Pharmacy Code Book

WISCONSIN STATUTES
AND
ADMINISTRATIVE CODE

RELATING TO THE PRACTICE OF
PHARMACY

State of Wisconsin
Department of Safety and Professional Services
1400 E. Washington Avenue
PO Box 8935
Madison WI 53708-8935

FEBRUARY2013
i
STRUCTURE OF THE EXECUTIVE BRANCH 15.001
1 Updated 1112 Wis. Stats. Database
Electronic reproduction of 201112 Wis. Stats. database, current through February 1, 2013.
201112 Wis. Stats. database current through February 1, 2013. Includes all Legislative Acts and Supreme Court Orders enacted
before Feb. 1, 2013. Statutory changes effective on or prior to Feb. 1, 2013 are published as currently in effect. Changes effective
after Feb. 1, 2013 are designated by NOTES. See Are the Statutes on this Website Official? (2913)
CHAPTER 15
STRUCTURE OF THE EXECUTIVE BRANCH
SUBCHAPTER I
GENERAL PROVISIONS
15.001 Declaration of policy.
15.01 Definitions.
15.02 Offices, departments and independent agencies.
15.03 Attachment for limited purposes.
15.04 Heads of departments and independent agencies; powers and duties.
15.05 Secretaries.
15.06 Commissions and commissioners.
15.07 Boards.
15.08 Examining boards and councils.
15.085 Affiliated credentialing boards.
15.09 Councils.
SUBCHAPTER II
DEPARTMENTS
15.10 Department of administration; creation.
15.103 Same; specified divisions.
15.105 Same; attached boards, commissions, and offices.
15.107 Same; councils.
15.13 Department of agriculture, trade and consumer protection; creation.
15.135 Same; attached boards and commissions.
15.14 Department of corrections; creation.
15.145 Same; attached boards, commissions, and councils.
15.16 Department of employee trust funds; creation.
15.165 Same; attached boards.
15.18 Department of financial institutions.
15.185 Same; attached boards and offices.
15.19 Department of health services; creation.
15.20 Department of children and families; creation.
15.22 Department of workforce development; creation.
15.225 Same; attached boards and commission.
15.25 Department of justice; creation.
15.31 Department of military affairs; creation.
15.313 Same; specified division.
15.34 Department of natural resources; creation.
15.348 Conservation congress.
15.37 Department of public instruction; creation.
15.374 Same; offices.
15.40 Department of safety and professional services; creation.
15.405 Same; attached boards and examining boards.
15.406 Same; attached affiliated credentialing boards.
15.43 Department of revenue; creation.
15.44 Department of tourism.
15.46 Department of transportation; creation.
15.465 Same; attached board.
15.49 Department of veterans affairs; creation.
SUBCHAPTER III
INDEPENDENT AGENCIES
15.57 Educational communications board; creation.
15.58 Employment relations commission; creation.
15.60 Government accountability board; creation.
15.607 Same; council.
15.67 Higher educational aids board; creation.
15.70 Historical society.
15.73 Office of commissioner of insurance; creation.
15.76 Investment board; creation.
15.78 Public defender board.
15.79 Public service commission; creation.
15.795 Same; attached office.
15.797 Same; council.
15.91 Board of regents of the University of Wisconsin System; creation.
15.917 Same; attached council.
15.94 Technical college system board; creation.
15.945 Same; attached board.
SUBCHAPTER I
GENERAL PROVISIONS
15.001 Declaration of policy. (1) THREE BRANCHES OF
GOVERNMENT. The republican form of government guaranteed
by the U.S. constitution contemplates the separation of powers
within state government among the legislative, the executive and
the judicial branches of the government. The legislative branch
has the broad objective of determining policies and programs and
review of program performance for programs previously autho-
rized, the executive branch carries out the programs and policies
and the judicial branch has the responsibility for adjudicating any
conflicts which might arise from the interpretation or application
of the laws. It is a traditional concept of American government
that the 3 branches are to function separately, without intermin-
gling of authority, except as specifically provided by law.
(2) GOALS OF EXECUTIVE BRANCH ORGANIZATION. (a) As the
chief administrative officer of the state, the governor should be
provided with the administrative facilities and the authority to
carry out the functions of the governors office efficiently and
effectively within the policy limits established by the legislature.
(b) The administrative agencies which comprise the executive
branch should be consolidated into a reasonable number of depart-
ments and independent agencies consistent with executive capac-
ity to administer effectively at all levels.
(c) The integration of the agencies in the executive branch
should be on a functional basis, so that programs can be coordi-
nated.
(d) Each agency in the executive branch should be assigned a
name commensurate with the scope of its program responsibili-
ties, and should be integrated into one of the departments or inde-
pendent agencies of the executive branch as closely as the con-
flicting goals of administrative integration and responsiveness to
the legislature will permit.
(3) GOALS OF CONTINUING REORGANIZATION. Structural reor-
ganization should be a continuing process through careful execu-
tive and legislative appraisal of the placement of proposed new
programs and the coordination of existing programs in response
to changing emphasis or public needs, and should be consistent
with the following goals:
(a) The organization of state government should assure its
responsiveness to popular control. It is the goal of reorganization
to improve legislative policymaking capability and to improve
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Updated 1112 Wis. Stats. Database 2
15.001 STRUCTURE OF THE EXECUTIVE BRANCH
the administrative capability of the executive to carry out these
policies.
(b) The organization of state government should facilitate
communication between citizens and government. It is the goal
of reorganization through coordination of related programs in
functionoriented departments to improve public understanding
of government programs and policies and to improve the relation-
ships between citizens and administrative agencies.
(c) The organization of state government shall assure efficient
and effective administration of the policies established by the leg-
islature. It is the goal of reorganization to promote efficiency by
improving the management and coordination of state services and
by eliminating overlapping activities.
History: 1991 a. 316.
15.01 Definitions. In this chapter:
(1g) Affiliated credentialing board means a parttime body
that meets all of the following conditions:
(a) Is attached to an examining board to regulate a profession
that does not practice independently of the profession regulated by
the examining board or that practices in collaboration with the
profession regulated by the examining board.
(b) With the advice of the examining board to which it is
attached, sets standards of professional competence and conduct
for the profession under the affiliated credentialing boards super-
vision, reviews the qualifications of prospective new practition-
ers, grants credentials, takes disciplinary action against credential
holders and performs other functions assigned to it by law.
(1r) Board means a parttime body functioning as the
policymaking unit for a department or independent agency or a
parttime body with policymaking or quasijudicial powers.
(2) Commission means a 3member governing body in
charge of a department or independent agency or of a division or
other subunit within a department, except for the Wisconsin
waterways commission which shall consist of 5 members and the
parole commission which shall consist of 8 members. A Wiscon-
sin group created for participation in a continuing interstate body,
or the interstate body itself, shall be known as a commission, but
is not a commission for purposes of s. 15.06. The parole commis-
sion created under s. 15.145 (1) shall be known as a commis-
sion, but is not a commission for purposes of s. 15.06.
(3) Committee means a parttime body appointed to study
a specific problem and to recommend a solution or policy alterna-
tive with respect to that problem, and intended to terminate on the
completion of its assignment. Because of their temporary nature,
committees shall be created by session law rather than by statute.
(4) Council means a parttime body appointed to function
on a continuing basis for the study, and recommendation of solu-
tions and policy alternatives, of the problems arising in a specified
functional area of state government, except the Milwaukee River
revitalization council has the powers and duties specified in s.
23.18, the council on physical disabilities has the powers and
duties specified in s. 46.29 (1) and (2), the state council on alcohol
and other drug abuse has the powers and duties specified in s.
14.24, and the electronic recording council has the powers and
duties specified in s. 706.25 (4).
(5) Department means the principal administrative agency
within the executive branch of Wisconsin state government, but
does not include the independent agencies under subch. III.
(6) Division, bureau, section and unit means the sub-
units of a department or an independent agency, whether specifi-
cally created by law or created by the head of the department or
the independent agency for the more economic and efficient
administration and operation of the programs assigned to the
department or independent agency. The office of justice assist-
ance in the department of administration and the office of credit
unions in the department of financial institutions have the mean-
ing of division under this subsection. The office of the long
term care ombudsman under the board on aging and longterm
care and the office of educational accountability in the department
of public instruction have the meaning of bureau under this sub-
section.
(7) Examining board means a parttime body which sets
standards of professional competence and conduct for the profes-
sion under its supervision, prepares, conducts and grades the
examinations of prospective new practitioners, grants licenses,
investigates complaints of alleged unprofessional conduct and
performs other functions assigned to it by law. Examining
board includes the board of nursing.
(8) Head, in relation to a department, means the constitu-
tional officer, commission, secretary or board in charge of the
department. Head, in relation to an independent agency, means
the commission, commissioner or board in charge of the indepen-
dent agency.
(9) Independent agency means an administrative agency
within the executive branch created under subch. III.
History: 1977 c. 29, 274; 1979 c. 34; 1983 a. 27, 189, 371, 410, 538; 1985 a. 29,
120, 180; 1987 s. 27, 342, 399; 1989 a. 31, 107, 202; 1991 a. 39, 269, 315; 1993 a.
16, 107, 210, 215; 1995 a. 27 ss. 74 and 9145 (1); 1995 a. 442, 462; 1997 a. 27, 237;
2001 a. 16, 105, 109; 2005 a. 25, 421; 2007 a. 20; 2009 a. 28; 2011 a. 32, 38.
15.02 Offices, departments and independent agen-
cies. The constitutional offices, administrative departments and
independent agencies which comprise the executive branch of
Wisconsin state government are structured as follows:
(1) SEPARATE CONSTITUTIONAL OFFICES. The governor, lieu-
tenant governor, secretary of state and state treasurer each head a
staff to be termed the office of the respective constitutional offi-
cer.
(2) PRINCIPAL ADMINISTRATIVE UNITS. The principal adminis-
trative unit of the executive branch is a department or an inde-
pendent agency. Each such unit shall bear a title beginning with
the words State of Wisconsin and continuing with department
of.... or with the name of the independent agency. A department
may be headed by a constitutional officer, a secretary, a commis-
sion or a board. An independent agency may be headed by a com-
mission, a commissioner or a board.
(3) INTERNAL STRUCTURE. (a) The secretary of each depart-
ment may, subject to sub. (4), establish the internal structure
within the office of secretary so as to best suit the purposes of his
or her department. No secretary may authorize the designation of
assistant secretary as the official position title of any employee
of his or her department.
(b) For field operations, departments may establish district or
area offices which may cut across divisional lines of responsibil-
ity.
(c) For their internal structure, all departments shall adhere to
the following standard terms, and independent agencies are
encouraged to review their internal structure and to adhere as
much as possible to the following standard terms:
1. The principal subunit of the department is the division.
Each division shall be headed by an administrator. The office
of justice assistance in the department of administration and the
office of credit unions in the department of financial institutions
have the meaning of division and the executive staff director of
the office of justice assistance in the department of administration
and the director of credit unions have the meaning of administra-
tor under this subdivision.
2. The principal subunit of the division is the bureau. Each
bureau shall be headed by a director. The office of the long
term care ombudsman under the board on aging and longterm
care and the office of educational accountability in the department
of public instruction have the meaning of bureau under this sub-
division.
2m. Notwithstanding subds. 1. and 2., the principal subunit
of the department of tourism is the bureau, which shall be
headed by a director.
3. If further subdivision is necessary, bureaus may be divided
into subunits which shall be known as sections and which shall
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be headed by chiefs and sections may be divided into subunits
which shall be known as units and which shall be headed by
supervisors.
(4) INTERNAL ORGANIZATION AND ALLOCATION OF FUNCTIONS.
The head of each department or independent agency shall, subject
to the approval of the governor, establish the internal organization
of the department or independent agency and allocate and reallo-
cate duties and functions not assigned by law to an officer or any
subunit of the department or independent agency to promote eco-
nomic and efficient administration and operation of the depart-
ment or independent agency. The head may delegate and redele-
gate to any officer or employee of the department or independent
agency any function vested by law in the head. The governor may
delegate the authority to approve selected organizational changes
to the head of any department or independent agency.
History: 1971 c. 261; 1973 c. 12; 1975 c. 39; 1977 c. 29; 1979 c. 221; 1987 a. 27,
399; 1993 a. 16, 184, 215, 491; 1995 a. 27 ss. 75, 76, 76c and 9145 (1); 1997 a. 27;
2007 a. 20; 2011 a. 32.
Limits of internal departmental reorganization discussed. 61 Atty. Gen. 306.
15.03 Attachment for limited purposes. Any division,
office, commission, council or board attached under this section
to a department or independent agency or a specified division
thereof shall be a distinct unit of that department, independent
agency or specified division. Any division, office, commission,
council or board so attached shall exercise its powers, duties and
functions prescribed by law, including rule making, licensing and
regulation, and operational planning within the area of program
responsibility of the division, office, commission, council or
board, independently of the head of the department or indepen-
dent agency, but budgeting, program coordination and related
management functions shall be performed under the direction and
supervision of the head of the department or independent agency,
except that with respect to the office of the commissioner of rail-
roads, all personnel and biennial budget requests by the office of
the commissioner of railroads shall be provided to the department
of transportation as required under s. 189.02 (7) and shall be pro-
cessed and properly forwarded by the public service commission
without change except as requested and concurred in by the office
of the commissioner of railroads.
History: 1981 c. 347; 1983 a. 27; 1993 a. 123; 1999 a. 9.
15.04 Heads of departments and independent agen-
cies; powers and duties. (1) DUTIES. Each head of a depart-
ment or independent agency shall:
(a) Supervision. Except as provided in s. 15.03, plan, direct,
coordinate and execute the functions vested in the department or
independent agency.
(b) Budget. Biennially compile a comprehensive program
budget which reflects all fiscal matters related to the operation of
the department or independent agency and each program, subpro-
gram and activity therein.
(c) Advisory bodies. In addition to any councils specifically
created by law, create and appoint such councils or committees as
the operation of the department or independent agency requires.
Members of councils and committees created under this general
authority shall serve without compensation, but may be reim-
bursed for their actual and necessary expenses incurred in the per-
formance of their duties and, if such reimbursement is made, such
reimbursement in the case of an officer or employee of this state
who represents an agency as a member of such a council or com-
mittee shall be paid by the agency which pays the officers or
employees salary.
(d) Biennial report. On or before October 15 of each odd
numbered year, submit to the governor and the chief clerk of each
house of the legislature, for distribution to the legislature under s.
13.172 (2), a report on the performance and operations of the
department or independent agency during the preceding bien-
nium, and projecting the goals and objectives of the department
or independent agency as developed for the program budget
report. The secretary of administration may prescribe the format
of the report and may require such other information deemed
appropriate. Each department or independent agency shall pro-
vide a copy of its biennial report to legislators upon request. Any
department or independent agency may issue such additional
reports on its findings and recommendations as its operations
require. A department or independent agency may, on or before
October 15, submit an annual report prepared by it, in place of the
biennial report required under this paragraph, if the submission of
the annual reports is approved by the secretary of administration.
(e) Seal. Have authority to adopt a seal for the department or
independent agency.
(f) Bonds. Have authority to require that any officer or
employee of the department or independent agency give an offi-
cial bond under ch. 19, if the secretary of administration agrees
that the position held by such officer or employee requires bond-
ing.
(g) Discrimination review. In order to determine whether there
is any arbitrary discrimination on the basis of race, religion,
national origin, sex, marital status or sexual orientation as defined
in s. 111.32 (13m), examine and assess the statutes under which
the head has powers or regulatory responsibilities, the procedures
by which those statutes are administered and the rules promul-
gated under those statutes. If the department or agency head finds
any such discrimination, he or she shall take remedial action,
including making recommendations to the appropriate executive,
legislative or administrative authority.
(i) Records and forms management program. Establish and
maintain a records and forms management program.
(j) Records and forms officer. Appoint a records and forms
officer, who shall be responsible for compliance by the depart-
ment or independent agency with all records and forms manage-
ment laws and rules and who may prevent any form from being
put into use.
(k) Form numbering and filing system. Establish a numbering
and filing system for forms.
(m) Notice on forms. See that each form used by the depart-
ment or independent agency to seek information from municipali-
ties, counties or the public contains on the first page of the form,
or in the instructions for completing the form, a conspicuous
notice of the authorization for the form, whether or not completing
the form is voluntary, if it is not voluntary, the penalty for failure
to respond and whether or not any personally identifiable informa-
tion, as defined under s. 19.62 (5), requested in the form is likely
to be used for purposes other than for which it is originally being
collected. This paragraph does not apply to state tax forms.
(2) DEPUTY. Each secretary of a department or head of an inde-
pendent agency under s. 230.08 (2) (L) may appoint a deputy who
shall serve at the pleasure of the secretary or agency head outside
the classified service. The deputy shall exercise the powers,
duties and functions of the secretary or head in the absence of the
secretary or head, and shall perform such other duties as the secre-
tary or head prescribes. The adjutant general may appoint 2 depu-
ties as described in s. 321.10 (1) (b) and (c). In this subsection
secretary includes the attorney general and the state superinten-
dent of public instruction.
(3) DEPUTY APPROVALS. Positions for which appointment is
made under sub. (2) may be authorized only under s. 16.505.
History: 1971 c. 125; 1975 c. 94; 1977 c. 196, 273, 418, 447; 1979 c. 221; 1981
c. 112, 350; 1981 c. 391 s. 210; 1983 a. 27, 524; 1985 a. 29; 1985 a. 180 ss. 2 to 4,
30m; 1985 a. 332; 1987 a. 147 s. 25; 1987 a. 186; 1989 a. 248; 1991 a. 39, 189; 1995
a. 27; 1997 a. 73; 2007 a. 200.
15.05 Secretaries. (1) SELECTION. (a) If a department is
under the direction and supervision of a secretary, the secretary
shall be nominated by the governor, and with the advice and con-
sent of the senate appointed, to serve at the pleasure of the gover-
nor.
(b) Except as provided in pars. (c) and (d), if a department is
under the direction and supervision of a board, the board shall
appoint a secretary to serve at the pleasure of the board outside the
3
classified service. In such departments, the powers and duties of
the board shall be regulatory, advisory and policymaking, and
not administrative. All of the administrative powers and duties of
the department are vested in the secretary, to be administered by
him or her under the direction of the board. The secretary, with
the approval of the board, shall promulgate rules for administering
the department and performing the duties assigned to the depart-
ment.
(c) The secretary of natural resources shall be nominated by
the governor, and with the advice and consent of the senate
appointed, to serve at the pleasure of the governor.
(d) The secretary of agriculture, trade and consumer protection
sent of the senate appointed, to serve at the pleasure of the gover-
nor.
(1m) SECRETARY OF VETERANS AFFAIRS. Before making his or
her nomination for the secretary of veterans affairs, the governor
shall personally consult with the presiding officers of at least 6
Wisconsin veterans organizations.
(3) EXECUTIVE ASSISTANT. Each secretary may appoint an
executive assistant to serve at his or her pleasure outside the classi-
fied service. The executive assistant shall perform duties as the
secretary prescribes. In this subsection, secretary includes the
attorney general, the adjutant general, the director of the technical
college system and the state superintendent of public instruction.
(3m) FIELD DISTRICT OR FIELD AREA DIRECTORS. Each secre-
tary may appoint a director under the classified service for each
district or area office established in his or her department under s.
15.02 (3) (b).
(4) OFFICIAL OATH. Each secretary shall take and file the offi-
cial oath prior to assuming office.
(5) EXECUTIVE ASSISTANT APPROVALS. Positions for which
appointment is made under sub. (3) may be authorized only under
s. 16.505.
History: 1973 c. 90; 1977 c. 4, 196; 1985 a. 18; 1985 a. 332 s. 251 (3); 1989 a.
31, 169; 1993 a. 399; 1995 a. 27; 2011 a. 36.
15.06 Commissions and commissioners. (1) SELEC-
TION OF MEMBERS. (a) Except as otherwise provided in this sub-
section, the members of commissions shall be nominated by the
governor, and with the advice and consent of the senate appointed,
for staggered 6year terms expiring on March 1 of the oddnum-
bered years.
(ag) Members of the Wisconsin waterways commission shall
be nominated by the governor, and with the advice and consent of
the senate appointed, for staggered 5year terms.
(ar) The commissioner of railroads shall be nominated by the
for a 6year term expiring on March 1 of an oddnumbered year.
(b) The commissioner of insurance shall be nominated by the
to serve at the pleasure of the governor. The governor may remove
from office the commissioner of insurance who was appointed for
a fixed term before August 1, 1987.
(2) SELECTION OF OFFICERS. Each commission may annually
elect officers other than a chairperson from among its members as
its work requires. Any officer may be reappointed or reelected.
At the time of making new nominations to commissions, the gov-
ernor shall designate a member or nominee of each commission
to serve as the commissions chairperson for a 2year term expir-
ing on March 1 of the oddnumbered year except that the labor
and industry review commission shall elect one of its members to
serve as the commissions chairperson for a 2year term expiring
on March 1 of the oddnumbered year.
(3) FULLTIME OFFICES. (a) A commissioner may not hold any
other office or position of profit or pursue any other business or
vocation, but shall devote his or her entire time to the duties of his
or her office. This paragraph does not apply to:
1. The commissioner of insurance.
3. The members of the Wisconsin waterways commission.
(b) The commissioner of insurance shall not engage in any
other occupation, business or activity that is in any way inconsis-
tent with the performance of the duties of the commissioner of
insurance, nor shall the commissioner hold any other public
office.
(4) CHAIRPERSON; ADMINISTRATIVE DUTIES. The administra-
tive duties of each commission shall be vested in its chairperson,
to be administered by the chairperson under the statutes and rules
of the commission and subject to the policies established by the
commission.
(4m) EXECUTIVE ASSISTANT. Each commission chairperson
under s. 230.08 (2) (m) and each commissioner of the public ser-
vice commission may appoint an executive assistant to serve at his
or her pleasure outside the classified service. The executive assis-
tant shall perform duties as the chairperson or commissioner pre-
scribes.
(5) FREQUENCY OF MEETINGS; PLACE. Every commission shall
meet on the call of the chairperson or a majority of its members.
Every commission shall maintain its offices in Madison, but may
meet or hold hearings at such other locations as will best serve the
citizens of this state.
(6) QUORUM. A majority of the membership of a commission
constitutes a quorum to do business, except that vacancies shall
not prevent a commission from doing business. This subsection
does not apply to the parole commission.
(7) REPORTS. Every commission attached to a department
shall submit to the head of the department, upon request of that
person not more often than annually, a report on the operation of
the commission.
(8) OFFICIAL OATH. Every commissioner shall take and file the
official oath prior to assuming office.
(9) EXECUTIVE ASSISTANT APPROVALS. Positions for which
appointment is made under sub. (4m) may be authorized only
under s. 16.505.
History: 1971 c. 193, 307; 1977 c. 29, 196, 274; 1981 c. 347; 1983 a. 27, 371, 410,
538; 1985 a. 29; 1987 a. 27, 403; 1989 a. 31; 1991 a. 39, 269, 316; 1993 a. 16, 123;
1995 a. 27; 1997 a. 27; 2001 a. 16; 2003 a. 33; 2005, a. 149; 2009 a. 28; 2011 a. 38.
A single member of the personnel commission is empowered to act as the commis-
sion when 2 of the 3 commission positions are vacant. 68 Atty. Gen. 323.
A commissioner designated as chairperson of the commission under sub. (2) is not
appointed to a new position, and Art. IV, s. 26, precludes a salary increase based on
that designation. 76 Atty. Gen. 52.
Sub. (3) (a) prohibits a commissioner from pursuing business interests that would
prevent properly fulfilling the duties of the office. 77 Atty. Gen. 36.
15.07 Boards. (1) SELECTION OF MEMBERS. (a) If a depart-
ment or independent agency is under the direction and supervision
of a board, the members of the board, other than the members serv-
ing on the board because of holding another office or position,
sent of the senate appointed, to serve for terms prescribed by law,
except:
1. Members of the higher educational aids board shall be
appointed by the governor without senate confirmation.
2. Members of the government accountability board shall be
nominated by the governor, and with the advice and consent of
twothirds of the members of the senate present and voting shall
be appointed, to serve for terms prescribed by law.
3. Members of the employee trust funds board appointed or
elected under s. 15.16 (1) (a), (b), (d) and (f) shall be appointed or
elected as provided in that section.
4. Members of the investment board appointed under s. 15.76
(3) shall be appointed as provided in that section.
5. The members of the educational communications board
appointed under s. 15.57 (5) and (7) shall be appointed as provided
in that section.
(b) For each board not covered under par. (a), the governor
shall appoint the members of the board, other than the members
serving on the board because of holding another office or position
and except as otherwise provided, for terms prescribed by law
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except that all members of the following boards, or all members
of the following boards specified in this paragraph, other than the
members serving on a board because of holding another office or
position, shall be nominated by the governor, and with the advice
and consent of the senate appointed, for terms provided by law:
1. Banking review board.
2. College savings program board.
3. Credit union review board.
5. Savings institutions review board.
9. Board on aging and longterm care.
10. Land and water conservation board.
11. Waste facility siting board.
12. Prison industries board.
14. Deferred compensation board.
15. The 3 members of the lower Wisconsin state riverway
board appointed under s. 15.445 (3) (b) 7.
15m. The members of the state fair park board appointed
under s. 15.445 (4) (a) 3. to 5.
17. Real estate appraisers board.
18m. Board of veterans affairs.
19m. Auctioneer board.
20. The 3 members of the Kickapoo reserve management
board appointed under s. 15.445 (2) (b) 3.
23. Cemetery board.
(c) Except as provided under par. (cm), fixed terms of mem-
bers of boards shall expire on May 1 and, if the term is for an even
number of years, shall expire in an oddnumbered year.
(cm) The term of one member of the government accountabil-
ity board shall expire on each May 1. The terms of the 3 members
of the land and water conservation board appointed under s.
15.135 (4) (b) 2. shall expire on January 1. The term of the mem-
ber of the land and water conservation board appointed under s.
15.135 (4) (b) 2m. shall expire on May 1 of an evennumbered
year. The terms of the appraiser members of the real estate
appraisers board and the terms of the auctioneer and auction com-
pany representative members of the auctioneer board shall expire
on May 1 in an evennumbered year. The terms of the members
of the cemetery board shall expire on July 1 in an evennumbered
year. The term of the student member of the Board of Regents of
the University of Wisconsin System who is at least 24 years old
shall expire on May 1 of every evennumbered year.
(cs) No member of the auctioneer board, cemetery board, or
real estate appraisers board may be an officer, director, or
employee of a private organization that promotes or furthers any
profession or occupation regulated by that board.
(2) SELECTION OF OFFICERS. At its first meeting in each year,
every board shall elect a chairperson, vice chairperson and secre-
tary each of whom may be reelected for successive terms, except
that:
(a) The chairperson and vice chairperson of the investment
board shall be designated biennially by the governor.
(b) The chairperson of the governmental accountability board
shall be chosen by lot by the current chairperson of the board at
the first meeting of the board in January of each year.
(d) The officers elected by the board of regents of the Univer-
sity of Wisconsin System and the technical college system board
shall be known as a president, vice president and secretary.
(e) The representative of the department of justice shall serve
as chairperson of the claims board and the representative of the
department of administration shall serve as its secretary.
(f) The state superintendent of public instruction or his or her
designated representative shall serve as chairperson of the school
district boundary appeal board.
(g) A representative of the department of justice designated by
the attorney general shall serve as nonvoting secretary to the law
enforcement standards board.
(h) The chairperson of the state fair park board shall be desig-
nated annually by the governor from among the members
appointed under s. 15.445 (4) (a) 3., 4. and 5.
(j) At its first meeting in each evennumbered year, the state
capitol and executive residence board shall elect officers for
2year terms.
(L) The governor shall serve as chairperson of the information
technology management board and the secretary of administra-
tion or his or her designee shall serve as secretary of that board.
(m) The representative of the department of administration
shall serve as chairperson of the incorporation review board.
(n) The member appointed under s. 15.345 (6) (a) shall serve
as chairperson of the managed forest land board.
(3) FREQUENCY OF MEETINGS. (a) If a department or indepen-
dent agency is under the direction and supervision of a board, the
board shall meet quarterly and may meet at other times on the call
of the chairperson or a majority of its members. If a department
or independent agency is under the direction and supervision of
a board, the board shall, in addition, meet no later than August 31
of each evennumbered year to consider and approve a proposed
budget of the department or independent agency for the succeed-
ing fiscal biennium.
(b) Except as provided in par. (bm), each board not covered
under par. (a) shall meet annually, and may meet at other times on
the call of the chairperson or a majority of its members. The auc-
tioneer board, the cemetery board, and the real estate appraisers
board shall also meet on the call of the secretary of safety and pro-
fessional services or his or her designee within the department.
(bm) 2. The environmental education board shall meet 4 times
each year and may meet at other times on the call of the chairper-
son.
3. The auctioneer board shall meet at least 4 times each year.
4. The information technology management board shall meet
at least 4 times each year and may meet at other times on the call
of the chairperson.
5. The incorporation review board shall meet on the call of the
chairperson or a majority of the boards members.
6. The cemetery board shall meet at least 4 times each year.
(4) QUORUM. A majority of the membership of a board consti-
tutes a quorum to do business and, unless a more restrictive provi-
sion is adopted by the board, a majority of a quorum may act in any
matter within the jurisdiction of the board. This subsection does
not apply to actions of the government accountability board or the
school district boundary appeal board as provided in ss. 5.05 (1e)
and 117.05 (2) (a).
(5) REIMBURSEMENT FOR EXPENSES; COMPENSATION. Except as
provided in sub. (5m), the members of each board shall be reim-
bursed for their actual and necessary expenses incurred in the per-
formance of their duties, such reimbursement in the case of an
officer or employee of this state who represents an agency as a
member of a board to be paid by the agency which pays the mem-
bers salary. The members shall receive no compensation for their
services, except that the following members of boards, except
fulltime state officers or employees, also shall be paid the per
diem stated below for each day on which they were actually and
necessarily engaged in the performance of their duties:
(a) Members of the investment board, $50 per day.
(b) Members of the banking review board, $25 per day but not
to exceed $1,500 per year.
(c) Members of the auctioneer board, $25 per day.
(d) Members of the board of agriculture, trade and consumer
protection, not exceeding $35 per day as fixed by the board with
the approval of the governor, but not to exceed $1,000 per year.
(e) In lieu of a per diem, the members of the technical college
system board shall receive $100 annually.
(f) Members of the teachers retirement board, appointive
members of the Wisconsin retirement board, appointive members
of the group insurance board, members of the deferred compensa-
5
tion board and members of the employee trust funds board, $25
per day.
(g) Members of the savings institutions review board, $10 per
day.
(h) Voting members of the land and water conservation board,
$25 per day.
(i) Members of the educational approval board, $25 per day.
(j) Members of the state fair park board, $10 per day but not
to exceed $600 per year.
(k) Members of the board for people with developmental dis-
abilities, $50 per day.
(L) Members of the school district boundary appeal board, $25
per day.
(m) Members of the government accountability board, a per
diem equal to the amount prescribed under s. 753.075 (3) (a) for
reserve judges sitting in circuit court.
(o) Members of the burial sites preservation board, $25 per
day.
(s) Members of the credit union review board, $25 per day but
not to exceed $1,500 per year.
(t) Members of the waste facility siting board who are town or
county officials, $35 per day.
(w) Members of the lower Wisconsin state riverway board,
$25 per day.
(x) Members of the real estate appraisers board, $25 per day.
(y) Members of the Kickapoo reserve management board, $25
per day.
(z) Members of the cemetery board, $25 per day.
(5m) LIMITATIONS ON SALARY AND EXPENSES. (b) Lower Wis-
consin state riverway board. The members, except for the chair-
person, of the lower Wisconsin state riverway board shall be reim-
bursed under sub. (5) for only their necessary and actual travel
expenses incurred in the performance of their duties, or shall be
paid $25 plus mileage incurred in the performance of their duties,
whichever is greater. The chairperson of the lower Wisconsin
state riverway board shall be reimbursed for all his or her actual
and necessary expenses incurred in the performance of his or her
duties. The lower Wisconsin state riverway board shall determine
which expenses of the chairperson are actual and necessary before
reimbursement.
(c) Board for people with developmental disabilities. A mem-
ber of the board for people with developmental disabilities shall
be reimbursed under sub. (5) (k) only if the member attends a
meeting or event of the board and all of the following apply:
1. The members official duties related to the meeting or event
occupy at least 4 hours in one day.
2. Due to the members official duties related to the meeting
or event the member forfeits wages from other employment or the
member is not otherwise employed for wages.
(6) REPORTS. Every board created in or attached to a depart-
ment or independent agency shall submit to the head of the depart-
ment or independent agency, upon request of that person not more
often than annually, a report on the operation of the board.
(7) OFFICIAL OATH. Each member of a board shall take and file
the official oath prior to assuming office.
History: 1971 c. 100 s. 23; 1971 c. 125, 261, 270, 323; 1973 c. 90, 156, 299, 334;
1975 c. 39, 41, 422; 1977 c. 29 ss. 24, 26, 1650m (3); 1977 c. 203, 277, 418, 427; 1979
c. 34, 110, 221, 346; 1981 c. 20, 62, 94, 96, 156, 314, 346, 374, 391; 1983 a. 27, 282,
403; 1985 a. 20, 29, 316; 1987 a. 27, 119, 142, 354, 399, 403; 1989 a. 31, 102, 114,
219, 299, 340; 1991 a. 25, 39, 116, 221, 269, 316; 1993 a. 16, 75, 102, 184, 349, 399,
490; 1995 a. 27, 216, 247; 1997 a. 27 ss. 43 to 48m, 9456 (3m); 1999 a. 9, 44, 181,
197; 2001 a. 16; 2003 a. 33 ss. 79 to 85, 2811; 2003 a. 48 ss. 10, 11; 2003 a. 171; 2003
a. 206 s. 23; 2005 a. 25 ss. 41g to 45m, 2493; 2005 a. 76, 228, 253; 2007 a. 1, 20, 97,
109; 2009 a. 28; 2011 a. 10, 32.
Membership as used in sub. (4) means the authorized number of positions and
not the number of positions that are currently occupied. 66 Atty. Gen. 192.
15.08 Examining boards and councils. (1) SELECTION
OF MEMBERS. All members of examining boards shall be residents
of this state and shall, unless otherwise provided by law, be nomi-
nated by the governor, and with the advice and consent of the sen-
ate appointed. Appointments shall be for the terms provided by
law. Terms shall expire on July 1. No member may serve more
than 2 consecutive terms. No member of an examining board may
be an officer, director or employee of a private organization which
promotes or furthers the profession or occupation regulated by
that board.
(1m) PUBLIC MEMBERS. (a) Public members appointed under
s. 15.405 or 15.407 shall have all the powers and duties of other
members except they shall not prepare questions for or grade any
licensing examinations.
(am) Public members appointed under s. 15.405 or 15.407
shall not be, nor ever have been, licensed, certified, registered or
engaged in any profession or occupation licensed or otherwise
regulated by the board, examining board or examining council to
which they are appointed, shall not be married to any person so
licensed, certified, registered or engaged, and shall not employ, be
employed by or be professionally associated with any person so
licensed, certified, registered or engaged.
(b) The public members of the chiropractic examining board,
the dentistry examining board, the hearing and speech examining
board, the medical examining board, the physical therapy examin-
ing board, perfusionists examining council, respiratory care prac-
titioners examining council and council on physician assistants,
the board of nursing, the nursing home administrator examining
board, the veterinary examining board, the optometry examining
board, the pharmacy examining board, the marriage and family
therapy, professional counseling, and social work examining
board, the psychology examining board, and the radiography
examining board shall not be engaged in any profession or
occupation concerned with the delivery of physical or mental
health care.
(c) The membership of each examining board and examining
council created in the department of safety and professional ser-
vices after June 1, 1975, shall be increased by one member who
shall be a public member appointed to serve for the same term
served by the other members of such examining board or examin-
ing council, unless the act relating to the creation of such examin-
ing board or examining council provides that 2 or more public
members shall be appointed to such examining board or examin-
ing council.
every examining board shall elect from among its members a
chairperson, vice chairperson and, unless otherwise provided by
law, a secretary. Any officer may be reelected to succeed himself
or herself.
(3) FREQUENCY OF MEETINGS. (a) Every examining board shall
meet annually and may meet at other times on the call of the chair-
person or of a majority of its members.
(b) The medical examining board shall meet at least 12 times
annually.
(c) The hearing and speech examining board shall meet at least
once every 3 months.
(4) QUORUM. (a) A majority of the membership of an examin-
ing board constitutes a quorum to do business, and a majority of
a quorum may act in any matter within the jurisdiction of the
examining board.
(b) Notwithstanding par. (a), no certificate or license which
entitles the person certified or licensed to practice a trade or pro-
fession shall be suspended or revoked without the affirmative vote
of twothirds of the voting membership of the examining board.
(5) GENERAL POWERS. Each examining board:
(a) May compel the attendance of witnesses, administer oaths,
take testimony and receive proof concerning all matters within its
jurisdiction.
(b) Shall promulgate rules for its own guidance and for the
guidance of the trade or profession to which it pertains, and define
and enforce professional conduct and unethical practices not
6
inconsistent with the law relating to the particular trade or profes-
sion.
(c) May limit, suspend or revoke, or reprimand the holder of,
any license, permit or certificate granted by the examining board.
(6) IMPROVEMENT OF THE PROFESSION. In addition to any other
duties vested in it by law, each examining board shall foster the
standards of education or training pertaining to its own trade or
profession, not only in relation of the trade or profession to the
interest of the individual or to organized business enterprise, but
also in relation to government and to the general welfare. Each
examining board shall endeavor, both within and outside its own
trade or profession, to bring about a better understanding of the
relationship of the particular trade or profession to the general
welfare of this state.
(7) COMPENSATION AND REIMBURSEMENT FOR EXPENSES. Each
member of an examining board shall, unless the member is a full
time salaried employee of this state, be paid a per diem of $25 for
each day on which the member was actually and necessarily
engaged in the performance of examining board duties. Each
member of an examining board shall be reimbursed for the actual
and necessary expenses incurred in the performance of examining
board duties.
(8) OFFICIAL OATH. Every member of an examining board
shall take and file the official oath prior to assuming office.
(9) ANNUAL REPORTS. Every examining board shall submit to
the head of the department in which it is created, upon request of
that person not more often than annually, a report on the operation
of the examining board.
(10) SEAL. Every examining board may adopt a seal.
History: 1971 c. 40; 1975 c. 86, 199; 1977 c. 418; 1979 c. 32; 1979 c. 34 ss. 32e
to 32s, 2102 (45) (a); 1979 c. 221; 1981 c. 94; 1983 a. 403, 524; 1985 a. 332, 340;
1987 a. 399; 1989 a. 229, 316, 359; 1991 a. 39, 160, 316; 1993 a. 105, 107, 184, 490;
1995 a. 245; 1997 a. 175; 1999 a. 180; 2001 a. 80, 89, 105; 2009 a. 106, 149; 2011
a. 32, 258.
Selection and terms of officers of regulatory and licensing boards are discussed.
75 Atty. Gen. 247 (1986).
15.085 Affiliated credentialing boards. (1) SELECTION
OF MEMBERS. All members of affiliated credentialing boards shall
be residents of this state and shall, unless otherwise provided by
law, be nominated by the governor, and with the advice and con-
sent of the senate appointed. Appointments shall be for the terms
provided by law. Terms shall expire on July 1. No member may
serve more than 2 consecutive terms. No member of an affiliated
credentialing board may be an officer, director or employee of a
private organization which promotes or furthers the profession or
occupation regulated by that board.
(1m) PUBLIC MEMBERS. (a) Public members appointed under
s. 15.406 shall have all of the powers and duties of other members
except that they shall not prepare questions for or grade any licens-
ing examinations.
(am) Public members appointed under s. 15.406 shall not be,
nor ever have been, licensed, certified, registered or engaged in
any profession or occupation licensed or otherwise regulated by
the affiliated credentialing board to which they are appointed,
shall not be married to any person so licensed, certified, registered
or engaged, and shall not employ, be employed by or be profes-
sionally associated with any person so licensed, certified, regis-
tered or engaged.
(b) The public members of the podiatry affiliated credentialing
board or occupational therapists affiliated credentialing board
shall not be engaged in any profession or occupation concerned
with the delivery of physical or mental health care.
every affiliated credentialing board shall elect from among its
members a chairperson, vice chairperson and, unless otherwise
provided by law, a secretary. Any officer may be reelected to
succeed himself or herself.
(3) FREQUENCY OF MEETINGS. (a) Every affiliated credential-
ing board shall meet annually and may meet at other times on the
call of the chairperson or of a majority of its members.
(b) The chairperson of an affiliated credentialing board shall
meet at least once every 6 months with the examining board to
which the affiliated credentialing board is attached to consider all
matters of joint interest.
(4) QUORUM. (a) A majority of the membership of an affili-
ated credentialing board constitutes a quorum to do business, and
a majority of a quorum may act in any matter within the jurisdic-
tion of the affiliated credentialing board.
(b) Notwithstanding par. (a), no certificate or license which
entitles the person certified or licensed to practice a trade or pro-
fession shall be suspended or revoked without the affirmative vote
of twothirds of the membership of the affiliated credentialing
board.
(5) GENERAL POWERS. Each affiliated credentialing board:
(a) May compel the attendance of witnesses, administer oaths,
take testimony and receive proof concerning all matters within its
jurisdiction.
(b) Shall promulgate rules for its own guidance and for the
guidance of the trade or profession to which it pertains, and define
and enforce professional conduct and unethical practices not
inconsistent with the law relating to the particular trade or profes-
sion. In addition to any other procedure under ch. 227 relating to
the promulgation of rules, when promulgating a rule, other than
an emergency rule under s. 227.24, an affiliated credentialing
board shall do all of the following:
1. Submit the proposed rule to the examining board to which
the affiliated credentialing board is attached. The proposed rule
shall be submitted under this subdivision at least 60 days before
the proposed rule is submitted to the legislative council staff under
s. 227.15 (1).
2. Consider any comments on a proposed rule made by the
examining board to which the affiliated credentialing board is
attached, if the examining board submits the comments to the
affiliated credentialing board within 30 days after a public hearing
on the proposed rule under s. 227.18 or, if no hearing is held,
within 30 days after the proposed rule is published under s. 227.16
(2) (e).
3. Include, in the report submitted to the legislature under s.
227.19 (2), any comments on the proposed rule submitted by the
examining board under subd. 2. and the affiliated credentialing
boards responses to those comments.
(c) May limit, suspend or revoke, or reprimand the holder of,
any license, permit or certificate granted by the affiliated creden-
tialing board.
(6) IMPROVEMENT OF THE PROFESSION. In addition to any other
duties vested in it by law, each affiliated credentialing board shall
foster the standards of education or training pertaining to its own
trade or profession, not only in relation of the trade or profession
to the interest of the individual or to organized business enterprise,
but also in relation to government and to the general welfare. Each
affiliated credentialing board shall endeavor, both within and out-
side its own trade or profession, to bring about a better understand-
ing of the relationship of the particular trade or profession to the
general welfare of this state.
(7) COMPENSATION AND REIMBURSEMENT FOR EXPENSES. Each
member of an affiliated credentialing board shall, unless the mem-
ber is a fulltime salaried employee of this state, be paid a per diem
of $25 for each day on which the member was actually and neces-
sarily engaged in the performance of affiliated credentialing board
duties. Each member of an affiliated credentialing board shall be
reimbursed for the actual and necessary expenses incurred in the
performance of affiliated credentialing board duties.
(8) OFFICIAL OATH. Every member of an affiliated credential-
ing board shall take and file the official oath prior to assuming
office.
(9) ANNUAL REPORTS. Every affiliated credentialing board
shall submit to the head of the department in which it is created,
upon request of that person not more often than annually, a report
on the operation of the affiliated credentialing board.
7
(10) SEAL. Every affiliated credentialing board may adopt a
seal.
History: 1993 a. 107; 1997 a. 175; 1999 a. 180; 2009 a. 113, 149; 2011 a. 258.
15.09 Councils. (1) SELECTION OF MEMBERS. (a) Unless
otherwise provided by law, the governor shall appoint the mem-
bers of councils for terms prescribed by law. Except as provided
in par. (b), fixed terms shall expire on July 1 and shall, if the term
is for an even number of years, expire in an oddnumbered year.
(b) The terms of the members of the council on recycling shall
expire as specified under s. 15.347 (17) (c).
(2) SELECTION OF OFFICERS. Unless otherwise provided by
law, at its first meeting in each year every council shall elect a
chairperson, vice chairperson and secretary from among its mem-
bers. Any officer may be reelected for successive terms. For any
council created under the general authority of s. 15.04 (1) (c), the
constitutional officer or secretary heading the department or the
chief executive officer of the independent agency in which such
council is created shall designate an employee of the department
or independent agency to serve as secretary of the council and to
be a voting member thereof.
(3) LOCATION AND FREQUENCY OF MEETINGS. Unless otherwise
provided by law, every council shall meet at least annually and
shall also meet on the call of the head of the department or inde-
pendent agency in which it is created, and may meet at other times
on the call of the chairperson or a majority of its members. A
council shall meet at such locations as may be determined by it
unless the constitutional officer or secretary heading the depart-
ment or the chief executive officer of the independent agency in
which it is created determines a specific meeting place.
(4) QUORUM. Except as otherwise expressly provided, a
majority of the membership of a council constitutes a quorum to
do business, and a majority of a quorum may act in any matter
within the jurisdiction of the council.
(5) POWERS AND DUTIES. Unless otherwise provided by law, a
council shall advise the head of the department or independent
agency in which it is created and shall function on a continuing
basis for the study, and recommendation of solutions and policy
alternatives, of the problems arising in a specified functional area
of state government.
(6) REIMBURSEMENT FOR EXPENSES. Members of a council
shall not be compensated for their services, but, except as other-
wise provided in this subsection, members of councils created by
statute shall be reimbursed for their actual and necessary expenses
incurred in the performance of their duties, such reimbursement
in the case of an elective or appointive officer or employee of this
state who represents an agency as a member of a council to be paid
by the agency which pays his or her salary. Members of the agri-
cultural education and workforce development council may not
be reimbursed for their actual and necessary expenses incurred in
the performance of their duties.
(7) REPORTS. Unless a different provision is made by law for
transmittal or publication of a report, every council created in a
department or independent agency shall submit to the head of the
department or independent agency, upon request of that person
not more often than annually, a report on the operation of the coun-
cil.
(8) OFFICIAL OATH. Each member of a council shall take and
file the official oath prior to assuming office.
History: 1971 c. 211; 1977 c. 29; 1977 c. 196 s. 131; 1979 c. 34, 346; 1983 a. 27,
388, 410; 1985 a. 84; 1989 a. 335; 1991 a. 39, 189; 1993 a. 184; 2003 a. 260; 2007
a. 223; 2009 a. 2; 2011 a. 233.
SUBCHAPTER II
DEPARTMENTS
15.10 Department of administration; creation. There is
created a department of administration under the direction and
supervision of the secretary of administration. The secretary of
administration shall be appointed on the basis of recognized inter-
est, administrative and executive ability, training and experience
in and knowledge of problems and needs in the field of general
administration.
15.103 Same; specified divisions. (1) DIVISION OF HEAR-
INGS AND APPEALS. There is created a division of hearings and
appeals which is attached to the department of administration
under s. 15.03. The administrator of the division shall be
appointed by the secretary of administration in the classified ser-
vice.
(1g) DIVISION OF LEGAL SERVICES. There is created in the
department of administration a division of legal services.
(1m) DIVISION OF GAMING. There is created in the department
of administration a division of gaming.
(4) DIVISION OF TRUST LANDS AND INVESTMENTS. There is
created a division of trust lands and investments which is attached
to the department of administration under s. 15.03. This division
is under the direction and supervision of the board of commission-
ers of public lands.
(5) DIVISION OF ENTERPRISE TECHNOLOGY. There is created in
the department of administration a division of enterprise technol-
ogy.
History: 1977 c. 170, 418; 1979 c. 361 s. 15; 1981 c. 121; 1983 a. 27; 1989 a. 31,
107; 1991 a. 39; 1993 a. 16 s. 55m; 1995 a. 27; 1997 a. 27 ss. 26, 49; 2001 a. 16; 2003
a. 33; 2009 a. 28; 2011 a. 32.
15.105 Same; attached boards, commissions, and
offices. (1) TAX APPEALS COMMISSION. There is created a tax
appeals commission which is attached to the department of
administration under s. 15.03. Members shall be appointed solely
on the basis of fitness to perform the duties of their office, and shall
be experienced in tax matters. The commission shall meet at the
call of the chairperson or at the call of a majority of its members.
The chairperson shall not serve on or under any committee of a
political party. The commission shall include but not be limited
to a small claims division.
(2) CLAIMS BOARD. There is created a claims board, attached
to the department of administration under s. 15.03, consisting of
a representative of the office of the governor designated by the
governor, a representative of the department of administration
designated by the secretary of administration, a representative of
the department of justice designated by the attorney general and
the chairpersons of the senate and assembly committees on
finance or their designees appointed at the commencement of each
legislative biennium from the membership of their respective
committees on finance.
(3) DEPOSITORY SELECTION BOARD. There is created a deposi-
tory selection board which is attached to the department of admin-
istration under s. 15.03. The depository selection board shall con-
sist of the state treasurer, the secretary of administration, and the
secretary of revenue or their designees.
(4) PUBLIC RECORDS BOARD. There is created a public records
board which is attached to the department of administration under
s. 15.03. The public records board shall consist of the governor,
the director of the historical society, the attorney general, the state
auditor, and the director of the legislative council staff, or their
designated representatives, and a representative of the small busi-
ness community, a representative of a school board or the govern-
ing body of a municipality, as defined in s. 281.59 (1) (c), and one
other member.
(5) STATE CAPITOL AND EXECUTIVE RESIDENCE BOARD. There is
created a state capitol and executive residence board, attached to
the department of administration under s. 15.03, consisting of the
secretary of administration or the secretarys designee, the direc-
tor of the historical society or the directors designee, an architect
or engineer employed by the department of administration
appointed by the secretary of administration, 3 senators and 3 rep-
resentatives to the assembly appointed as are the members of
standing committees in their respective houses, and 7 citizen
members appointed for staggered 6year terms of whom at least
8
2 shall be architects registered under ch. 443, one shall be a land-
scape architect registered under ch. 443 and 3 shall be interior
designers.
(8) BOARD FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
(ag) There is created a board for people with developmental dis-
abilities, attached to the department of administration under s.
15.03.
(am) Subject to par. (cm), the board shall consist of the follow-
ing state residents, appointed for staggered 4year terms, who
shall be representative of all geographic areas of the state and
reflect the states diversity with respect to race and ethnicity:
1. A representative of each of the relevant agencies of the state
that administer federal funds related to individuals with disabili-
ties, to be designated by:
a. The secretary of workforce development.
b. The secretary of health services.
c. The state superintendent of public instruction.
2. Representatives of individuals with developmental disabil-
ities, who are any of the following:
a. Individuals with developmental disabilities.
b. Parents or guardians of children with developmental dis-
abilities.
c. Immediate relatives or guardians of adults with mentally
impairing developmental disabilities who cannot advocate for
themselves.
3. A representative of each of the following who has sufficient
authority to engage in policy planning and implementation for the
entity represented:
a. The entity in this state that is designated by the federal
department of health and human services as a university center for
excellence in developmental disabilities education, research, and
services.
b. The state protection and advocacy system under s. 51.62,
designated by the director of the state protection and advocacy
agency under s. 51.62 (2).
c. Each of the local governmental agencies, nongovernmental
agencies, and private nonprofit groups that are concerned with
services for individuals with developmental disabilities.
(bm) A member specified in par. (am) 1. or 3. shall recuse him-
self or herself from any discussion by the board of grants or con-
tracts for which the members department, agency, program, or
group is a grantee, contractor, or applicant and may not vote on a
matter that would provide direct financial benefit to the member
or otherwise give the appearance of a conflict of interest.
(cm) 1. At least 60% of the membership of the board shall be
individuals specified under par. (am) 2. who are not managing
employees, as defined under 42 USC 1320a5 (b), of an entity, or
employees of a state agency, that receives federal funds for the
developmentally disabled or uses the funds to provide services to
persons with developmental disabilities. Of those individuals,
onethird shall be individuals specified under par. (am) 2. a., one
third shall be individuals specified under par. (am) 2. b. or c., and
onethird shall be individuals specified under par. (am) 2. a., b.,
or c.
2. At least one of the individuals described under subd. 1.
shall be an individual with a developmental disability who resides
in or previously resided in an institution, including a state center
for the developmentally disabled, or the immediate relative or
guardian of such an individual. The requirement under this subdi-
vision does not apply if such an individual does not reside in this
state.
(10) BOARD ON AGING AND LONGTERM CARE. There is created
a board on aging and longterm care, attached to the department
of administration under s. 15.03. The board shall consist of 7
members appointed for staggered 5year terms. Members shall
have demonstrated a continuing interest in the problems of pro-
viding longterm care for the aged or disabled. At least 4 mem-
bers shall be public members with no interest in or affiliation with
any nursing home.
(12) WASTE FACILITY SITING BOARD. (a) Creation; member-
ship. There is created a waste facility siting board, attached to the
department of administration under s. 15.03, consisting of the fol-
lowing members:
1. The secretary of transportation, the secretary of agriculture,
trade and consumer protection and the secretary of safety and pro-
fessional services or their formally appointed designees.
2. Two town officials.
3. One county official.
(b) Terms. The town officials and the county official shall be
appointed for staggered 3year terms.
(c) Vacancies. If a town or county official who is a member
leaves office while serving on the board, the members position on
the board is considered vacant until a successor is appointed under
s. 15.07 (1) (b).
(d) Recommendations. In appointing the town officials and
county official to be members under this subsection, the governor
shall consider recommendations made by the Wisconsin towns
association and the Wisconsin Counties Association if these rec-
ommendations are submitted within 60 days after a town official
or county official position on the board becomes vacant.
(e) Executive director. The board shall appoint an executive
director under or outside of the classified service.
(f) Assistance. The board may contract with any state agency
to provide assistance necessary for the board to fulfill its duties.
(19) OFFICE OF JUSTICE ASSISTANCE. There is created an office
of justice assistance which is attached to the department of admin-
istration under s. 15.03. The executive staff director of the office
shall be appointed by the governor to serve at the pleasure of the
governor.
(22) STATE USE BOARD. There is created a state use board
which is attached to the department of administration under s.
15.03. The board shall consist of 8 members appointed to serve
for 4year terms, including a representative of the department of
administration; a representative of the subunit of the department
of health services which administers mental health laws; a repre-
sentative of the subunit of the department of workforce develop-
ment which administers vocational rehabilitation laws; 2 repre-
sentatives of private businesses, one of whom shall represent a
small business; one representative of a work center, as defined in
s. 16.752; and one member who does not represent any of the fore-
going entities. A member vacates his or her office if the member
loses the status upon which his or her appointment is based. In this
subsection, small business means an independently owned and
operated business which is not dominant in its field and which has
had less than $2,500,000 in gross annual sales for each of the 2
previous calendar years or has 25 or fewer employees.
(23) INCORPORATION REVIEW BOARD. (a) There is created an
incorporation review board attached to the department of admin-
istration under s. 15.03. The board shall consist of the secretary
of administration or his or her designee, 2 members appointed by
the Wisconsin Towns Association, one member appointed by the
League of Wisconsin Municipalities, and one member appointed
by the Wisconsin Alliance of Cities. Members serve at the plea-
sure of the appointing authority. All members of the board, other
than the secretary of administration or his or her designee, serve
only in an advisory capacity.
(b) No member of the incorporation review board may review
a petition referred to the board under s. 66.0203 (8) (b) if any of
the following applies:
1. The member owns property in, or resides in, the town that
is the subject of the incorporation petition.
2. The member owns property in, or resides in, a city or village
that is contiguous to the town that is the subject of the incorpora-
tion petition.
9
(c) If the secretary of administration is affected by par. (b), he
or she shall appoint a designee who is not so affected to review the
petition. If any other member of the board is affected by par. (b),
that persons appointing authority shall remove that person from
the board and shall appoint another member to review the petition
who is not so affected.
(24) NATIONAL AND COMMUNITY SERVICE BOARD. (a) Cre-
ation. There is created a national and community service board
which is attached to the department of administration under s.
15.03.
(b) Membership. The national and community service board
shall consist of the voting members described in par. (c) and the
nonvoting members described in par. (d), appointed for 3year
terms.
(c) Voting members. The national and community service
board shall include as voting members the following members:
1. At least one member who has expertise in the educational,
training and developmental needs of youth, particularly of disad-
vantaged youth.
2. At least one member who has experience in promoting vol-
untarism among older adults.
3. At least one member who is a representative of private non-
profit organizations that are representative of a community, or a
significant segment of a community, and that are engaged in meet-
ing the human, educational, environmental or public safety needs
of that community.
4. The state superintendent of public instruction or his or her
designee.
4m. The secretary of administration or his or her designee.
5. At least one member who is a representative of a school
board or of a county, city, village or town government.
6. At least one member who is a representative of organized
labor.
7. At least one member who is a representative of the business
community.
8. At least one member who is at least 16 years of age and not
more than 25 years of age and who is a participant or a supervisor
in a national service program described in 42 USC 12572 (a).
9. At least one member who is a representative of a national
service program described in 42 USC 12572 (a).
10. If less than 16 members are appointed under subds. 1. to
9., a sufficient number of members to bring the total number of
voting members to 16.
(d) Nonvoting members. In addition to the voting members
specified in par. (c), the national and community service board
shall include as a nonvoting member the state representative of the
corporation for national and community service designated under
42 USC 12651f, and may include as nonvoting members such rep-
resentatives of state agencies providing community services,
youth services, educational services, social services, services for
the aging and job training programs as the governor may appoint.
(e) Membership limitations. No more than 4 of the voting
members of the national and community service board may be
state officers or employees. No more than 9 of the voting mem-
bers of the national and community service board may belong to
the same political party. In appointing members to the national
and community service board, the governor shall ensure, to the
maximum extent practicable, that the membership of the board is
diverse with respect to race, national origin, age, sex and disabil-
ity.
(25m) COLLEGE SAVINGS PROGRAM BOARD. There is created a
college savings program board that is attached to the department
of administration under s. 15.03 and that consists of all of the fol-
lowing members:
(a) The secretary of administration or his or her designee.
(b) The president of the board of regents of the University of
Wisconsin System or his or her designee.
(c) The president of the Wisconsin Association of Independent
Colleges and Universities or his or her designee.
(d) The chairperson of the investment board or his or her desig-
nee.
(e) The president of the technical college system board or his
or her designee.
(f) Six other members, appointed for 4year terms.
(26) VOLUNTEER FIRE FIGHTER AND EMERGENCY MEDICAL
TECHNICIAN SERVICE AWARD BOARD. (a) There is created a volun-
teer fire fighter and emergency medical technician service award
board that is attached to the department of administration under s.
15.03. The board shall consist of the secretary of administration
or his or her designee and the following members appointed for
3year terms:
1. One member who is volunteer fire fighter and who is a
member of a statewide organization that represents fire chiefs.
2. One member who is volunteer fire fighter and who is a
member of a statewide organization that represents volunteer fire
fighters.
3. One member who is a volunteer emergency medical techni-
cian
4. Three members who represent municipalities that operate
volunteer fire departments or that contract with volunteer fire
companies organized under ch. 181 or 213.
5. One member who has experience in financial planning.
(b) In appointing the members under par. (a), the governor
shall seek to appoint members from different regions of the state
and from municipalities of different sizes.
(28) INFORMATION TECHNOLOGY MANAGEMENT BOARD. There
is created an information technology management board that is
attached to the department of administration under s. 15.03. The
board shall consist of the governor, the cochairpersons of the joint
committee on information policy and technology or a member of
the legislature from the same house as a cochairperson designated
by that cochairperson, one member of the minority party in each
house of the legislature, appointed in the same manner as mem-
bers of standing committees are appointed, 2 heads of depart-
ments or independent agencies appointed to serve at the pleasure
of the governor, 2 other members appointed to serve for 4year
terms, and the secretary of administration or his or her designee.
(29) OFFICE OF STATE EMPLOYMENT RELATIONS. (a) Creation.
There is created an office of state employment relations which is
attached to the department of administration under s. 15.03 under
the direction and supervision of a director. The director shall serve
at the pleasure of the governor.
(b) Same; specified divisions. 1. Division of merit recruit-
ment and selection. There is created in the office of state employ-
ment relations a division of merit recruitment and selection. The
administrator of the division of merit recruitment and selection
sent of the senate appointed for a 5year term, under the unclassi-
fied service from a register of at least 5 names certified to the gov-
ernor by the director of the office of state employment relations.
The director of the office of state employment relations shall pre-
pare and conduct an examination for the position of administrator
according to the requirements for classified positions under
subch. II of ch. 230. The administrator of the division may be
renominated by the governor, and with the advice and consent of
the senate reappointed.
(c) Same; attached board. 1. State employees suggestion
board. There is created in the office of state employment rela-
tions a state employees suggestion board consisting of 3 persons,
at least one of whom shall be a state officer or employee,
appointed for 4year terms.
(d) Same; council. 1. Council on affirmative action. a.
There is created in the office of state employment relations a coun-
cil on affirmative action consisting of 15 members appointed for
3year terms. A majority of members shall be public members
10
and a majority of members shall be minority persons, women, or
persons with disabilities, appointed with consideration to the
appropriate representation of each group.
b. The president of the senate, the speaker of the assembly, the
minority leader of the senate, and the minority leader of the assem-
bly each shall appoint one member and the remaining members
shall be appointed by the governor.
(32) OFFICE OF BUSINESS DEVELOPMENT. There is created an
office of business development which is attached to the depart-
ment of administration under s. 15.03. The office shall be under
the direction and supervision of a director who shall be appointed
by the governor to serve at his or her pleasure.
(33) SMALL BUSINESS REGULATORY REVIEW BOARD. There is
created a small business regulatory review board, attached to the
department of administration under s. 15.03. The board shall con-
sist of 7 representatives of small businesses, as defined in s.
227.114 (1), who shall be appointed for 3year terms, and the
chairpersons of one senate and one assembly committee con-
cerned with small businesses, appointed as are members of stand-
ing committees.
History: 1971 c. 40, 164, 270; 1973 c. 90, 333; 1975 c. 397; 1977 c. 29 s. 1649;
1977 c. 196 ss. 9, 10; 1977 c. 325, 392, 396, 418, 447; 1981 c. 20, 62, 182, 350, 374;
1983 a. 27, 91; 1983 a. 192 s. 303 (7); 1983 a. 371; 1985 a. 29 ss. 68 to 70, 87, 3202
(27); 1985 a. 180 s. 30m; 1987 a. 27, 142; 1987 a. 147 s. 25; 1987 a. 204, 342; 1989
a. 31, 56, 107, 345; 1991 a. 212, 269; 1993 a. 75, 246, 349, 437, 465, 491; 1995 a.
27 ss. 79 to 118p, 9116 (5), 9126 (19); 1995 a. 221, 225; 1997 a. 3; 1997 a. 27 ss. 51
to 53, 9456 (3m); 1997 a. 247; 1999 a. 9, 105, 185; 2001 a. 16 ss. 139, 174, 109; 2003
a. 33 ss. 87s to 97d, 115, 2811, 9160; 2003 a. 48 ss. 10, 11; 2003 a. 171; 2003 a. 206
s. 23; 2005 a. 25 ss. 47, 48, 2493; 2005 a. 253; 2007 a. 20 ss. 35 to 35p, 52b, 9121
(6) (a); 2011 a. 32 ss. 74, 92 to 96, 109; 2011 a. 46 s. 1.
15.107 Same; councils. (2) COUNCIL ON SMALL BUSINESS,
VETERANOWNED BUSINESS AND MINORITY BUSINESS OPPORTUNI-
TIES. There is created in the department of administration a coun-
cil on small business, veteranowned business and minority busi-
ness opportunities consisting of 13 members, appointed by the
secretary of administration for 3year terms, with representation
as follows: at least 2 shall be owners or employees of small busi-
nesses at least 51% owned by one or more members of a racial
minority group; at least one shall be an owner or employee of a
small business at least 51% owned by one or more handicapped
persons; at least one shall be an owner or employee of a small busi-
ness operated on a nonprofit basis for the rehabilitation of disabled
persons; at least 2 shall be owners or employees of veteranowned
businesses, as defined in s. 16.75 (4) (d); at least one shall be a rep-
resentative of the department of safety and professional services;
and at least one shall be a consumer member. No member may
serve for more than 2 consecutive full terms. The secretary of
administration, or a department employee who is the secretarys
designee, shall serve as the councils nonvoting secretary.
(5) ACID DEPOSITION RESEARCH COUNCIL. (a) There is created
in the department of administration an acid deposition research
council consisting of the following members:
1. The secretary of administration or his or her designee.
2. The chairperson of the public service commission or his or
her designee.
3. The secretary of natural resources or his or her designee.
4. A representative of the University of Wisconsin System
appointed by the secretary of administration.
5. A representative of a major utility, as defined under s.
285.41 (1) (f), appointed by the secretary of administration.
6. A representative of an industry which is a large source, as
defined under s. 285.45 (1) (a), appointed by the secretary of
administration.
7. A representative of an environmental organization in this
state, appointed by the secretary of administration.
(b) Members of the council appointed under par. (a) 4. to 7.
shall serve at the pleasure of the secretary.
(c) The council shall perform the functions specified under s.
16.02.
(6) ELECTRONIC RECORDING COUNCIL. (a) There is created an
electronic recording council which is attached to the department
of administration under s. 15.03.
(b) The council shall be composed of the following members
appointed for 3year terms:
1. Four members who are registers of deeds in this state,
except that one or more members under this subdivision may be
persons who are not currently registers of deeds but who held that
office for at least 5 years.
2. One member who represents an association of title insur-
ance companies.
3. One member who represents an association of bankers.
4. One member who represents attorneys who practice real
property law.
(11) WOMENS COUNCIL. (a) Creation. There is created a
womens council which is attached to the department of adminis-
tration under s. 15.03. The council shall consist of 15 members.
Except as provided in par. (c), all members shall be appointed for
staggered 2year terms.
(b) Membership. The council consists of the following mem-
bers:
1. The governor, or his or her designee.
2. Six public members appointed by the governor, one of
whom the governor shall designate as chairperson.
3. Two public members appointed by the president of the sen-
ate.
4. Two public members appointed by the speaker of the
assembly.
5. Two members of the senate, appointed in the same manner
as members of standing committees are appointed.
6. Two members of the assembly, appointed in the same man-
ner as members of standing committees are appointed.
(c) Assembly members and governors terms. Each member
of the assembly serving on the council shall serve for the period
of his or her term in office. The governor or his or her designee
serving on the council under par. (b) 1. shall serve a 4year term.
(12) CERTIFICATION STANDARDS REVIEW COUNCIL. (a) Cre-
ation. There is created in the department of administration a certi-
fication standards review council consisting of 9 members.
(b) Membership. 1. The secretary of administration shall
appoint 8 members as follows:
a. One member to represent municipalities having wastewa-
ter treatment plants with average flows of more than 5,000,000
gallons per day.
b. One member to represent municipalities having wastewa-
ter treatment plants with average flows of less than 5,000,000 gal-
lons per day.
c. One member to represent industrial laboratories with per-
mits issued under ch. 283.
d. One member to represent commercial laboratories.
e. One member to represent public water utilities.
f. One member to represent solid and hazardous waste dis-
posal facilities.
g. One member with a demonstrated interest in laboratory
certification.
h. One member who is a farmer actively engaged in livestock
production to represent agricultural interests.
2. The chancellor of the University of WisconsinMadison
shall appoint one member to represent the state laboratory of
hygiene.
(c) Terms. Members of the council shall serve for 3year
terms. A person may not serve more than 2 consecutive terms on
the council.
(17) COUNCIL ON UTILITY PUBLIC BENEFITS. There is created a
council on utility public benefits that is attached to the department
11
of administration under s. 15.03. The council shall consist of the
following members appointed for 3year terms:
(a) Two members appointed by the governor.
(b) Two members appointed by the senate majority leader.
(c) One member appointed by the senate minority leader.
(d) Two members appointed by the speaker of the assembly.
(e) One member appointed by the assembly minority leader.
(f) One member appointed by the secretary of natural
resources.
(g) One member appointed by the secretary of administration.
(h) One member appointed by the chairperson of the public
service commission.
(18) INTEROPERABILITY COUNCIL. (a) There is created an inter-
operability council, attached to the department of administration
under s. 15.03.
(b) The council consists of all of the following:
1. The executive director of the office of justice assistance, the
adjutant general, the secretary of natural resources, the secretary
of transportation, and a representative from the department of
administration with knowledge of information technology, or
their designees.
2. Ten members appointed by the governor for staggered
4year terms, including a chief of police, a sheriff, a chief of a fire
department, a director of emergency medical services, a local gov-
ernment elected official, a local emergency management director,
a representative of a federally recognized American Indian tribe
or band in this state, a hospital representative, a local health
department representative, and one other person with relevant
experience or expertise in interoperable communications.
(c) The governor shall designate a member of the council as
the chairperson and a member as the vice chairperson.
History: 1971 c. 215; 1973 c. 90; 1977 c. 29, 419; 1979 c. 34; 1979 c. 361 s. 112;
1981 c. 20, 62, 237; 1983 a. 27, 393, 410; 1985 a. 29, 84; 1987 a. 27, 142; 1989 a.
31; 1991 a. 32 s. 17; 1991 a. 39, 170, 269; 1995 a. 27, ss. 119, 120 and 9116 (5); 1995
a. 227, 433, 442; 1997 a. 27, 35, 231; 1999 a. 9; 2001 a. 16, 38; 2003 a. 33; 2005 a.
228, 253, 421; 2007 a. 79; 2011 a. 32, 257.
15.13 Department of agriculture, trade and consumer
protection; creation. There is created a department of agricul-
ture, trade and consumer protection under the direction and super-
vision of the board of agriculture, trade and consumer protection.
The board shall consist of 7 members with an agricultural back-
ground and 2 members who are consumer representatives,
appointed for staggered 6year terms. Appointments to the board
shall be made without regard to party affiliation, residence or
interest in any special organized group.
History: 1977 c. 29; 1995 a. 27; 1997 a. 27.
(1) LIVESTOCK FACILITY SITING REVIEW BOARD. (a) There is
created a livestock facility siting review board which is attached
to the department of agriculture, trade and consumer protection
under s. 15.03. The board consists of the following members:
1. A member representing the interests of towns, selected
from a list of names submitted by the Wisconsin Towns Associa-
tion.
2. A member representing the interests of counties, selected
from a list of names submitted by the Wisconsin Counties Associ-
ation.
3. A member representing environmental interests, selected
from a list of names submitted by environmental organizations.
4. A member representing livestock farming interests,
selected from a list of names submitted by statewide agricultural
organizations.
5. Three other members.
(b) The members under par. (a) shall be nominated by the sec-
retary of agriculture, trade and consumer protection, and with the
advice and consent of the senate appointed, for 5year terms.
(4) LAND AND WATER CONSERVATION BOARD. (am) Creation.
There is created a land and water conservation board which is
attached to the department of agriculture, trade and consumer
protection under s. 15.03.
(b) Members. The board consists of all of the following mem-
bers:
1. The secretaries of administration, natural resources, and
agriculture, trade and consumer protection or their designees.
2. Three members of county land conservation committees
designated biennially by the county land conservation committees
at their annual meeting in evennumbered years, appointed for
2year terms.
2m. One representative appointed for a 2year term.
3. Four other members appointed for staggered 4year terms.
One of those members shall be a resident of a city with a popula-
tion of 50,000 or more, one shall represent a governmental unit
involved in river management, one shall be a farmer and one shall
be a member of a charitable corporation, charitable association or
charitable trust, the purpose or powers of which include protecting
natural resources, including scenic or open space, and maintain-
ing or enhancing air or water quality.
(c) Advisory members. The board shall invite:
1. The U.S. secretary of agriculture to appoint a representa-
tive of the natural resources conservation service and a representa-
tive of the farm service agency to serve as advisory members of
the board.
2. The dean of the College of Agricultural and Life Sciences
of the University of WisconsinMadison and the director of the
University of WisconsinExtension to serve or appoint a person
to serve as an advisory member of the board.
3. The staff of the county land conservation committees
employed under s. 92.09 to designate jointly a person to serve as
an advisory member of the board.
(d) Vacancies. If one or more of the county land conservation
committee member positions on the board is vacant, the chairper-
son may call a special meeting of the committees to fill the vacan-
cies, but vacancies may be filled only if a majority of the commit-
tees are represented at the special meeting.
History: 1971 c. 125; 1973 c. 299; 1977 c. 29 ss. 32d, 33, 1650m (2), (4); 1979
c. 361 s. 112; 1981 c. 305, 346; 1983 a. 27; 1985 a. 20, 29, 153; 1987 a. 27, 281; 1989
a. 31, 219; 1991 a. 39; 1993 a. 16; 1995 a. 27; 1997 a. 27, 111; 2003 a. 235; 2005 a.
149.
15.137 Same; councils. (1) AGRICULTURAL PRODUCER
SECURITY COUNCIL. (a) There is created in the department of agri-
culture, trade and consumer protection an agricultural producer
security council consisting of the following members appointed
by the secretary of agriculture for 3year terms:
1. One person representing the Farmers Educational and
Cooperative Union of America, Wisconsin Division.
2. One person representing the Midwest Food Processors
Association, Inc.
3. One person representing the National Farmers Organiza-
tion, Inc.
4. One person representing the Wisconsin AgriService
Association, Inc.
5. One person representing the Wisconsin Cheese Makers
Association.
6. One person representing both the Wisconsin Corn Growers
Association, Inc., and the Wisconsin Soybean Association, Inc.
7. One person representing the Wisconsin Dairy Products
Association, Inc.
8. One person representing the Wisconsin Farm Bureau Fed-
eration.
9. One person representing the Wisconsin Federation of
Cooperatives.
10. One person representing the Wisconsin Potato and Vege-
table Growers Association, Inc.
12
(b) Each organization identified in par. (a) shall nominate 2
persons to represent that organization on the agricultural producer
security council. The secretary of agriculture, trade and consumer
protection shall appoint members from among the nominees.
(2) AGRICULTURAL EDUCATION AND WORKFORCE DEVELOPMENT
COUNCIL. (a) There is created in the department of agriculture,
trade and consumer protection an agricultural education and
workforce development council consisting of the following mem-
bers:
1. The secretary of agriculture, trade and consumer protection
or his or her designee.
2. The state superintendent of public instruction or his or her
designee.
3. The secretary of workforce development or his or her
designee.
3m. The chief executive officer of the Wisconsin Economic
Development Corporation or his or her designee.
5. The president of the University of Wisconsin System or his
or her designee.
6. The director of the technical college system or his or her
designee.
7. The chancellor of the University of WisconsinExtension
8. A member chosen jointly by the dean of the College of
Agricultural and Life Sciences of the University of Wisconsin
Madison, the dean of the School of Veterinary Medicine of the
University of WisconsinMadison, the dean of the College of
Business, Industry, Life Science, and Agriculture of the Univer-
sity of WisconsinPlatteville, the dean of the College of Agricul-
ture, Food, and Environmental Sciences of the University of Wis-
consinRiver Falls, and the dean of the College of Natural
Resources of the University of WisconsinStevens Point to repre-
sent the colleges and school.
8g. A technical college district director appointed by the
director of the technical college system.
8r. A technical college dean with authority over agricultural
programs appointed by the director of the technical college sys-
tem.
9. The chairpersons of one senate standing committee and one
assembly standing committee concerned with education,
appointed as are members of standing committees.
10. The chairpersons of one senate standing committee and
one assembly standing committee concerned with agriculture,
appointed as are members of standing committees.
11. A representative of the Wisconsin Association of Agri-
cultural Educators.
12. Two representatives of general agriculture.
13. Two representatives of agribusiness.
14. A representative of environmental stewardship interests.
15. A representative of businesses related to natural
resources.
16. A representative of businesses related to plant agriculture.
17. A representative of landscaping, golf course, greenhouse,
floral, and related businesses.
18. A representative of food product and food processing
businesses.
19. A representative of businesses related to animal agricul-
ture.
20. A representative of businesses related to renewable
energy.
21. A representative of agricultural communication interests.
22. A representative of businesses providing engineering,
mechanical, electronic, and power services relating to agriculture.
23. A representative of the board of agriculture, trade and
consumer protection.
24. A teacher who teaches classes in science, vocational
technology, business, math, or a similar field.
25. A school guidance counselor.
26. A school board member.
27. A school district administrator.
(b) A person who is authorized under par. (a) 1. to 7. to appoint
a designee may only appoint a designee who is an employee or
appointive officer of the persons department or educational insti-
tution and who has sufficient authority to deploy department or
system resources and directly influence department or educa-
tional institution decision making.
(c) The secretary of agriculture, trade and consumer protection
shall appoint members of the council under par. (a) 11. to 23. to
serve for 3year terms. A member under par. (a) 11. to 23. may
not serve more than 2 consecutive terms on the council.
(cm) The superintendent of public instruction shall appoint
members of the council under par. (a) 24. to 27. to serve for 3year
terms. A member under par. (a) 24. to 27. may not serve more than
2 consecutive terms on the council.
(3) FARM TO SCHOOL COUNCIL. (a) There is created in the
department of agriculture, trade and consumer protection a farm
to school council.
(b) The secretary of agriculture, trade and consumer protection
shall appoint to the council an employee of the department and
shall appoint farmers, experts in child health, school food service
personnel, and other persons with interests in agriculture, nutri-
tion, and education.
(c) The secretary of health services shall appoint to the council
an employee of the department of health services.
(d) The superintendent of public instruction shall appoint to
the council an employee of the department of public instruction.
(5) FERTILIZER RESEARCH COUNCIL. There is created in the
department of agriculture, trade and consumer protection a fertil-
izer research council consisting of the following members:
(a) Nonvoting members. The secretary of agriculture, trade
and consumer protection, the secretary of natural resources and
the dean of the College of Agricultural and Life Sciences at the
University of WisconsinMadison, or their designees, shall serve
as nonvoting members.
(b) Voting members. 1. Six voting members shall be appointed
jointly by the secretary of the department of agriculture, trade and
consumer protection and the dean of the College of Agricultural
and Life Sciences at the University of WisconsinMadison, to
serve for 3year terms. Three of the members appointed under
this subdivision shall be industry representatives selected from a
list of candidates provided by the fertilizer industry. Three of the
members appointed under this subdivision shall represent farmers
who are crop producers.
2. One voting member shall be appointed by the secretary of
natural resources to serve for a 3year term. The member
appointed under this subdivision shall be knowledgeable about
water quality.
3. No voting member may serve more than 2 consecutive
3year terms.
(6) BIOENERGY COUNCIL. There is created a bioenergy council
which is attached to the department of agriculture, trade and con-
sumer protection under s. 15.03. The secretary of agriculture,
trade and consumer protection shall appoint the members of the
council, to serve at the pleasure of the secretary.
History: 1977 c. 29 s. 1650m (2), (4); 1977 c. 87, 216, 272, 418; 1979 c. 129; 1981
c. 57, 237; 1985 a. 184; 1987 a. 281; 1991 a. 269, 315; 1993 a. 417; 1997 a. 27; 2001
a. 16; 2007 a. 223; 2009 a. 293, 401; 2011 a. 32.
15.14 Department of corrections; creation. There is
created a department of corrections under the direction and super-
vision of the secretary of corrections.
History: 1989 a. 31.
13
15.145 Same; attached boards, commissions, and
councils. (1) PAROLE COMMISSION. There is created in the
department of corrections a parole commission consisting of 8
members. Members shall have knowledge of or experience in
corrections or criminal justice. The members shall include a
chairperson who is nominated by the governor, and with the
advice and consent of the senate appointed, for a 2year term
expiring March 1 of the oddnumbered years, subject to removal
under s. 17.07 (3m), and the remaining members in the classified
service appointed by the chairperson.
(2) PRISON INDUSTRIES BOARD. There is created a prison indus-
tries board which is attached to the department of corrections
under s. 15.03. The board shall consist of 9 members appointed
for 4year terms. Three members shall be appointed to represent
private business and industry and 3 members shall be appointed
to represent private labor organizations. One member shall be
appointed to represent each of the following:
(c) The technical college system.
(d) The department of corrections.
(f) The department of administration.
(3) INTERSTATE ADULT OFFENDER SUPERVISION BOARD. There is
created an interstate adult offender supervision board which is
attached to the department of corrections under s. 15.03. The
board shall consist of 5 members appointed for 4year terms. The
governor shall comply with the requirements of s. 304.16 (4)
when appointing members of the board. The board shall have the
powers, duties, and responsibilities set forth under s. 304.16.
(4) STATE BOARD FOR INTERSTATE JUVENILE SUPERVISION. There
is created a state board for interstate juvenile supervision, which
is attached to the department of corrections under s. 15.03. The
board shall consist of 5 members appointed for 3year terms. The
governor shall comply with the requirements of s. 938.999 (9)
when appointing members of the board. The board shall have the
powers, duties, and responsibilities set forth under s. 938.999.
(5) COUNCIL ON OFFENDER REENTRY. There is created a council
on offender reentry which is attached to the department of correc-
tions under s. 15.03, which shall have the duties, responsibilities,
and powers set forth under s. 301.095. The council shall consist
of 22 [21] members, and the appointed members shall serve for
2year terms and may be appointed for a maximum of 2 consecu-
tive terms. The chairperson of the council shall be the secretary
of corrections or the reentry director, as decided by the secretary
of corrections. The chairperson may appoint subcommittees and
the council shall meet no less frequently than 4 times per year at
a date and location to be determined by the chairperson. Members
of the council shall include the secretary of corrections, or his or
her designee; the secretary of workforce development, or his or
her designee; the secretary of health services, or his or her desig-
nee; the secretary of children and families, or his or her designee;
the secretary of transportation, or his or her designee; the attorney
general, or his or her designee; the chairperson of the parole com-
mission, or his or her designee; the state superintendent of public
instruction; the reentry director as appointed by the secretary of
corrections; a current or former judge, as appointed by the director
of state courts; an individual who has been previously convicted
of, and incarcerated for, a crime in Wisconsin, as appointed by the
secretary of corrections; and the following persons, as appointed
by the governor:
NOTE: The correct number is shown in brackets. Corrective legislation is
pending.
(a) A law enforcement officer.
(b) A representative of a crime victim rights or crime victim
services organization.
(c) A representative of a faithbased organization that is
involved with the reintegration of offenders into the community.
(d) A representative of a county department of human services.
(e) A representative of a federally recognized American Indian
tribe or band in this state.
(f) A representative of a nonprofit organization that is involved
with the reintegration of offenders into the community and that is
not a faithbased organization.
(g) A district attorney.
(h) A representative of the office of the state public defender.
(i) An academic professional in the field of criminal justice.
(j) A representative of the Wisconsin Technical College Sys-
tem.
History: 1989 a. 107 ss. 4, 5m; 1989 a. 121; 1993 a. 399; 1997 a. 27, 237; 2001
a. 16, 96; 2005 a. 234; 2009 a. 28, 276; 2011 a. 32, 38.
15.16 Department of employee trust funds; creation.
There is created a department of employee trust funds under the
direction and supervision of the employee trust funds board.
(1) EMPLOYEE TRUST FUNDS BOARD. The employee trust funds
board shall consist of the governor or the governors designee on
the group insurance board, the director of the office of state
employment relations or the directors designee and 11 persons
appointed or elected for 4year terms as follows:
(a) Four members shall be members of the teachers retirement
board, appointed by that board.
1. At least one appointee under this paragraph shall have been
appointed or elected to the board under s. 15.165 (3) (a) 1. or 2.
appointed to the board under s. 15.165 (3) (a) 4.
elected to the board under s. 15.165 (3) (a) 7.
appointed to the board under s. 15.165 (3) (a) 3. or 5.
(b) Four members shall be members of the Wisconsin retire-
ment board, appointed by that board.
appointed to the board under s. 15.165 (3) (b) 1., 2., 4., 5. or 8.
appointed to the board under s. 15.165 (3) (b) 3., 6. or 7.
appointed to the board under s. 15.165 (3) (b) 7. or 8.
(c) One member shall be a public member who is not a partici-
pant in or beneficiary of the Wisconsin retirement system, with at
least 5 years of experience in actuarial analysis, administration of
an employee benefit plan or significant administrative responsi-
bility in a major insurer. It is the intent of the legislature that the
member appointed under this paragraph shall represent the inter-
ests of the taxpayers of this state and shall not be representative of
public employee or employer interests.
(d) One member shall be an annuitant, as defined for purposes
other than life insurance under s. 40.02 (4), elected by annuitants,
as defined for purposes other than life insurance under s. 40.02 (4).
(f) One member who is a participant in the Wisconsin retire-
ment system and who is a technical college educational support
personnel employee, as defined in s. 40.02 (55g), or an educa-
tional support personnel employee, as defined in s. 40.02 (22m),
elected by participating employees meeting the same criteria.
History: 1979 c. 221; 1981 c. 96; 1991 a. 116; 1999 a. 181; 2003 a. 33 ss. 101,
9160; 2005 a. 25.
Membership requirements under sub. (1) (a) and (b) apply only at the time of
appointment. Appointees serve at pleasure of the appointing boards under sub. (1)
(a) and (b). 75 Atty. Gen. 127 (1986).
15.165 Same; attached boards. (1) BOARD MEMBERS. (a)
Any member of a board created under this section who loses the
status upon which the appointment or election was based shall
cease to be a member of the board upon appointment or election
to the board of a qualified successor.
(b) For purposes of this section, annuitants are deemed to be
employees in the last position in which they were covered by the
Wisconsin retirement system, except that annuitants may not be
elected, appointed or vote under sub. (3) (a) 1., 2., 4. or 7.
14
(2) GROUP INSURANCE BOARD. There is created in the depart-
ment of employee trust funds a group insurance board. The board
shall consist of the governor, the attorney general, the secretary of
administration, the director of the office of state employment rela-
tions, and the commissioner of insurance or their designees, and
6 persons appointed for 2year terms, of whom one shall be an
insured participant in the Wisconsin Retirement System who is
not a teacher, one shall be an insured participant in the Wisconsin
Retirement System who is a teacher, one shall be an insured partic-
ipant in the Wisconsin Retirement System who is a retired
employee, one shall be an insured employee of a local unit of gov-
ernment, and one shall be the chief executive or a member of the
governing body of a local unit of government that is a participating
employer in the Wisconsin Retirement System.
(3) RETIREMENT BOARDS. (a) Teachers retirement board.
There is created in the department of employee trust funds a teach-
ers retirement board. The board shall consist of 13 members, to
serve for staggered 5year terms. The board shall consist of the
following members:
1. Six public school teachers who are participating employees
in the Wisconsin retirement system and who are not eligible for
election under any other subdivision of this paragraph, elected by
participating employees meeting the same criteria.
2. One public school teacher from a technical college district
who is a participating employee in the Wisconsin retirement sys-
tem, elected by teacher participating employees from technical
college districts.
3. One administrator in Wisconsins public schools who is not
a classroom teacher.
4. Two University of Wisconsin System representatives who
are teacher participants in the Wisconsin retirement system. The
representatives under this subdivision shall not be from the same
campus.
5. One representative who is a member of a school board.
6. One annuitant who was a teacher participant in the Wiscon-
sin retirement system, elected by the annuitants who were teacher
participants.
7. One teacher in the city of Milwaukee who is a participating
employee in the Wisconsin retirement system, elected by the
teachers of the public schools in that city who are participating
employees.
(b) Wisconsin retirement board. There is created in the depart-
ment of employee trust funds a Wisconsin retirement board. The
board shall consist of 9 members, and board members appointed
under subds. 1. to 8. shall serve for staggered 5year terms. The
member appointed under subd. 1. shall be appointed from a list of
5 names submitted by the board of directors of the League of Wis-
consin Municipalities, and the member appointed under subd. 4.
shall be appointed from a list of 5 names submitted by the execu-
tive committee of the Wisconsin Counties Association. Each
member appointed under subds. 1., 2., and 3. shall be from a dif-
ferent county. Each member appointed under subds. 4., 5., and 6.
shall be appointed from a different county. The board shall consist
of the following members:
1. One member who is the chief executive or a member of the
governing body of a participating city or village.
2. One member who is a participating employee and the prin-
cipal finance officer of a participating city or village.
3. One member who is a participating employee of a partici-
pating city or village.
4. One member who is the chairperson or a member of the
governing body of a participating county or town.
5. One member who is a county clerk or deputy county clerk
of a participating county.
6. One member who is a participating employee of a partici-
pating local employer other than a city or village.
7. One member who is a participating state employee.
8. One member who is a public member not a participant in
or beneficiary of the Wisconsin retirement system. It is the intent
of the legislature that the members appointed under this paragraph
shall represent the interests of the taxpayers of this state and shall
not be representative of public employee or employer interests.
9. The commissioner of insurance or an experienced actuary
in the office of the commissioner designated by the commissioner.
(4) DEFERRED COMPENSATION BOARD. There is created in the
department of employee trust funds a deferred compensation
board consisting of 5 members appointed for 4year terms.
History: 1973 c. 151, 329; 1977 c. 29, 418; 1979 c. 221; 1981 c. 96; 1983 a. 192
s. 303 (7); 1983 a. 290; 1985 a. 230; 1987 a. 403; 1989 a. 31; 1993 a. 399; 1999 a.
9; 2001 a. 103; 2003 a. 33 ss. 102, 9160; 2005 a. 66; 2007 a. 20 s. 9121 (6) (a).
Public school administrators are eligible to be candidates for and to vote for teacher
representatives on the teachers retirement board. 76 Atty. Gen. 141.
15.18 Department of financial institutions. There is
created a department of financial institutions under the direction
and supervision of the secretary of financial institutions.
15.183 Same; specified divisions. (1) DIVISION OF BANK-
ING. There is created a division of banking. Prior to July 1, 2000,
the division is attached to the department of financial institutions
under s. 15.03. After June 30, 2000, the division is created in the
department of financial institutions. The administrator of the divi-
sion shall be appointed outside the classified service by the secre-
tary of financial institutions and shall serve at the pleasure of the
secretary.
(3) DIVISION OF SECURITIES. There is created a division of
securities. Prior to July 1, 2000, the division is attached to the
department of financial institutions under s. 15.03. After June 30,
2000, the division is created in the department of financial institu-
tions. The administrator of the division shall be appointed outside
the classified service by the secretary of financial institutions and
shall serve at the pleasure of the secretary.
History: 1995 a. 27; 1999 a. 9; 2003 a. 33.
15.185 Same; attached boards and offices. (1) BANK-
ING REVIEW BOARD. There is created in the department of financial
institutions a banking review board consisting of 5 persons,
appointed for staggered 5year terms. At least 3 members shall
be experienced bankers having at least 5 years experience in the
banking business. No member is qualified to act in any matter
involving a bank in which the member is an officer, director or
stockholder, or to which the member is indebted.
(3) SAVINGS INSTITUTIONS REVIEW BOARD. There is created in
the department of financial institutions a savings institutions
review board consisting of 5 members, at least 3 of whom shall
have not less than 5 years experience in the savings and loan or
savings bank business in this state, appointed for 5year terms.
(7) OFFICE OF CREDIT UNIONS. (a) Office of credit unions; cre-
ation. There is created an office of credit unions which is attached
to the department of financial institutions under s. 15.03. The
director shall be appointed by the governor to serve at the pleasure
of the governor. No person may be appointed director who has not
had at least 3 years of actual experience either in the operation of
a credit union, or serving in a credit union supervisory capacity,
or a combination of both. Notwithstanding s. 15.03, all personnel
and budget requests by the office of credit unions shall be pro-
cessed and forwarded by the department of financial institutions
without change except as requested and concurred in by the office
of credit unions.
(b) Credit union review board. There is created in the office
of credit unions a credit union review board consisting of 5 per-
sons, appointed for staggered 5year terms. All members shall
have at least 5 years experience in the operations of a credit union.
The office of credit unions may call special meetings of the review
board.
History: 1995 a. 27, ss. 135, 136, 196, 197, 201, 203, 216, 217; 1997 a. 27; 2003
a. 33.
15
15.19 Department of health services; creation. There is
created a department of health services under the direction and
supervision of the secretary of health services.
History: 1975 c. 39; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a).
(8) EMERGENCY MEDICAL SERVICES BOARD. There is created an
emergency medical services board, which is attached to the
department of health services under s. 15.03. The board shall con-
sist of 11 voting members, appointed for 3year terms, who have
an interest and expertise in emergency medical services issues,
who represent the various geographical areas of the state and who
include representatives of the various types of emergency medical
services providers. In addition to the 11 voting members, the sec-
retary of health services, the secretary of transportation, the direc-
tor of the technical college system board and the state medical
director for emergency medical services or their designees shall
serve as nonvoting members of the board.
History: 1971 c. 219; 1977 c. 29 s. 1650m (2); 1977 c. 273; 1983 a. 27; 1983 a.
109 ss. 1, 3; 1985 a. 56; 1987 a. 399; 1989 a. 102, 107; 1991 a. 250; 1993 a. 16, 168,
184, 233; 1995 a. 27 ss. 138, 139, 9126 (19); 1995 a. 225, 305; 1997 a. 27 ss. 60e to
61, 93; 1997 a. 231; 1999 a. 9; 2001 a. 16, 79; 2003 a. 33; 2005 a. 228, 319; 2007 a.
20 ss. 39 to 50, 9121 (6) (a).
15.197 Same; councils. (1) COUNCIL ON MENTAL HEALTH.
There is created in the department of health services a council on
mental health consisting of not less than 21 nor more than 25
members nominated by the secretary of health services and
appointed by the governor for 3year terms. Persons appointed
to the council on mental health shall include representatives of
groups and a proportion of members as specified in 42 USC
300x3 (c), as amended to April 2, 2008.
(2) COUNCIL ON BLINDNESS. There is created in the department
of health services a council on blindness consisting of 9 members
appointed by the secretary of health services for staggered 3year
terms. At least 7 of the persons appointed to the council shall be
blind or visually impaired, as defined in s. 47.01 (1) or (5) and
shall reflect a broad representation of blind or visually impaired
persons. All council members shall have a recognized interest in
and demonstrated knowledge of the problems of the blind or visu-
ally impaired. Council members may be persons receiving ser-
vices from the department. The council has the functions speci-
fied in s. 47.03 (9).
(4) COUNCIL ON PHYSICAL DISABILITIES. (a) Definitions. In this
subsection:
1. Major life activity means any of the following:
a. Selfcare.
b. Performance of manual tasks unrelated to gainful employ-
ment.
c. Walking.
d. Receptive and expressive language.
e. Breathing.
f. Working.
g. Participating in educational programs.
h. Mobility, other than walking.
i. Capacity for independent living.
2. Physical disability means a physical condition, including
an anatomical loss or musculoskeletal, neurological, respiratory
or cardiovascular impairment, which results from injury, disease
or congenital disorder and which significantly interferes with or
significantly limits at least one major life activity of a person.
3. Physically disabled person means an individual having
a physical disability.
(b) Creation and membership. There is created a council on
physical disabilities, attached to the department of health services
under s. 15.03. The council shall consist of all of the following:
1. The governor, or his or her designee.
3. Thirteen members, appointed for 3year terms, under the
following criteria:
a. The members shall be appointed from residents of this state
who have a demonstrated professional or personal interest in
problems of physical disability and shall be selected so as to
include a reasonably equitable representation of those communi-
ties located in the states urban and rural areas and with regard to
sex and race.
b. At least 6 members shall be physically disabled persons.
Two members may be parents, guardians or relatives of physically
disabled persons.
c. At least one member shall be a provider of services to physi-
cally disabled persons.
(c) The council has the functions specified in s. 46.29.
(8) COUNCIL FOR THE DEAF AND HARD OF HEARING. There is
created in the department of health services a council for the deaf
and hard of hearing consisting of 9 members appointed for stag-
gered 4year terms.
(12) COUNCIL ON BIRTH DEFECT PREVENTION AND SURVEIL-
LANCE. There is created in the department of health services a
council on birth defect prevention and surveillance. The council
shall consist of the following members appointed for a 4year
term by the secretary of health services:
(a) A representative of the University of Wisconsin Medical
School who has technical expertise in birth defects epidemiology.
(b) A representative from the Medical College of Wisconsin
who has technical expertise in birth defects epidemiology.
(bn) A pediatric nurse or a nurse with expertise in birth defects.
(c) A representative from the subunit of the department that is
primarily responsible for the children with special health needs
program.
(d) A representative from the subunit of the department that is
primarily responsible for early intervention services.
(e) A representative from the subunit of the department that is
primarily responsible for health statistics research and analysis.
(f) A representative of the State Medical Society of Wisconsin.
(g) A representative of the Wisconsin Health and Hospital
Association.
(h) A representative of the American Academy of Pediatrics
Wisconsin Chapter.
(i) A representative of the board for people with developmen-
tal disabilities.
(j) A representative of a nonprofit organization that has as its
primary purpose the prevention of birth defects and does not pro-
mote abortion as a method of prevention.
(k) A parent or guardian of a child with a birth defect.
(L) A representative of a local health department, as defined
in s. 250.01 (4), who is not an employee of the department of
health services.
(13) PUBLIC HEALTH COUNCIL. There is created in the depart-
ment of health services a public health council consisting of 23
members, nominated by the secretary of health services, and
appointed for 3year terms. The council shall include representa-
tives of health care consumers, health care providers, health pro-
fessions educators, local health departments and boards, federally
recognized American Indian tribes or bands in this state, public
safety agencies, and, if created by the secretary of health services
under s. 15.04 (1) (c), the public health advisory committee.
(25) TRAUMA ADVISORY COUNCIL. (a) There is created in the
department of health services a trauma advisory council. The
trauma advisory council shall consist of the following members
who have an interest and expertise in emergency medical services
and who are appointed by the secretary of health services:
1. Four physicians who represent urban and rural areas.
2. Two registered nurses, as defined in s. 146.40 (1) (f).
3. Two prehospital emergency medical services providers,
including one representative of a municipality.
4. Two representatives of a rural hospital.
5. Two representatives of an urban hospital.
16
6. One member of the emergency medical services board.
(b) In appointing the members under par. (a), the secretary of
health services shall ensure that all geographic areas of the state
are represented.
History: 1971 c. 125, 219, 255, 322, 332; 1973 c. 198, 321, 322; 1975 c. 39 ss.
46 to 52, 732 (2); 1975 c. 115, 168, 199, 200; 1977 c. 29 ss. 36, 40, 41, 42, 42c, 42g,
42k, 42p, 42t, 42x, 43, 1650m (2), (4), 1657 (18) (c); 1977 c. 160, 213, 428; 1979 c.
34, 111, 221, 320, 355; 1981 c. 20, 24; 1983 a. 27, 113, 188, 204, 435, 439, 538; 1985
a. 29; 1987 a. 27, 413; 1989 a. 31, 202; 1991 a. 32, 39, 189, 250; 1993 a. 16, 27, 98,
213, 399; 1995 a. 27 ss. 139m to 143, 9126 (19), 9130 (4); 1995 a. 225, 303, 352; 1997
a. 3, 27, 154; 1999 a. 9, 114; 2001 a. 59, 109; 2003 a. 29, 186; 2007 a. 20 ss. 40 to
50, 9121 (6) (a); 2007 a. 113; 2009 a. 180.
15.20 Department of children and families; creation.
There is created a department of children and families under the
direction and supervision of the secretary of children and families.
15.205 Same; attached boards. (4) CHILD ABUSE AND
NEGLECT PREVENTION BOARD. There is created a child abuse and
neglect prevention board which is attached to the department of
children and families under s. 15.03. The board shall consist of
20 members as follows:
(a) The governor or his or her designee.
(b) The attorney general or his or her designee.
(c) The secretary of health services or his or her designee.
(d) The state superintendent of public instruction or his or her
designee.
(dg) The secretary of corrections or his or her designee.
(dr) The secretary of children and families or his or her desig-
nee.
(e) One representative to the assembly appointed by the
speaker of the assembly or that appointed representatives desig-
nee.
(em) One representative to the assembly appointed by the
minority leader of the assembly or that appointed representatives
designee.
(f) One senator appointed by the president of the senate or that
appointed senators designee.
(fm) One senator appointed by the minority leader of the sen-
ate or that appointed senators designee.
(g) Ten public members appointed by the governor for stag-
gered 3year terms. The public members shall be appointed on
the basis of expertise, experience, leadership, or advocacy in the
prevention of child abuse and neglect.
History: 2007 a. 20 ss. 39 to 50, 66, 9121 (6) (a).
15.207 Same; councils. (16) COUNCIL ON DOMESTIC ABUSE.
There is created in the department of children and families a coun-
cil on domestic abuse. The council shall consist of 13 members
appointed for staggered 3year terms. Of those 13 members, 9
shall be nominated by the governor and appointed with the advice
and consent of the senate, and one each shall be designated by the
speaker of the assembly, the senate majority leader and the minor-
ity leader in each house of the legislature and appointed by the
governor. Persons appointed shall have a recognized interest in
and knowledge of the problems and treatment of victims of
domestic abuse.
(24) MILWAUKEE CHILD WELFARE PARTNERSHIP COUNCIL. (a)
There is created a Milwaukee child welfare partnership council,
attached to the department of children and families under s. 15.03.
The council shall consist of the following members:
1. Three members of the Milwaukee County board nominated
by the Milwaukee County executive.
2. One representative to the assembly appointed by the
speaker of the assembly.
3. One representative to the assembly appointed by the minor-
ity leader of the assembly.
4. One senator appointed by the president of the senate.
5. One senator appointed by the minority leader of the senate.
6. Ten members who are residents of this state, not less than
6 of whom shall be residents of Milwaukee County.
7. Subject to par. (d), two members who are nominated by a
childrens services network established in Milwaukee County
under s. 49.143 (2) (b) and who are residents of the geographical
area established under s. 49.143 (6) that is served by the childrens
services network.
(b) Notwithstanding s. 15.09 (2), the governor shall designate
one of the members appointed under par. (a) 6. as chairperson of
the council.
(c) The members of the council appointed under par. (a) 1., 6.
and 7. shall be appointed for 3year terms.
(d) If the department of children and families establishes more
than one geographical area in Milwaukee County under s. 49.143
(6), the childrens services networks established in Milwaukee
County under s. 49.143 (2) (b), in nominating members under par.
(a) 7., shall nominate residents of different geographical areas
established under s. 49.143 (6) and, when the term of a member
appointed under par. (a) 7. ends or if a vacancy occurs in the mem-
bership of the council under par. (a) 7., those childrens services
networks shall nominate a resident of a different geographical
area established under s. 49.143 (6) from the geographical area of
the member who is being replaced according to a rotating order of
succession determined by the childrens services networks.
History: 2007 a. 20 ss. 53 to 64, 67; 2009 a. 180 s. 13.
15.22 Department of workforce development; cre-
ation. There is created a department of workforce development
under the direction and supervision of the secretary of workforce
development.
History: 1977 c. 29; 1995 a. 27 s. 9130 (4); 1997 a. 3.
15.223 Same; specified divisions. (1) DIVISION OF EQUAL
RIGHTS. There is created in the department of workforce develop-
ment a division of equal rights.
History: 1995 a. 27 ss. 144, 9130 (4); 1997 a. 3, 27; 1999 a. 9; 2001 a. 16.
15.225 Same; attached boards and commission.
(1) LABOR AND INDUSTRY REVIEW COMMISSION. There is created
a labor and industry review commission which is attached to the
department of workforce development under s. 15.03, except the
budget of the labor and industry review commission shall be trans-
mitted by the department to the governor without change or modi-
fication by the department, unless agreed to by the labor and
industry review commission.
History: 1977 c. 29; 1995 a. 27 ss. 107 to 111, 9126 (19), 9130 (4); 1995 a. 221;
1997 a. 3; 1999 a. 9; 2001 a. 16; 2003 a. 33; 2005 a. 25.
15.227 Same; councils. (3) COUNCIL ON UNEMPLOYMENT
INSURANCE. There is created in the department of workforce
development a council on unemployment insurance appointed by
the secretary of workforce development to consist of 5 representa-
tives of employers and 5 representatives of employees appointed
to serve for 6year terms and a permanent classified employee of
the department of workforce development who shall serve as non-
voting chairperson. In making appointments to the council, the
secretary shall give due consideration to achieving balanced rep-
resentation of the industrial, commercial, construction, nonprofit
and public sectors of the states economy. One of the employer
representatives shall be an owner of a small business or a represen-
tative of an association primarily composed of small businesses.
In this subsection, small business means an independently
owned and operated business which is not dominant in its field and
which has had less than $2,000,000 in gross annual sales for each
of the previous 2 calendar years or has 25 or fewer employees. A
member vacates his or her office if the member loses the status
upon which his or her appointment is based.
(4) COUNCIL ON WORKERS COMPENSATION. There is created in
the department of workforce development a council on workers
compensation appointed by the secretary of workforce develop-
ment to consist of a designated employee of the department of
workforce development as chairperson, 5 representatives of
17
employers, and 5 representatives of employees. The secretary of
workforce development shall also appoint 3 representatives of
insurers authorized to do workers compensation insurance busi-
ness in this state as nonvoting members of the council.
(8) COUNCIL ON MIGRANT LABOR. There is created in the
department of workforce development a council on migrant labor.
Nonlegislative members shall serve for staggered 3year terms
and shall include 6 representatives of employers of migrant work-
ers and 6 representatives of migrant workers and their organiza-
tions. Two members of the senate and 2 members of the assembly
shall be appointed to act as representatives of the public. Legisla-
tive members shall be appointed as are members of standing com-
mittees and shall be equally divided between the 2 major political
parties.
(11) SELFINSURERS COUNCIL. There is created in the depart-
ment of workforce development a selfinsurers council consisting
of 5 members appointed by the secretary of workforce develop-
ment for 3year terms.
(13) WISCONSIN APPRENTICESHIP COUNCIL. (a) There is
created in the department of workforce development a Wisconsin
apprenticeship council consisting of all of the following:
1. Nine representatives of employers, appointed by the secre-
tary of workforce development.
2. Nine representatives of employees, appointed by the secre-
tary of workforce development.
3. One representative of the technical college system,
appointed by the director of the technical college system.
4. One representative of the department of public instruction,
appointed by the state superintendent of public instruction.
5. Two members who represent the public interest, appointed
by the secretary of workforce development.
6. One permanent classified employee of the department of
workforce development, appointed by the secretary of workforce
development, who shall serve as nonvoting chairperson.
(b) All members of the Wisconsin apprenticeship council shall
be persons who are familiar with apprenticeable occupations.
(17) LABOR AND MANAGEMENT COUNCIL. (a) There is created
in the department of workforce development a labor and manage-
ment council to advise the department of workforce development
about sponsoring labor and management conferences and meet-
ings and promoting positive relations between labor and manage-
ment.
(b) The council shall have 21 members, serving 5year terms,
consisting of:
1. Eight representatives of the labor community in this state.
2. Eight representatives of the management community in
this state.
3. Five nonvoting members who are public employees or offi-
cials.
History: 1971 c. 271; 1975 c. 147 s. 54; 1975 c. 404, 405; 1977 c. 17, 29, 325;
1979 c. 102, 189; 1979 c. 221 ss. 45, 46m; 1981 c. 237, 341; 1983 a. 122, 388; 1985
a. 332; 1987 a. 27, 399; 1989 a. 31, 64; 1991 a. 39, 269, 295; 1993 a. 126, 399; 1995
a. 27 ss. 152 to 165, 9126 (19), 9130 (4); 1995 a. 225; 1997 a. 3, 27, 39; 1999 a. 9,
14; 2001 a. 37; 2009 a. 291.
15.25 Department of justice; creation. There is created a
department of justice under the direction and supervision of the
attorney general.
15.253 Same; specified divisions. (2) DIVISION OF CRIMI-
NAL INVESTIGATION. There is created in the department of justice
a division of criminal investigation.
History: 1979 c. 34 s. 39; 1983 a. 192; 1985 a. 29; 1989 a. 122; 1991 a. 269; 1993
a. 16; 2003 a. 33.
15.255 Same; attached boards. (1) LAW ENFORCEMENT
STANDARDS BOARD. There is created a law enforcement standards
board which is attached to the department of justice under s. 15.03.
(a) The board shall be composed of 15 members as follows:
1. Six representatives of local law enforcement in this state
at least one of whom shall be a sheriff and at least one of whom
shall be a chief of police.
2. One district attorney holding office in this state.
3. Two representatives of local government in this state who
occupy executive or legislative posts.
4. One public member, not employed in law enforcement,
who is a citizen of this state.
5. The secretary of transportation or the secretarys designee.
6. The attorney general or a member of the attorney generals
staff designated by the attorney general.
7. The executive staff director of the office of justice assist-
ance in the department of administration.
8. The secretary of natural resources or the secretarys desig-
nee.
9. The special agent in charge of the Milwaukee office of the
federal bureau of investigation, or a member of the special agents
staff designated by the special agent, who shall act in an advisory
capacity but shall have no vote.
(b) The members of the board under par. (a) 1. to 4. shall be
appointed for staggered 4year terms, but no member shall serve
beyond the time when the member ceases to hold the office or
employment by reason of which the member was initially eligible
for appointment.
(c) Notwithstanding the provisions of any statute, ordinance,
local law or charter provision, membership on the board does not
disqualify any member from holding any other public office or
employment, or cause the forfeiture thereof.
(2) CRIME VICTIMS RIGHTS BOARD. (a) There is created a crime
victims rights board which is attached to the department of justice
under s. 15.03.
(b) The crime victims rights board shall be composed of 5
members as follows:
1. One district attorney holding office in this state.
2. One representative of local law enforcement in this state.
3. One person who is employed or contracted by a county
board of supervisors under s. 950.06 to provide services for vic-
tims and witnesses of crimes.
4. Two members, not employed in law enforcement, by a dis-
trict attorney or as specified in subd. 3., who are citizens of this
state.
(c) The members of the crime victims rights board specified
in par. (b) 2. and 3. shall be appointed by the attorney general. One
of the members specified in par. (b) 4. shall be appointed by the
crime victims council and the other member shall be appointed by
the governor. The member specified in par. (b) 1. shall be
appointed by the Wisconsin District Attorneys Association.
(d) The members of the crime victims rights board under par.
(a) shall be appointed for 4year terms, but no member shall serve
beyond the time when the member ceases to hold the office or
employment by reason of which the member was initially eligible
for appointment.
(e) Notwithstanding the provisions of any statute, ordinance,
local law or charter provision, membership on the crime victims
rights board does not disqualify any member from holding any
other public office or employment, or cause the forfeiture thereof.
History: 1971 c. 40; 1977 c. 29; 1981 c. 9; 1983 a. 27; 1987 a. 27, 403; 1991 a.
316; 1997 a. 181.
15.257 Same; councils. (2) CRIME VICTIMS COUNCIL. There
is created in the department of justice a crime victims council con-
sisting of 15 persons appointed by the attorney general for stag-
gered 3year terms. Of the 15 members, 10 shall be citizen mem-
bers, 2 shall represent organizations providing victim support
services and one each shall be representatives of law enforcement,
district attorneys and the judiciary. The citizen members shall
have demonstrated sensitivity and concern for crime victims.
18
History: 1979 c. 34, 189; 1981 c. 20; 1985 a. 29 s. 3200 (35); 1985 a. 332; 1987
a. 27; 1997 a. 27, 88.
15.31 Department of military affairs; creation. There is
created a department of military affairs under the direction and
supervision of the adjutant general who shall be appointed by the
governor for a 5year term. The adjutant general may be reap-
pointed to successive terms. Notwithstanding s. 17.28, if a
vacancy occurs in the office of the adjutant general, the governor
shall appoint a successor for a 5year term. A person must meet
all of the following requirements to be appointed as the adjutant
general:
(1) Hold the federally recognized minimum rank of full colo-
nel.
(2) Except for those qualified under sub. (4), be a current par-
ticipating member of one of the following components:
(a) The Wisconsin army national guard.
(b) The army national guard of the United States.
(c) The U.S. army reserve.
(d) The Wisconsin air national guard.
(e) The air national guard of the United States.
(f) The U.S. air force reserve.
(3) Be fully qualified to receive federal recognition at the
minimum rank of brigadier general and have successfully com-
pleted a war college course or the military equivalent acceptable
to the appropriate service.
(4) If the applicant is already a federally recognized general
officer, meet all of the following conditions:
(a) Be retired from active drilling status within the proceeding
2 years.
(b) The basis of the applicants retired status was service with
one of the service components noted in sub. (2).
(c) Be 62 years of age or less.
(d) Continue to be eligible for federal recognition as a major
general.
History: 1981 c. 35; 1983 a. 391; 1987 a. 63; 1989 a. 19; 2003 a. 25, 321.
15.313 Same; specified division. (1) DIVISION OF EMER-
GENCY MANAGEMENT. There is created in the department of mili-
tary affairs a division of emergency management. The adminis-
trator of this division shall be nominated by the governor and with
the advice and consent of the senate appointed, to serve at the plea-
sure of the governor.
History: 1989 a. 31 ss. 58, 83; 1995 a. 247.
15.34 Department of natural resources; creation.
(1) There is created a department of natural resources under the
direction and supervision of the natural resources board.
(2) (a) The natural resources board shall consist of 7 members
(b) At least 3 members of the natural resources board shall be
from the territory north, and at least 3 members of the board shall
be from the territory south, of a line running east and west through
the south limits of the city of Stevens Point.
(bg) At least one member of the natural resources board shall
have an agricultural background. The governor may request state-
wide agricultural organizations to submit recommendations for
nominees under this paragraph. The requirements of this para-
graph apply to individuals who are members of the natural
resources board on May 1, 2017, and thereafter.
(br) 1. At least 3 members of the natural resources board shall
be individuals who held an annual hunting, fishing, or trapping
license, in this state or another state, in at least 7 of the 10 years
previous to the year in which the individual is nominated, except
as provided in subd. 2. The governor may request statewide orga-
nizations that are primarily interested in supporting hunting, fish-
ing, or trapping to submit recommendations for nominees under
this paragraph. The requirements of this paragraph apply to indi-
viduals who are members of the natural resources board on May
1, 2017, and thereafter.
2. If an individual served on active duty in the U.S. armed
forces or national guard during the 10 years previous to the year
in which the individual is nominated, the number of years in which
the individual is required to have held an annual hunting, fishing,
or trapping license equals 7 minus the number of years of active
duty served during those 10 years.
(c) No person may be appointed to the natural resources board,
or remain a member of the board, who receives, or has during the
previous 2 years received, a significant portion of his or her
income directly or indirectly from holders of or applicants for per-
mits issued by the department under ch. 283, except that this para-
graph does not apply to permits issued under s. 283.33.
(d) The majority of members of the natural resources board
may not derive a significant portion of their incomes from persons
who are subject to permits or enforcement orders under ch. 285.
Each board member shall inform the governor of any significant
change in the income that he or she derives from persons who are
subject to permits or enforcement orders under ch. 285.
(e) The restrictions in pars. (c) and (d) do not apply with respect
to permits or licenses held or applied for by agencies, depart-
ments, or subdivisions of this state.
History: 1973 c. 74; 1991 a. 316; 2001 a. 16; 2011 a. 149.
15.343 Same; specified divisions. (1) DIVISION OF FOR-
ESTRY. There is created in the department of natural resources a
division of forestry.
History: 1999 a. 9.
(1) WISCONSIN WATERWAYS COMMISSION. There is created a Wis-
consin waterways commission which is attached to the depart-
ment of natural resources under s. 15.03.
(a) The commission shall be composed of 5 members
1. One resident of the Lake Superior area.
2. One resident of the Lake Michigan area.
3. One resident of the Mississippi River area.
3m. One resident of the Lake Winnebago watershed area.
4. One resident from the inland area of the state.
(b) Each member of the commission must be able to assess the
recreational water use problems in his or her geographical area of
the state.
(c) No member of the commission may receive any salary for
services performed as a commission member. Each commission
member shall be reimbursed for actual and necessary expenses
incurred while performing official duties.
(2) LAKE SUPERIOR COMMERCIAL FISHING BOARD. There is
created a Lake Superior commercial fishing board attached to the
department of natural resources under s. 15.03.
(a) The board shall be composed of 5 members who reside in
counties contiguous to Lake Superior appointed by the governor
to serve at the governors pleasure.
(b) The 5 members shall include:
1. Three licensed, active commercial fishers.
2. One licensed, active wholesale fish dealer.
3. One state citizen.
(3) LAKE MICHIGAN COMMERCIAL FISHING BOARD. There is
created a Lake Michigan commercial fishing board attached to the
department of natural resources under s. 15.03.
(a) The board shall be composed of 7 members who reside in
counties contiguous to Lake Michigan appointed by the governor
to serve at the governors pleasure.
(b) The 7 members shall include:
1. Five licensed, active commercial fishers; of these, 2 shall
represent the fisheries of southern Green Bay and 3 the fisheries
of northern Green Bay and Lake Michigan proper.
19
2. One licensed, active wholesale fish dealer.
3. One state citizen.
(6) MANAGED FOREST LAND BOARD. There is created in the
department of natural resources a managed forest land board con-
sisting of the chief state forester or his or her designee and the fol-
lowing members appointed for 3year terms:
(a) One member appointed from a list of 5 nominees submitted
by the Wisconsin Counties Association.
(b) One member appointed from a list of 5 nominees submitted
by the Wisconsin Towns Association.
(c) One member appointed from a list of 5 nominees submitted
by an association that represents the interests of counties that have
county forests within their boundaries.
(d) One member appointed from a list of 5 nominees submitted
by the council on forestry.
History: 1977 c. 274, 418, 447; 1983 a. 27, 410; 1985 a. 29; 1989 a. 31; 1995 a.
27, s. 166m; 1997 a. 27; 2001 a. 16; 2005 a. 25; 2007 a. 20.
15.347 Same; councils. (2) DRY CLEANER ENVIRONMENTAL
RESPONSE COUNCIL. There is created in the department of natural
resources a dry cleaner environmental response council consist-
ing of the following members appointed for 3year terms:
(a) One member representing dry cleaning operations with
annual gross receipts of less than $200,000.
(b) Two members representing dry cleaning operations with
annual gross receipts of at least $200,000.
(c) One member representing wholesale distributors of dry
cleaning solvent.
(d) One engineer, professional geologist, hydrologist or soil
scientist with knowledge, experience or education concerning
remediation of environmental contamination.
(e) One member representing manufacturers and sellers of dry
cleaning equipment.
(4) NATURAL AREAS PRESERVATION COUNCIL. There is created
in the department of natural resources a natural areas preservation
council consisting of the following representatives:
(a) Two from the department of natural resources, appointed
by the board of natural resources, one to serve as secretary.
(b) Four from the University of Wisconsin System, appointed
by the board of regents of the University of Wisconsin System.
(c) One from the department of public instruction, appointed
by the state superintendent of public instruction.
(d) One from the Milwaukee public museum, appointed by its
board of directors.
(e) Three appointed by the council of the Wisconsin academy
of sciences, arts and letters, at least one representing the private
colleges in this state.
(7) SNOWMOBILE RECREATIONAL COUNCIL. There is created in
the department of natural resources a snowmobile recreational
council consisting of 15 members nominated by the governor, and
with the advice and consent of the senate, appointed for staggered
3year terms. Commencing on July 1, 1972, 5 members shall be
appointed to serve for one year, 5 members for 2 years and 5 mem-
bers for 3 years. Thereafter all terms shall be for 3 years with 5
positions on the council to expire each year. At least 5 members
of the council shall be from the territory north, and at least 5 mem-
bers shall be from the territory south, of a line running east and
west through the south limits of the city of Stevens Point.
(8) SMALL BUSINESS ENVIRONMENTAL COUNCIL. There is
created in the department of natural resources a small business
environmental council consisting of the following members
(a) Three members to represent the general public who are not
owners, or representatives of owners, of small business stationary
sources, as defined in s. 285.79 (1).
(b) One member who owns a small business stationary source,
as defined in s. 285.79 (1), or who represents owners of small busi-
ness stationary sources, appointed by the president of the senate.
(c) One member who owns a small business stationary source,
ness stationary sources, appointed by the speaker of the assembly.
(d) One member who owns a small business stationary source,
ness stationary sources, appointed by the minority leader of the
senate.
(e) One member who owns a small business stationary source,
ness stationary sources, appointed by the minority leader of the
assembly.
(f) One member appointed by the secretary of natural
resources to represent the department of natural resources.
(12) METALLIC MINING COUNCIL. There is created in the
department of natural resources a metallic mining council consist-
ing of 9 persons representing a variety and balance of economic,
scientific and environmental viewpoints. Members shall be
appointed by the secretary of the department for staggered 3year
terms.
(13) GROUNDWATER COORDINATING COUNCIL. (a) Creation.
There is created a groundwater coordinating council, attached to
the department of natural resources under s. 15.03. The council
shall perform the functions specified under s. 160.50.
(b) Members. The groundwater coordinating council shall
consist of the following members:
1. The secretary of natural resources.
2. The secretary of safety and professional services.
3. The secretary of agriculture, trade and consumer protec-
tion.
4. The secretary of health services.
5. The secretary of transportation.
6. The president of the University of Wisconsin System.
7. The state geologist.
8. One person to represent the governor.
(c) Designees. Under par. (b), agency heads may appoint
designees to serve on the council, if the designee is an employee
or appointive officer of the agency who has sufficient authority to
deploy agency resources and directly influence agency decision
making.
(d) Terms. Members appointed under par. (b) 8. shall be
appointed to 4year terms.
(e) Staff. The state agencies with membership on the council
and its subcommittees shall provide adequate staff to conduct the
functions of the council.
(f) Meetings. The council shall meet at least twice each year
and may meet at other times on the call of 3 of its members. Sec-
tion 15.09 (3) does not apply to meetings of the council.
(g) Annual report. In August of each year, the council shall
submit to the head of each agency with membership on the coun-
cil, the governor and the chief clerk of each house of the legisla-
ture, for distribution to the appropriate standing committees under
s. 13.172 (3), a report which summarizes the operations and activi-
ties of the council during the fiscal year concluded on the preced-
ing June 30, describes the state of the groundwater resource and
its management and sets forth the recommendations of the coun-
cil. The annual report shall include a description of the current
groundwater quality in the state, an assessment of groundwater
management programs, information on the implementation of ch.
160 and a list and description of current and anticipated ground-
water problems. In each annual report, the council shall include
the dissents of any council member to the activities and recom-
mendations of the council.
(15) MILWAUKEE RIVER REVITALIZATION COUNCIL. (a) There
is created in the department of natural resources a Milwaukee
River revitalization council consisting of:
2. The secretary of tourism or his or her designee.
20
3. Eleven members appointed by the governor for 3year
terms.
4. At least one council member shall represent each of the
priority watersheds, as identified under s. 281.65 (4) (cm), that are
located in the Milwaukee River basin.
(b) The council shall elect its officers under s. 15.09 (2).
(d) Any member designated under par. (a) 1. or 2. or any mem-
ber appointed under par. (a) 3. who is absent from 4 consecutive
meetings vacates his or her position.
(16) STATE TRAILS COUNCIL. There is created in the department
of natural resources a state trails council consisting of 11 mem-
bers, appointed for 4year terms, who are knowledgeable in, and
who engage in one or more of, the various recreational uses of
trails.
(17) COUNCIL ON RECYCLING. (a) Creation and membership.
There is created a council on recycling, attached to the department
of natural resources under s. 15.03, consisting of 7 members
selected by the governor.
(c) Terms. Each member of the council on recycling desig-
nated under par. (a) shall serve a 4year term expiring on the date
that the next term of governor commences under s. 8.25 (4) (b) 2.
or until a successor is appointed.
(18) INVASIVE SPECIES COUNCIL. (a) There is created an inva-
sive species council, attached to the department of natural
resources under s. 15.03.
(b) The council consists of the following members:
2. The secretary of administration or his or her designee.
5. The secretary of tourism or his or her designee.
6. The secretary of transportation or his or her designee.
7. Seven other members appointed by the governor to serve
5year terms.
(c) The members appointed under par. (b) 7. shall represent
public and private interests that are affected by the presence of
invasive species in this state.
(19) COUNCIL ON FORESTRY. (a) There is created in the depart-
ment of natural resources a council of forestry consisting of:
1. The chief state forester or his or her designee.
2. One member of the senate.
3. One member of the senate.
4. One member of the assembly.
5. One member of the assembly.
6. One member who represents the interests of a forest prod-
ucts company that owns and manages large tracts of private forest
land that supply raw materials to the forest products industry.
7. One member who represents the interests of owners of non-
industrial, private forest land who manage the land to produce
ecological, economic, and social benefits.
8. One member who represents the interests of counties that
have county forests within their boundaries.
9. One member who represents the interests of the paper and
pulp industry.
10. One member who represents the interests of the lumber
industry.
11. One member who represents the interests of nonprofit
conservation organizations whose purposes include the conserva-
tion and use of forest resources.
12. One member who is a forester who engages in the practice
of providing consultation services on forestry issues.
13. One member who represents the interests of schools of
forestry within the state that have curricula in the management of
forest resources that are accredited by the Society of American
Foresters.
14. One member who represents the interests of persons who
engage in the practice of conservation education.
are members of labor unions that are affiliated with the forestry
industry.
are engaged in the practice of urban and community forestry.
are members of the Society of American Foresters.
are members of an organization of timber producers.
19. One person who represents the interests of persons who
are engaged in an industry that uses secondary wood.
20. One member who is employed by the federal department
of agriculture, forest service, who shall be a nonvoting member.
(b) Each member specified in par. (a) shall be appointed by the
governor.
(d) The governor shall annually appoint a chairperson for the
council from among its members before the first meeting of each
year, and the chairperson, at the first meeting of each year, shall
annually appoint the vice chairperson and secretary from among
the councils members. Any of these appointees may be appointed
for successive terms.
(e) The council shall meet 4 times each year and shall also meet
on the call of the chairperson of the council or on the call of a
majority of its members. Notwithstanding s. 15.09 (3), the council
shall meet at such locations within this state as may be designated
by the chairperson of the council or by a majority of its members.
(20) NONMOTORIZED RECREATION AND TRANSPORTATION
TRAILS COUNCIL. (a) There is created in the department of natural
resources a nonmotorized recreation and transportation trails
council.
(b) The governor shall appoint members of the council to serve
at the pleasure of the governor. In appointing the members of the
council, the governor shall seek geographic diversity in the mem-
bership. The governor shall appoint members who personally
undertake nonmotorized trail activities or who participate in orga-
nizations that own or maintain nonmotorized trails or that promote
nonmotorized trail activities. The governor shall appoint mem-
bers who represent as many as possible of the following groups,
or who represent persons who engage in other nonmotorized trail
activities or who have other interests related to nonmotorized trail
uses identified by the governor:
1. Persons who engage in activities on water trails.
2. Pedestrians.
3. Persons who engage in horseback riding and buggy driv-
ing.
4. Persons who engage in longdistance hiking.
5. Persons who engage in naturebased activities, such as bird
watching, nature study, hunting, and fishing.
6. Persons who engage in snow sports.
7. Persons who engage in bicycling of all forms, including
trail riding, mountain biking, commuting, and longdistance
bicycling.
8. Persons who represent local forests or parks.
9. Persons with physical disabilities who engage in nonmoto-
rized trail activities.
10. Persons who are interested in tourism promotion.
11. Persons who represent tribal lands.
(c) If any member of the council is unable to attend a meeting
of the council, the secretary of natural resources may appoint an
alternate for that meeting to ensure that the full range of nonmoto-
rized trails interests and activities is represented at the meeting.
(21) SPORTING HERITAGE COUNCIL. (a) There is created in the
department of natural resources a sporting heritage council con-
sisting of the following members:
21
1. The secretary of natural resources, or his or her designee,
who shall serve as chairperson.
2. One member, appointed by the governor.
3. Two members of the assembly, appointed by the speaker
of the assembly, who may not be members of the same political
party.
4. Two members of the senate, appointed by the senate major-
ity leader, who may not be members of the same political party.
5. Five members, appointed by the natural resources board
from nominations provided by sporting organizations that have as
their primary objective the promotion of hunting, fishing, or trap-
ping. Of the 5 members, one shall represent the interests of deer
hunters, one shall represent the interests of bear hunters, one shall
represent the interests of bird hunters, one shall represent the inter-
ests of anglers, and one shall represent the interests of furbearing
animal hunters and trappers.
6. One member, appointed by the executive committee of the
conservation congress, who is a member of the conservation con-
gress.
(b) The members of the sporting heritage council appointed
under par. (a) 2. to 6. shall be appointed for 3year terms.
(c) The sporting heritage council shall meet at least one time
each year.
History: 1971 c. 100 s. 23; 1971 c. 164, 211, 277, 307, 323; 1973 c. 12, 301, 318;
1975 c. 39, 198, 224, 412; 1977 c. 29 ss. 51, 52, 52d, 1650m (1), (4); 1977 c. 377; 1979
c. 34 ss. 39g, 39r, 2102 (39) (g), (58) (b); 1979 c. 221, 355; 1979 c. 361 s. 112; 1981
c. 346 s. 38; 1983 a. 410; 1985 a. 29 ss. 87h, 87m, 3200 (39); 1985 a. 65, 296, 332;
1987 a. 27, 186, 399; 1989 a. 11, 31, 335; 1991 a. 32, 39, 269, 302, 316; 1993 a. 16,
464; 1995 a. 27 ss. 169 to 175b, 9116 (5) and 9126 (19); 1995 a. 227; 1997 a. 27, 300;
2001 a. 109; 2005 a. 168; 2007 a. 20 s. 9121 (6) (a); 2009 a. 394; 2011 a. 32 ss. 117b,
125, 126; 2011 a. 104, 168.
15.348 Conservation congress. The conservation con-
gress shall be an independent organization of citizens of the state
and shall serve in an advisory capacity to the natural resources
board on all matters under the jurisdiction of the board. Its
records, budgets, studies and surveys shall be kept and established
in conjunction with the department of natural resources. Its
reports shall be an independent advisory opinion of such congress.
History: 1971 c. 179.
15.37 Department of public instruction; creation.
There is created a department of public instruction under the
direction and supervision of the state superintendent of public
instruction.
History: 1971 c. 125; 1995 a. 27; 1997 a. 27.
15.373 Same; specified divisions. (1) DIVISION FOR
LEARNING SUPPORT. There is created in the department of public
instruction a division for learning support.
(2) DIVISION FOR LIBRARIES AND TECHNOLOGY. There is
created in the department of public instruction a division for
libraries and technology.
History: 1983 a. 27 s. 2200 (42); 1993 a. 335; 1995 a. 27 s. 9145 (1); 1997 a. 27;
2001 a. 48; 2011 a. 158.
15.374 Same; offices. (1) OFFICE OF EDUCATIONAL
ACCOUNTABILITY. There is created an office of educational
accountability in the department of public instruction. The direc-
tor of the office shall be appointed by the state superintendent of
public instruction.
History: 1993 a. 16; 1995 a. 27; 1997 a. 27.
15.375 Same; attached boards. (2) SCHOOL DISTRICT
BOUNDARY APPEAL BOARD. There is created a school district
boundary appeal board in the department of public instruction.
The board shall consist of 12 school board members appointed by
the state superintendent of public instruction for staggered 2year
terms and the state superintendent of public instruction or his or
her designee. Four board members shall be school board members
of school districts with small enrollments, 4 board members shall
be school board members of school districts with medium enroll-
ments and 4 board members shall be school board members of
school districts with large enrollments. No 2 school board mem-
bers of the board may reside within the boundaries of the same
cooperative educational service agency.
History: 1979 c. 346; 1983 a. 27; 1989 a. 114, 299; 1991 a. 39; 1993 a. 399; 1995
a. 27 ss. 179 to 182, 9127 (1) and 9145 (1); 1997 a. 27.
Crossreference: See also s. PI 2.05, Wis. adm. code.
15.377 Same; councils. (1) BLIND AND VISUAL IMPAIRMENT
EDUCATION COUNCIL. (a) Definition. In this subsection, visually
impaired has the meaning given in s. 115.51 (4).
(b) Creation. There is created a blind and visual impairment
education council in the department of public instruction.
(c) Members. The blind and visual impairment education
council shall consist of the following members, at least one of
whom has been certified by the library of congress as a braille
transcriber, appointed by the state superintendent for 3year
terms:
1. Three parents of children who are visually impaired.
2. Three persons who are members of an organization affili-
ated with persons who are visually impaired.
3. Three licensed teachers, one of whom is a teacher of the
visually impaired, one of whom is an orientation and mobility
teacher and one of whom is a general education teacher.
4. One school board member.
5. One school district administrator.
6. One school district special education director.
7. One cooperative educational service agency representa-
tive.
8. One person who has experience in educating the visually
impaired or in educating teachers of the visually impaired and is
affiliated with an institution of higher education.
9. Three other members, at least one of whom is visually
impaired.
(2) DEAF AND HARDOFHEARING EDUCATION COUNCIL. There
is created a deaf and hardofhearing education council in the
department of public instruction. The council shall consist of the
following members, at least 3 of whom must be hearing impaired,
appointed by the state superintendent of public instruction for
3year terms:
(a) Two parents of children who are hearing impaired.
(b) One licensed teacher of pupils who are hearing impaired.
(c) One person who is licensed as a speechlanguage patholo-
gist under subch. II of ch. 459.
(d) One school district special education director.
(e) One person who is licensed as an audiologist under subch.
II of ch. 459 and whose expertise is in educational audiology.
(f) One person who is experienced in educating the hearing
impaired, or in educating teachers of the hearing impaired, and is
affiliated with an institution of higher education.
(g) One person who is an instructor in a technical college inter-
preter training program.
(h) One person employed as an educational interpreter.
(i) Three other members.
(4) COUNCIL ON SPECIAL EDUCATION. There is created in the
department of public instruction a council on special education to
advise the state superintendent of public instruction about the
unmet educational needs of children with disabilities, in develop-
ing evaluations and reporting on data to the federal department of
education, in developing plans to address findings identified in
federal monitoring reports, in developing and implementing poli-
cies relating to the coordination of services for children with dis-
abilities and on any other matters upon which the state superinten-
dent wishes the councils opinion; and to comment publicly on
any rules proposed by the department of public instruction regard-
ing the education of children with disabilities. The state superin-
tendent of public instruction shall appoint the members of the
council for 3year terms, and shall ensure that a majority of the
members are individuals with disabilities or parents of children
22
with disabilities and that the council is representative of the state
population, as determined by the state superintendent. The coun-
cil shall be composed of individuals who are involved in, or con-
cerned with, the education of children with disabilities, including
all of the following:
(a) Teachers of regular education and teachers of special
education.
(b) Representatives of institutions of higher education that
train special education and related services personnel.
(c) State and local education officials.
(d) Administrators of programs for children with disabilities.
(e) Representatives of agencies other than the department of
public instruction involved in the financing or delivery of related
services to children with disabilities.
(f) Representatives of private schools, charter schools, and
tribal schools, as defined in s. 115.001 (15m).
(g) At least one representative of a vocational, community or
business organization that provides transition services for chil-
dren with disabilities.
(h) Representatives from the department of corrections.
(i) Parents of children with disabilities.
(j) Individuals with disabilities.
(6) COUNCIL ON LIBRARY AND NETWORK DEVELOPMENT. There
is created in the department of public instruction a council on
library and network development composed of 19 members. Nine
of the members shall be library science, audiovisual and informa-
tional science professionals representative of various types of
libraries and information services, including public libraries, pub-
lic library systems, school libraries, public and private academic
libraries, special libraries and library educators. Ten of the mem-
bers shall be public members who have demonstrated an interest
in libraries or other types of information services. The members
of the council shall be appointed for 3year terms. The council
shall meet 6 times annually and shall meet also on the call of the
state superintendent of public instruction, and may meet at other
times on the call of the chairperson or a majority of its members.
(8) PROFESSIONAL STANDARDS COUNCIL FOR TEACHERS. (a)
Definition. In this subsection, labor organization means an
association of employee organizations that represents the public
policy, labor and professional interests of teachers.
(b) Creation. There is created a professional standards council
for teachers in the department of public instruction.
(c) Members. The professional standards council for teachers
shall consist of the following members, nominated by the state
superintendent of public instruction and with the advice and con-
sent of the senate appointed:
1. Two persons licensed and actively employed as elementary
school teachers in the public schools, recommended by the largest
statewide labor organization representing teachers.
2. Two persons licensed and actively employed as middle
school, junior high school or senior high school teachers in the
public schools, recommended by the largest statewide labor orga-
nization representing teachers.
3. Two persons licensed and actively employed as pupil ser-
vices professionals, as defined in s. 118.257 (1) (c), in the public
schools, recommended by the largest statewide labor organization
representing teachers.
4. One person licensed and actively employed as a special
education teacher in the public schools, recommended by the larg-
est statewide labor organization representing teachers.
5. Two other persons licensed and actively employed as
teachers in the public schools, recommended by the largest state-
wide labor organization representing teachers.
5m. One person licensed as a teacher and actively employed
in a private school, recommended by the Wisconsin Council of
Religious and Independent Schools.
6. One person actively employed as a public school district
administrator, recommended by the Wisconsin Association of
School District Administrators.
7. One person actively employed as a public school principal,
recommended by the Association of Wisconsin School Adminis-
trators.
8. One faculty member of a department or School of Educa-
tion in the University of Wisconsin System, recommended by the
president of the University of Wisconsin System.
9. One faculty member of a department or School of Educa-
tion in a private college in Wisconsin, recommended by the Wis-
consin Association of Independent Colleges and Universities.
10. One additional faculty member, appointed from the list of
persons recommended under subd. 8. or 9.
11. Two members of public school boards, recommended by
the Wisconsin Association of School Boards.
12. One person who is a parent of a child who is enrolled in
a public school.
13. One person who is a student enrolled in a teacher prepara-
tory program, located in this state, that leads to initial licensure as
a teacher.
14. One person licensed as a teacher and actively employed
in a tribal school, as defined in s. 115.001 (15m), recommended
by a federally recognized American Indian tribe or band in this
state that has a tribal school.
(d) Recommendations. For each vacancy on the council under
par. (c) 1. to 9. and 11., the entity authorized to recommend a mem-
ber shall provide the names of 3 qualified persons to the state
superintendent of public instruction.
(e) Terms. Members of the council shall serve 3year terms
except that the student appointed under par. (c) 13. shall serve a
2year term.
(f) Meetings. The council shall meet on a regular basis and at
least twice each year.
History: 1971 c. 152, 211, 292; 1973 c. 89, 220, 336; 1977 c. 29; 1979 c. 346, 347;
1985 a. 29, 177; 1987 a. 27; 1989 a. 31; 1993 a. 184, 399; 1995 a. 27 ss. 183 to 187,
9126 (19), 9145 (1); 1997 a. 27, 164, 298; 1999 a. 9, 100, 186; 2001 a. 57; 2005 a.
121; 2009 a. 302.
15.40 Department of safety and professional services;
creation. There is created a department of safety and profes-
sional services under the direction and supervision of the secretary
of safety and professional services.
History: 1971 c. 270 s. 104; 1975 c. 39; 1977 c. 29; 1977 c. 196 s. 131; 1977 c.
418 ss. 24 to 27; 2011 a. 32.
15.405 Same; attached boards and examining boards.
(1) ACCOUNTING EXAMINING BOARD. There is created an account-
ing examining board in the department of safety and professional
services. The examining board shall consist of 7 members,
appointed for staggered 4year terms. Five members shall hold
certificates as certified public accountants and be eligible for
licensure to practice in this state. Two members shall be public
members.
(1m) BUILDING INSPECTOR REVIEW BOARD. (a) There is
created a building inspector review board which is attached to the
department of safety and professional services under s. 15.03 that
consists of the following members:
1. The senate majority leader or his or her designee.
2. The speaker of the assembly or his or her designee.
3. The secretary of safety and professional services or his or
her designee.
4. A member representing building contractors and building
developers who is actively engaged in the onsite construction of
public buildings, places of employment, or onefamily and two
family dwellings.
5. A building inspector certified by the department of safety
and professional services, to inspect public buildings, places of
employment, or onefamily and twofamily dwellings.
23
(b) The members appointed under par. (a) 4. and 5. shall serve
for 5year terms.
(2) EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHI-
TECTS, PROFESSIONAL ENGINEERS, DESIGNERS AND LAND SURVEY-
ORS. There is created an examining board of architects, landscape
architects, professional engineers, designers and land surveyors in
the department of safety and professional services. Any profes-
sional member appointed to the examining board shall be regis-
tered to practice architecture, landscape architecture, professional
engineering, the design of engineering systems or land surveying
under ch. 443. The examining board shall consist of the following
members appointed for 4year terms: 3 architects, 3 landscape
architects, 3 professional engineers, 3 designers, 3 land surveyors
and 10 public members.
(a) In operation, the examining board shall be divided into an
architect section, a landscape architect section, an engineer sec-
tion, a designer section and a land surveyor section. Each section
shall consist of the 3 members of the named profession appointed
to the examining board and 2 public members appointed to the
section. The examining board shall elect its own officers, and
shall meet at least twice annually.
(b) All matters pertaining to passing upon the qualifications of
applicants for and the granting or revocation of registration, and
all other matters of interest to either the architect, landscape archi-
tect, engineer, designer or land surveyor section shall be acted
upon solely by the interested section.
(c) All matters of joint interest shall be considered by joint
meetings of all sections of the examining board or of those sec-
tions to which the problem is of interest.
(2m) EXAMINING BOARD OF PROFESSIONAL GEOLOGISTS,
HYDROLOGISTS AND SOIL SCIENTISTS. (a) There is created in the
department of safety and professional services an examining
board of professional geologists, hydrologists and soil scientists
consisting of the following members appointed for 4year terms:
1. Three members who are professional geologists licensed
under ch. 470.
2. Three members who are professional hydrologists licensed
under ch. 470.
3. Three members who are professional soil scientists
licensed under ch. 470.
4. Three public members.
(b) In operation, the examining board shall be divided into a
professional geologist section, a professional hydrologist section
and a professional soil scientist section. Each section shall consist
of the 3 members of the named profession appointed to the
examining board and one public member appointed to the section.
The examining board shall elect its own officers, and shall meet
at least twice annually.
(c) All matters pertaining to passing upon the qualifications of
applicants for and the granting or revocation of licenses, and all
other matters of interest to either the professional geologist,
hydrologist or soil scientist section shall be acted upon solely by
the interested section.
(d) All matters of joint interest shall be considered by joint
meetings of all sections of the examining board or of those sec-
tions to which the matter is of interest.
(3) AUCTIONEER BOARD. (a) There is created in the department
of safety and professional services an auctioneer board consisting
of the following members appointed for 4year terms:
1. Four members, each of whom is registered under ch. 480
as an auctioneer, or is an auction company representative, as
defined in s. 480.01 (3), of an auction company that is registered
under ch. 480 as an auction company.
(b) No member of the board may serve more than 2 terms.
(3m) CEMETERY BOARD. (a) In this subsection:
1. Business representative has the meaning given in s.
452.01 (3k).
2. Licensed cemetery authority means a cemetery authority
that is licensed under s. 440.91 (1).
(b) There is created in the department of safety and profes-
sional services a cemetery board consisting of the following mem-
bers, who shall serve 4year terms:
1. Four members, each of whom is a business representative
of a licensed cemetery authority.
2. Two public members.
(c) No member of the cemetery board may be a business repre-
sentative of a religious cemetery authority, unless the religious
cemetery is regulated by the board.
(d) No member of the cemetery board may serve more than 2
terms.
(5) CHIROPRACTIC EXAMINING BOARD. There is created a chiro-
practic examining board in the department of safety and profes-
sional services. The chiropractic examining board shall consist of
6 members, appointed for staggered 4year terms. Four members
shall be graduates from a school of chiropractic and licensed to
practice chiropractic in this state. Two members shall be public
members. No person may be appointed to the examining board
who is in any way connected with or has a financial interest in any
chiropractic school.
(5g) CONTROLLED SUBSTANCES BOARD. There is created in the
department of safety and professional services a controlled sub-
stances board consisting of the attorney general, the secretary of
health services and the secretary of agriculture, trade and con-
sumer protection, or their designees; the chairperson of the phar-
macy examining board or a designee; and one psychiatrist and one
pharmacologist appointed for 3year terms.
(6) DENTISTRY EXAMINING BOARD. There is created a dentistry
examining board in the department of safety and professional ser-
vices consisting of the following members appointed for 4year
terms:
(a) Six dentists who are licensed under ch. 447.
(b) Three dental hygienists who are licensed under ch. 447.
Notwithstanding s. 15.08 (1m) (a), the dental hygienist members
may participate in the preparation and grading of licensing
examinations for dental hygienists.
(c) Two public members.
(6m) HEARING AND SPEECH EXAMINING BOARD. There is
created a hearing and speech examining board in the department
of safety and professional services consisting of the following
members appointed for 4year terms:
(a) Three hearing instrument specialists licensed under subch.
I of ch. 459.
(b) One otolaryngologist.
(c) Two audiologists licensed under subch. II of ch. 459.
(d) Two speechlanguage pathologists licensed under subch.
II of ch. 459.
(e) Two public members. One of the public members shall be
a hearing aid user.
(7) MEDICAL EXAMINING BOARD. (a) There is created a medi-
cal examining board in the department of safety and professional
services.
(b) The medical examining board shall consist of the following
members appointed for staggered 4year terms:
1. Nine licensed doctors of medicine.
2. One licensed doctor of osteopathy.
(c) The chairperson of the injured patients and families com-
pensation fund peer review council under s. 655.275 shall serve
as a nonvoting member of the medical examining board.
(7c) MARRIAGE AND FAMILY THERAPY, PROFESSIONAL COUN-
SELING, AND SOCIAL WORK EXAMINING BOARD. (a) There is created
a marriage and family therapy, professional counseling, and social
work examining board in the department of safety and profes-
24
sional services consisting of the following members appointed for
4year terms:
1. Four social worker members who are certified or licensed
under ch. 457.
2. Three marriage and family therapist members who are
licensed under ch. 457.
3. Three professional counselor members who are licensed
under ch. 457.
4. Three public members who represent groups that promote
the interests of consumers of services provided by persons who
are certified or licensed under ch. 457.
(am) The 4 members appointed under par. (a) 1. shall consist
of the following:
1. One member who is certified under ch. 457 as an advanced
practice social worker.
2. One member who is certified under ch. 457 as an indepen-
dent social worker.
3. One member who is licensed under ch. 457 as a clinical
social worker.
4. At least one member who is employed as a social worker
by a federal, state or local governmental agency.
(b) In operation, the examining board shall be divided into a
social worker section, a marriage and family therapist section and
a professional counselor section. The social worker section shall
consist of the 4 social worker members of the examining board
and one of the public members of the examining board. The mar-
riage and family therapist section shall consist of the 3 marriage
and family therapist members of the examining board and one of
the public members of the examining board. The professional
counselor section shall consist of the 3 professional counselor
members of the examining board and one of the public members
of the examining board.
(c) All matters pertaining to granting, denying, limiting, sus-
pending, or revoking a certificate or license under ch. 457, and all
other matters of interest to either the social worker, marriage and
family therapist, or professional counselor section shall be acted
upon solely by the interested section of the examining board.
(d) All matters that the examining board determines are of joint
interest shall be considered by joint meetings of all sections of the
examining board or of those sections to which the problem is of
interest.
(e) Notwithstanding s. 15.08 (4) (a), at a joint meeting of all
sections of the examining board, a majority of the examining
board constitutes a quorum to do business only if at least 8 mem-
bers are present at the meeting. At a meeting of a section of the
examining board or a joint meeting of 2 or more of the sections of
the examining board, each member who is present has one vote,
except as provided in par. (f).
(f) At a joint meeting of the social worker section and one or
both of the other sections of the examining board, each member
who is present has one vote, except that the social worker mem-
bers each have threefourths of a vote if all 4 of those members
are present.
(7e) RADIOGRAPHY EXAMINING BOARD. There is created in the
department of safety and professional services a radiography
examining board consisting of the following 7 members
(a) Three members who practice radiography and who are
licensed under s. 462.03 (2).
(b) One member who is a physician licensed under s. 448.04
(1) (a) and certified in radiology by the American Board of Radiol-
ogy, the American Osteopathic Board of Radiology, the British
Royal College of Radiologists, or the Royal College of Physicians
and Surgeons of Canada.
(c) One member who is a radiologic physicist certified by the
American Board of Radiology.
(d) Two public members.
(7g) BOARD OF NURSING. There is created a board of nursing
in the department of safety and professional services. The board
of nursing shall consist of the following members appointed for
staggered 4year terms: 5 currently licensed registered nurses
under ch. 441; 2 currently licensed practical nurses under ch. 441;
and 2 public members. Each registered nurse member shall have
graduated from a program in professional nursing and each practi-
cal nurse member shall have graduated from a program in practi-
cal nursing accredited by the state in which the program was con-
ducted.
(7m) NURSING HOME ADMINISTRATOR EXAMINING BOARD.
There is created a nursing home administrator examining board in
the department of safety and professional services consisting of 9
members appointed for staggered 4year terms and the secretary
of health services or a designee, who shall serve as a nonvoting
member. Five members shall be nursing home administrators
licensed in this state. One member shall be a physician. One
member shall be a nurse licensed under ch. 441. Two members
shall be public members. No more than 2 members may be offi-
cials or fulltime employees of this state.
(7r) PHYSICAL THERAPY EXAMINING BOARD. There is created in
the department of safety and professional services a physical ther-
apy examining board consisting of the following members
appointed for staggered 4year terms:
(a) Three physical therapists who are licensed under subch. III
of ch. 448.
(am) One physical therapist assistant licensed under subch. III
of ch. 448.
(b) One public member.
(8) OPTOMETRY EXAMINING BOARD. There is created an optom-
etry examining board in the department of safety and professional
services. The optometry examining board shall consist of 7 mem-
bers appointed for staggered 4year terms. Five of the members
shall be licensed optometrists in this state. Two members shall be
public members.
(9) PHARMACY EXAMINING BOARD. There is created a phar-
macy examining board in the department of safety and profes-
sional services. The pharmacy examining board shall consist of
7 members appointed for staggered 4year terms. Five of the
members shall be licensed to practice pharmacy in this state. Two
members shall be public members.
(10m) PSYCHOLOGY EXAMINING BOARD. There is created in
the department of safety and professional services a psychology
examining board consisting of 6 members appointed for staggered
4year terms. Four of the members shall be psychologists
licensed in this state. Each of the psychologist members shall rep-
resent a different specialty area within the field of psychology.
Two members shall be public members.
(10r) REAL ESTATE APPRAISERS BOARD. (a) There is created a
real estate appraisers board in the department of safety and profes-
sional services consisting of the following members appointed for
4year terms:
1. Three appraisers who are certified or licensed under ch.
458.
2. One assessor, as defined in s. 458.09 (1).
(b) Of the appraiser members of the board, one shall be certi-
fied under s. 458.06 as a general appraiser, one shall be certified
under s. 458.06 as a residential appraiser and one shall be licensed
under s. 458.08 as an appraiser. No public member of the board
may be connected with or have any financial interest in an
appraisal business or in any other real estaterelated business.
Section 15.08 (1m) (am) applies to the public members of the
board. No member of the board may serve more than 2 consecu-
tive terms.
(c) Notwithstanding s. 15.07 (4), a majority of the board
constitutes a quorum to do business only if at least 2 of the mem-
25
bers present are appraiser members and at least one of the mem-
bers present is a public member.
(11m) REAL ESTATE EXAMINING BOARD. There is created a real
estate examining board in the department of safety and profes-
sional services. The real estate examining board shall consist of
7 members appointed to staggered 4year terms. Five of the mem-
bers shall be real estate brokers or salespersons licensed in this
state. Two members shall be public members. No member may
serve more than 2 terms.
(12) VETERINARY EXAMINING BOARD. There is created a veteri-
nary examining board in the department of safety and professional
services. The veterinary examining board shall consist of 8 mem-
bers appointed for staggered 4year terms. Five of the members
shall be licensed veterinarians in this state. One member shall be
a veterinary technician certified in this state. Two members shall
be public members. No member of the examining board may in
any way be financially interested in any school having a veteri-
nary department or a course of study in veterinary or animal
technology.
(16) FUNERAL DIRECTORS EXAMINING BOARD. There is created
a funeral directors examining board in the department of safety
and professional services. The funeral directors examining board
shall consist of 6 members appointed for staggered 4year terms.
Four members shall be licensed funeral directors under ch. 445 in
this state. Two members shall be public members.
(17) COSMETOLOGY EXAMINING BOARD. There is created a cos-
metology examining board in the department of safety and profes-
sional services. The cosmetology examining board shall consist
of 9 members appointed for 4year terms. Four members shall be
licensed aestheticians or cosmetologists, 2 members shall be pub-
lic members, one member shall be a representative of a private
school of cosmetology, one member shall be a representative of
a public school of cosmetology and one member shall be a
licensed electrologist. Except for the 2 members representing
schools, no member may be connected with or have any financial
interest in a cosmetology school.
History: 1973 c. 90, 156; 1975 c. 39, 86, 199, 200, 383, 422; 1977 c. 26, 29, 203;
1977 c. 418; 1979 c. 34 ss. 45, 47 to 52; 1979 c. 221, 304; 1981 c. 94 ss. 5, 9; 1981
c. 356; 1983 a. 27, 403, 485, 538; 1985 a. 340; 1987 a. 257 s. 2; 1987 a. 264, 265, 316;
1989 a. 316, 340; 1991 a. 39, 78, 160, 189, 269; 1993 a. 16, 102, 463, 465, 491; 1995
a. 27 s. 9126 (19); 1995 a. 225; 1995 a. 305 s. 1; 1995 a. 321, 417; 1997 a. 96, 252,
300; 2001 a. 16, 80; 2003 a. 111, 270; 2005 a. 25, 314; 2007 a. 20 s. 9121 (6) (a); 2009
a. 106; 2009 a. 149 s. 3; 2011 a. 32 ss. 110, 130 to 153; 2011 a. 190.
An incumbent real estate examining board member is entitled to hold over in office
until a successor is duly appointed and confirmed by the senate. The board was with-
out authority to reimburse the nominee for expenses incurred in attending a meeting
during an orientation period prior to confirmation. 63 Atty. Gen. 192.
15.406 Same; attached affiliated credentialing boards.
(2) DIETITIANS AFFILIATED CREDENTIALING BOARD. There is
created in the department of safety and professional services,
attached to the medical examining board, a dietitians affiliated
credentialing board consisting of the following members
(a) Three dietitians who are certified under subch. V of ch. 448.
(3) PODIATRY AFFILIATED CREDENTIALING BOARD. There is
created in the department of safety and professional services,
attached to the medical examining board, a podiatry affiliated cre-
dentialing board consisting of the following members appointed
for 4year terms:
(a) Three podiatrists who are licensed under subch. IV of ch.
448.
(4) ATHLETIC TRAINERS AFFILIATED CREDENTIALING BOARD.
There is created in the department of safety and professional ser-
vices, attached to the medical examining board, an athletic train-
ers affiliated credentialing board consisting of the following
(a) Four athletic trainers who are licensed under subch. VI of
ch. 448 and who have not been issued a credential in athletic train-
ing by a governmental authority in a jurisdiction outside this state.
One of the athletic trainer members may also be licensed under ch.
446 or 447 or subch. II, III or IV of ch. 448.
(b) One member who is licensed to practice medicine and sur-
gery under subch. II of ch. 448 and who has experience with ath-
letic training and sports medicine.
(c) One public member.
(5) OCCUPATIONAL THERAPISTS AFFILIATED CREDENTIALING
BOARD. There is created in the department of safety and profes-
sional services, attached to the medical examining board, an occu-
pational therapists affiliated credentialing board consisting of the
following members appointed for 4year terms:
(a) Three occupational therapists who are licensed under
subch. VII of ch. 448.
(b) Two occupational therapy assistants who are licensed
under subch. VI of ch. 448.
(c) Two public members.
(6) MASSAGE THERAPY AND BODYWORK THERAPY AFFILIATED
CREDENTIALING BOARD. (a) There is created in the department of
safety and professional services, attached to the medical examin-
ing board, a massage therapy and bodywork therapy affiliated cre-
dentialing board. The affiliated credentialing board shall consist
of the following 7 members appointed for 4year terms:
1. Six massage therapists or bodywork therapists licensed
under ch. 460 who have engaged in the practice of massage ther-
apy or bodywork therapy for at least 2 years preceding appoint-
ment. One member appointed under this subdivision shall be a
representative of a massage therapy or bodywork therapy school
approved by the educational approval board under s. 38.50. One
member appointed under this subdivision shall be a representative
of a massage therapy or bodywork therapy program offered by a
technical college in this state. No other members appointed under
this subdivision shall be directly or indirectly affiliated with a
massage therapy or bodywork therapy school or program.
2. One public member who satisfies the requirements under
s. 460.03 (2m) (b).
(b) In appointing members under par. (a), the governor shall
ensure, to the maximum extent practicable, that the membership
of the affiliated credentialing board is diverse, based on all of the
following factors:
1. Massage or bodywork therapies practiced in this state.
2. Affiliation and nonaffiliation with a professional associa-
tion for the practice of massage therapy or bodywork therapy.
3. Professional associations with which massage therapists or
bodywork therapists in this state are affiliated.
4. Practice in urban and rural areas in this state.
History: 1993 a. 107, 443; 1997 a. 75, 175; 1999 a. 9, 180; 2001 a. 70; 2009 a.
113, 149; 2009 a. 355 s. 3m; 2011 a. 32.
15.407 Same; councils. (1m) RESPIRATORY CARE PRACTI-
TIONERS EXAMINING COUNCIL. There is created a respiratory care
practitioners examining council in the department of safety and
professional services and serving the medical examining board in
an advisory capacity in the formulating of rules to be promulgated
by the medical examining board for the regulation of respiratory
care practitioners. The respiratory care practitioners examining
council shall consist of 3 certified respiratory care practitioners,
each of whom shall have engaged in the practice of respiratory
care for at least 3 years preceding appointment, one physician and
one public member. The respiratory care practitioner and physi-
cian members shall be appointed by the medical examining board.
The members of the examining council shall serve 3year terms.
Section 15.08 (1) to (4) (a) and (6) to (10) shall apply to the respira-
tory care practitioners examining council, except that members of
the examining council may serve more than 2 consecutive terms.
(2) COUNCIL ON PHYSICIAN ASSISTANTS. There is created a
council on physician assistants in the department of safety and
professional services and serving the medical examining board in
an advisory capacity. The councils membership shall consist of:
26
(b) One public member appointed by the governor for a 4year
term.
(c) Three physician assistants selected by the medical examin-
ing board for staggered 4year terms.
(d) One person who teaches physician assistants and is
selected by the medical examining board for a 4year term.
(2m) There is created a perfusionists examining council in the
department of safety and professional services and serving the
medical examining board in an advisory capacity. The council
shall consist of the following members appointed for 3year
terms:
(a) Three licensed perfusionists appointed by the medical
examining board.
(b) One physician who is a cardiothoracic surgeon or a cardio-
vascular anesthesiologist and who is appointed by the medical
examining board.
(c) One public member appointed by the governor.
(3) EXAMINING COUNCILS; BOARD OF NURSING. The following
examining councils are created in the department of safety and
professional services to serve the board of nursing in an advisory
capacity. Section 15.08 (1) to (4) (a) and (6) to (10), applies to the
examining councils.
(a) Registered nurses. There is created an examining council
on registered nurses to consist of 4 registered nurses of not less
than 3 years experience in nursing, appointed by the board of
nursing for staggered 4year terms.
(b) Practical nurses. There is created an examining council
on licensed practical nurses to consist of one registered nurse, 3
licensed practical nurses and one registered nurse who is a faculty
member of an accredited school for practical nurses, appointed by
the board of nursing for staggered 3year terms. No member may
be a member of the examining council on registered nurses.
(5) COUNCIL ON REAL ESTATE CURRICULUM AND EXAMINATIONS.
There is created in the department of safety and professional ser-
vices a council on real estate curriculum and examinations con-
sisting of 7 members appointed for 4year terms. Five members
shall be real estate brokers or salespersons licensed under ch. 452
and 2 members shall be public members. Of the real estate broker
or salesperson members, one member shall be a member of the
real estate examining board appointed by the real estate examin-
ing board, at least 2 members shall be licensed real estate brokers
with at least 5 years of experience as real estate brokers, and at
least one member shall be a licensed real estate salesperson with
at least 2 years of experience as a real estate salesperson. Of the
2 public members, at least one member shall have at least 2 years
of experience in planning or presenting real estate educational
programs. No member of the council may serve more than 2 con-
secutive terms.
(6) PHARMACIST ADVISORY COUNCIL. There is created a phar-
macist advisory council in the department of safety and profes-
sional services and serving the pharmacy examining board in an
advisory capacity. The council shall consist of the following
(a) Two pharmacists licensed under ch. 450 appointed by the
chairperson of the pharmacy examining board.
(b) One physician licensed under subch. II of ch. 448
appointed by the chairperson of the medical examining board.
(c) One nurse licensed under ch. 441 appointed by the chair-
person of the board of nursing.
(7) COUNCIL ON ANESTHESIOLOGIST ASSISTANTS; DUTIES. There
is created a council on anesthesiologist assistants in the depart-
ment of safety and professional services and serving the medical
examining board in an advisory capacity. The councils member-
ship shall consist of the following members, who shall be selected
from a list of recommended appointees submitted by the president
of the Wisconsin Society of Anesthesiologists, Inc., after the pres-
ident of the Wisconsin Society of Anesthesiologists, Inc., has con-
sidered the recommendation of the Wisconsin Academy of Anes-
thesiologist Assistants for the appointee under par. (b), and who
shall be appointed by the medical examining board for 3year
terms:
(a) One member of the medical examining board.
(b) One anesthesiologist assistant licensed under s. 448.04 (1)
(g).
(c) Two anesthesiologists.
(d) One lay member.
(8) CREMATORY AUTHORITY COUNCIL. There is created a cre-
matory authority council in the department of safety and profes-
sional services consisting of the secretary of safety and profes-
sional services or a designee of the secretary, who shall serve as
a nonvoting member, and the following persons appointed for
3year terms:
(a) Three persons licensed as funeral directors under ch. 445
who operate crematories.
(b) Three representatives of cemetery authorities, as defined
in s. 157.061 (2), who operate crematories.
(c) One public member.
(9) SIGN LANGUAGE INTERPRETER COUNCIL. (a) There is
created a sign language interpreter council in the department of
safety and professional services consisting of the secretary of
safety and professional services or a designee of the secretary and
the following 8 members nominated by the governor, and with the
advice and consent of the senate appointed, for 3year terms:
1. Five deaf or hard of hearing individuals who are or have
been clients of a sign language interpreter, at least one of whom
is a graduate of a residential school for the deaf or hard of hearing
and at least one of whom is a graduate of a private or public school
that is not a residential school for the deaf or hard of hearing.
2. Two interpreters licensed under s. 440.032, at least one of
whom holds a renewable license under s. 440.032 (3) (a).
3. One individual who is not deaf or hard of hearing and who
has obtained, or represents an entity that has obtained, sign lan-
guage interpreter services for the benefit of another who is deaf or
hard of hearing.
(b) If possible, the governor shall nominate individuals under
par. (a) 1. to 3. from diverse locations within the state.
(10) DWELLING CODE COUNCIL. (a) There is created in the
department of safety and professional services, a dwelling code
council, consisting of 11 members appointed for staggered 2year
terms. Each member shall represent at least one of the following
groups:
1. Building trade labor organizations.
2. Certified building inspectors employed by local units of
government.
3. Building contractors actively engaged in onsite construc-
tion of one and 2family housing.
4. Manufacturers, retailers, or installers of manufactured or
modular one and 2family housing.
5. Architects, engineers, or designers who are registered
under ch. 443 and who are actively engaged in the design or evalu-
ation of one and 2family housing.
6. The construction material supply industry.
7. Remodeling contractors actively engaged in the remodel-
ing of onefamily and 2family housing.
8. Persons with disabilities, as defined in s. 106.50 (1m) (g).
9. Fire prevention professionals.
(b) An employee of the department designated by the secretary
of safety and professional services shall serve as secretary, but
shall not be a member, of the council. The council shall meet at
least twice a year. Seven members of the council shall constitute
a quorum. For the purpose of conducting business a majority vote
of the council is required.
(11) CONTRACTOR CERTIFICATION COUNCIL. There is created in
the department of safety and professional services a contractor
certification council consisting of 3 members who are building
27
contractors holding certificates of financial responsibility under
s. 101.654 and who are involved in, or who have demonstrated an
interest in, continuing education for building contractors. The
members shall be appointed by the secretary of safety and profes-
sional services for 3year terms.
(12) MULTIFAMILY DWELLING CODE COUNCIL. (a) There is
created in the department of safety and professional services a
multifamily dwelling code council consisting of the following
1. Two members representing labor organizations for the
skilled building trades, each of whom is actively engaged in his or
her trade.
2. Two members representing municipal inspectors, one of
whom is actively engaged in inspections in a county whose popu-
lation is less than 50,000 and one of whom is actively engaged in
inspections in a county whose population is 50,000 or more.
3. Two members representing the fire services, each of whom
is actively engaged in fire service work and at least one of whom
is a fire chief.
4. Two members representing building contractors and build-
ing developers, each of whom is actively engaged in onsite con-
struction of multifamily housing.
5. Three members representing manufacturers of materials or
suppliers of finished products in one of 5 product categories, con-
sisting of cement products, concrete block products, gypsum
products, metal products and wood products. Each member shall
represent the manufacturers or suppliers of a different product
category, and each member appointed to a 3year term shall repre-
sent the manufacturers or suppliers of the product category that
has not been represented by any of the 3 members for the previous
2 years. Each member shall be actively engaged in the business
of manufacturing materials or supplying finished products for
multifamily housing.
6. One member representing architects, engineers and design-
ers who is actively engaged in the design or evaluation of multi-
family housing.
7. Two members representing the public, at least one of whom
is an advocate of fair housing.
(b) An employee of the department shall serve as nonvoting
secretary of the council.
(c) The council shall meet at least 2 times annually.
(d) Nine members of the council shall constitute a quorum. For
the purpose of conducting business a majority vote of the council
is required, except that at least 10 members of the council are
required to vote affirmatively to recommend changes in the stat-
utes or administrative rules.
(13) MANUFACTURED HOUSING CODE COUNCIL. (a) There is
created in the department of safety and professional services a
manufactured housing code council consisting of the following
members appointed by the secretary of safety and professional
services for 3year terms:
1. Two members representing manufacturers of manufac-
tured homes.
2. Two members representing manufactured home dealers.
3. Two members representing owners of manufactured home
communities.
4. Two members representing installers of manufactured
homes.
5. One member representing an association of the manufac-
tured housing industry in Wisconsin.
6. One member representing suppliers of materials or services
to the manufactured housing industry.
7. One member representing the public.
8. One member representing labor.
9. One member representing inspectors of manufactured
homes.
(b) The council shall meet at least twice a year. An employee
of the department designated by the secretary of the department
shall serve as nonvoting secretary of the council.
(14) CONVEYANCE SAFETY CODE COUNCIL. (a) There is created
in the department of safety and professional services a convey-
ance safety code council consisting of the following members
1. One member representing a manufacturer of elevators.
2. One member representing an elevator servicing business.
3. One member representing an architectural design or eleva-
tor consulting profession.
4. One member representing a labor organization whose
members are involved in the installation, maintenance, and repair
of elevators.
5. One member representing a city, village, town, or county
in this state.
6. One member representing an owner or manager of a build-
ing in this state containing an elevator.
7. One member representing the public.
8. A building contractor involved in commercial construction
that includes the construction or installation of conveyances, as
defined in s. 101.981 (1) (c).
9. The secretary of safety and professional services, or his or
her designee.
10. An employee of the department of safety and professional
services, designated by the secretary of safety and professional
services, who is familiar with commercial building inspections.
(b) The council shall meet at least twice a year. The employee
of the department of safety and professional services designated
by the secretary of safety and professional services under par. (a)
10. shall serve as nonvoting secretary of the council.
(16) PLUMBERS COUNCIL. There is created in the department
of safety and professional services a plumbers council consisting
of 3 members. One member shall be an employee of the depart-
ment of safety and professional services, selected by the secretary
of safety and professional services, to serve as the secretary of the
council. Two members, one a master plumber and one a journey-
man plumber, shall be appointed by the secretary of safety and
professional services for 2year terms.
(17) AUTOMATIC FIRE SPRINKLER SYSTEM CONTRACTORS AND
JOURNEYMEN COUNCIL. There is created in the department of safety
and professional services an automatic fire sprinkler system con-
tractors and journeymen council consisting of 5 members. One
member shall be an employee of the department of safety and pro-
fessional services, selected by the secretary of safety and profes-
sional services, to serve as secretary of the council. Two members
shall be licensed journeymen automatic fire sprinkler fitters and
2 members shall be persons representing licensed automatic fire
sprinkler contractors, all appointed by the secretary of safety and
professional services for staggered 4year terms.
History: 1973 c. 149; 1975 c. 39, 86, 199, 383, 422; 1977 c. 418; 1979 c. 34 ss.
46, 53; 1981 c. 390 s. 252; 1985 a. 332 s. 251 (1); 1987 a. 399; 1989 a. 229, 316, 341,
359; 1991 a. 316; 1993 a. 105, 107; 1997 a. 68, 175; 1997 a. 237 s. 727m; 1999 a. 32,
180, 186; 2001 a. 74, 89; 2005 a. 31; 2009 a. 355, 356, 360; 2011 a. 32 ss. 112 to 114,
116, 118 to 120, 159 to 166; 2011 a. 146, 160.
15.43 Department of revenue; creation. There is created
a department of revenue under the direction and supervision of the
secretary of revenue.
15.433 Same; specified divisions. (1) LOTTERY DIVISION.
There is created in the department of revenue a lottery division.
15.435 Same; attached boards. (1) INVESTMENT AND
LOCAL IMPACT FUND BOARD. (a) Creation; membership. There is
created an investment and local impact fund board, attached to the
department of revenue under s. 15.03, consisting of the following
members:
28
1. The chief executive officer of the Wisconsin Economic
Development Corporation and the secretary of revenue or their
designees.
3. Five local officials consisting of 2 municipal officials, 2
county officials, and one school board member.
4. One Native American.
(b) Terms. The public members, local officials and Native
American shall be appointed for staggered 4year terms.
(c) Vacancies. If a municipal or county official or a school
board member leaves office while serving on the board, the mem-
bers position on the board shall be considered vacant until a suc-
cessor is appointed under s. 15.07 (1) (b).
(d) Qualifications. 1. One of the public members shall reside
in a town in which a metalliferous mineral ore body is known to
exist.
2. One of the public members shall reside in a county in which
metalliferous mineral development is occurring or in an adjacent
county.
3. One of the local officials shall reside in a county or school
district in which metalliferous mineral development is occurring
or in an adjacent county or school district; and
4. One local official shall reside in a county or school district
in which metalliferous minerals are extracted or an adjacent
county or school district.
5. The Native American shall reside in a municipality in
which a metalliferous mineral ore body is known to exist.
(e) Recommendations. 1. One public member shall be recom-
mended by the town boards in towns in which a metalliferous min-
eral ore body is known to exist. Preference shall be given to the
appointment of a public member who resides in a township in
which the development of a metalliferous mineral ore body is
occurring.
2. One municipal official member shall be recommended by
the League of Wisconsin Municipalities.
3. One municipal official member shall be recommended by
the Wisconsin Towns Association.
4. The school board member shall be recommended by the
Wisconsin Association of School Boards.
5. The county official members shall be recommended by the
Wisconsin Counties Association.
6. The Native American member shall be recommended by
the Great Lakes InterTribal Council, Inc. Preference should be
given to the appointment of a Native American who resides in a
town in which the development of a metalliferous mineral ore
body is occurring.
(g) Assistance; advice. The board may request of any state
agency such assistance as may be necessary for the board to fulfill
its duties.
History: 1977 c. 31, 423; 1979 c. 63; 1979 c. 361 s. 112; 1981 c. 86, 391; 1983
a. 36 s. 96 (4); 1983 a. 192 ss. 20, 303 (7); 1985 a. 29; 1987 a. 27; 1989 a. 31; 1995
a. 27 ss. 188, 189 and 9116 (5); 1997 a. 27; 2001 a. 103; 2005 a. 149; 2011 a. 32.
15.44 Department of tourism. There is created a depart-
ment of tourism under the direction and supervision of the secre-
tary of tourism.
15.445 Same; attached boards. (1) ARTS BOARD. There
is created an arts board in the department of tourism. The arts
board shall consist of 15 members appointed for 3year terms who
are residents of this state and who are known for their concern for
the arts. At least 2 members shall be from the northwest portion
of this state, at least 2 members shall be from the northeast portion
of this state, at least 2 members shall be from the southwest portion
of this state, and at least 2 members shall be from the southeast
portion of this state.
(2) KICKAPOO RESERVE MANAGEMENT BOARD. (a) Creation.
There is created a Kickapoo reserve management board which is
attached to the department of tourism under s. 15.03.
(b) Membership. The board consists of the following members
appointed to serve for 3year terms:
1. Four members who are residents of the area composed of
the villages of La Farge and Ontario, the towns of Stark and
Whitestown and the school districts encompassing the villages of
La Farge and Ontario.
2. Two members who are residents of that portion of the Kick-
apoo River watershed, as determined by the department of natural
resources, that lies outside of the area specified in subd. 1.
3. Three members who are not residents of the watershed spe-
cified in subd. 2., one of whom shall be an advocate for the envi-
ronment, one of whom shall have a demonstrated interest in
education and one of whom shall represent recreation and tourism
interests.
5. Two members who have an interest in and knowledge of
the cultural resources within the Kickapoo River watershed.
(c) Vacancies. If any member ceases to retain the status
required for his or her appointment under par. (b), the member
vacates his or her office.
(d) Recommendations for membership. 1. The governor shall
appoint the members specified in par. (b) 1. from a list of individu-
als recommended by the governing bodies of the municipalities
and school boards of the school districts specified in par. (b) 1.
2. The governor shall appoint the members specified in par.
(b) 2. from a list of individuals recommended by the governing
bodies of each town, village and city which includes territory
located within the area specified in par. (b) 2.
2m. The governor shall appoint the members specified in par.
(b) 5. from a list of individuals recommended by the HoChunk
Nation.
3. Each municipality or school district specified in this para-
graph may recommend no more than 3 members. The HoChunk
Nation may recommend no more than 6 individuals for the mem-
bership positions under par. (b) 5. At the request of the governor,
a municipality, a school district, or the HoChunk Nation shall
recommend additional members if an individual who is recom-
mended declines to serve.
(e) Liaison representatives. The secretary of agriculture, trade
and consumer protection, the secretary of natural resources, the
secretary of transportation, the secretary of administration, the
director of the state historical society and the chancellor of the
University of WisconsinExtension, or their designees, shall
serve as liaison representatives to the board. The board may
request any federally recognized American Indian tribe or band in
this state, other than the HoChunk Nation, that expresses an
interest in the governance of the Kickapoo valley reserve to
appoint a liaison representative to the board. The liaison repre-
sentatives are not board members and have no voting power.
(3) LOWER WISCONSIN STATE RIVERWAY BOARD. (a) There is
created a lower Wisconsin state riverway board, which is attached
to the department of tourism under s. 15.03.
(b) The board shall be composed of the following members
1. One member from Crawford County.
2. One member from Dane County.
3. One member from Grant County.
4. One member from Iowa County.
5. One member from Richland County.
6. One member from Sauk County.
7. Three other members who represent recreational user
groups and who are not residents of any of the counties listed in
subds. 1. to 6.
29
(c) The governor shall appoint each member under par. (b) 1.
to 6. from a list, of at least 2 nominees, submitted by each respec-
tive county board.
(d) Each member under par. (b) 1. to 6. shall be either of the
following:
1. An elected official at the time of appointment of a city or
village that abuts the lower Wisconsin state riverway, as defined
in s. 30.40 (15), or of a town or a county that is located at least in
part in the lower Wisconsin state riverway, as defined in s. 30.40
(15).
2. A resident at the time of appointment of a city or village that
abuts the lower Wisconsin state riverway, as defined in s. 30.40
(15), or of a town that is located at least in part in the lower Wis-
consin state riverway, as defined in s. 30.40 (15).
(4) STATE FAIR PARK BOARD. (a) There is created a state fair
park board attached to the department of tourism under s. 15.03,
consisting of the following members:
1. Two representatives to the assembly, one recommended by
the speaker of the assembly and one recommended by the minor-
ity leader of the assembly.
2. Two senators, one recommended by the majority leader of
the senate and one recommended by the minority leader of the sen-
ate.
3. Five members representing business, 3 of whom have gen-
eral business experience, one of whom has experience in agricul-
ture and one of whom has experience with technology.
4. One resident of the city of West Allis.
5. One other member who is a resident of this state.
and the secretary of tourism or their designees.
(am) A secretary may designate a person under par. (a) 6. only
if the person is an employee of the department of which the secre-
tary is head.
(b) The members of the state fair park board under par. (a) 3.
to 5. shall be appointed for 5year terms.
History: 1995 a. 27 ss. 104, 114, 166m, 192, 193, 218e, 9116 (5); 1995 a. 216,
225; 1997 a. 36, 194; 1999 a. 197; 2003 a. 27; 2005 a. 396; 2009 a. 69; 2011 a. 32.
15.447 Same; councils. (1) COUNCIL ON TOURISM. There is
created in the department of tourism a council on tourism consist-
ing of 14 members serving 3year terms, and the secretary of tour-
ism or the secretarys designee, one member of the majority party
in each house and one member of the minority party in each house
appointed as are members of standing committees in their respec-
tive houses, the executive secretary of the arts board and the direc-
tor of the historical society. Nominations for appointments to the
council of members, other than ex officio members, shall be
sought from but not limited to multicounty regional associations
engaged in promoting tourism, statewide associations of busi-
nesses related to tourism, area visitor and convention bureaus, arts
organizations, chambers of commerce, the Great Lakes inter
tribal council and other agencies or organizations with knowledge
of American Indian tourism activities, and persons engaged in the
lodging, restaurant, campground, amusement establishment, rec-
reation establishment or retail liquor or fermented malt beverages
business. Nominations shall be sought from throughout this state,
to ensure that council members live in different geographical
areas of the state and that they reflect the tourism industrys diver-
sity and its distribution throughout both urban and rural areas of
the state. Each council member, other than ex officio members,
shall have experience in marketing and promotion strategy.
History: 1995 a. 27, ss. 128, 193; 1997 a. 36.
15.46 Department of transportation; creation. There is
created a department of transportation under the direction and
supervision of the secretary of transportation.
The department of transportation is entitled to sovereign immunity. It is not an
independent going concern. Canadian National Railroad v. State, 2007 WI App 179,
304 Wis. 2d 218, 736 N.W.2d 900, 062617.
15.465 Same; attached board. (2) RUSTIC ROADS BOARD.
There is created a rustic roads board in the department of trans-
portation. The rustic roads board shall consist of the following
members: the chairpersons of the senate and assembly standing
committees having jurisdiction over transportation matters as
determined by the speaker of the assembly and the president of the
senate and 8 members appointed by the secretary of transportation
for staggered 4year terms of whom at least 4 members shall be
selected from a list of nominees submitted by the Wisconsin
Counties Association.
History: 1973 c. 142; 1977 c. 29; 1979 c. 34; 1981 c. 347; 1983 a. 192 s. 303 (7);
1993 a. 16.
15.467 Same; councils. (3) COUNCIL ON HIGHWAY SAFETY.
There is created in the department of transportation a council on
highway safety. The council shall consist of 15 members, as fol-
lows:
(a) Five citizen members appointed for staggered 3year
terms.
(b) Five state officers, part of whose duties shall be related to
transportation and highway safety, appointed for staggered
3year terms.
(c) Three representatives to the assembly, appointed as are the
members of assembly standing committees, at least one of whom
serves on any assembly standing committee dealing with trans-
portation matters.
(d) Two senators, appointed as are the members of senate
standing committees, at least one of whom serves on any senate
standing committee dealing with transportation matters.
(4) COUNCIL ON UNIFORMITY OF TRAFFIC CITATIONS AND COM-
PLAINTS. There is created in the department of transportation a
council on uniformity of traffic citations and complaints. Not-
withstanding s. 15.09 (6), members of the council shall not be
reimbursed for expenses incurred in the performance of their
duties on the council. The council shall consist of the following
members:
(a) The secretary, or his or her designee, as chairperson.
(b) A member of the department of transportation responsible
for law enforcement.
(c) A member of the Wisconsin Sheriffs and Deputy Sheriffs
Association, designated by the president thereof.
(d) A member of the County Traffic Patrol Association, desig-
nated by the president thereof.
(e) A member of the Chiefs of Police Association, designated
by the president thereof.
(f) A member of the State Bar of Wisconsin, designated by the
president thereof.
(g) A member of the Wisconsin council of safety, designated
by the president thereof.
(h) A member of the Wisconsin District Attorneys Associa-
tion, designated by the president thereof.
(i) A member of the judicial conference, designated by the
chairperson of the conference.
(j) A member designated by the director of state courts.
History: 1977 c. 325; 1979 c. 34 s. 16; 1979 c. 361 s. 112; 1985 a. 145 ss. 1, 4;
1987 a. 27; 1991 a. 316; 1997 a. 27; 2001 a. 103; 2011 a. 245.
15.49 Department of veterans affairs; creation. (1) In
this section, veteran means a veteran, as defined in s. 45.01 (12)
(a) to (f), who has served on active duty, as defined in s. 45.01 (1).
(2) There is created a department of veterans affairs and a
board of veterans affairs. Except as otherwise provided by law,
the department shall be under the direction and supervision of the
secretary of veterans affairs, who shall be a veteran. The board
shall consist of 9 members all of whom shall be veterans. The
members shall be appointed for staggered 4year terms. The
board shall be composed so that for each congressional district in
the state there is at least one member of the board who is a resident
of that district. If a member ceases to reside within the boundaries
30
of the congressional district where he or she resided as that district
existed at the time that members current term began, the member
vacates his or her office.
History: 1975 c. 77; 1981 c. 199; 1991 a. 165; 2011 a. 36.
15.497 Same; councils. (2) COUNCIL ON VETERANS PRO-
GRAMS. There is created in the department of veterans affairs a
council on veterans programs consisting of all of the following
representatives appointed for oneyear terms by the organization
that each member represents:
(a) One representative each of the state departments of the
American Legion, the Disabled American Veterans, the Veterans
of Foreign Wars, the Marine Corps League, the Navy Club of the
U.S.A., the Veterans of World War II (AMVETS), the American
Exprisoners of War, the Vietnam Veterans Against the War, Inc.,
the Vietnam Veterans of America, Inc., the Catholic War Veterans
of the U.S.A., the Jewish War Veterans of the U.S.A., the Polish
Legion of American Veterans, the National Association for Black
Veterans, Inc., the Army and Navy Union of the United States of
America, the Wisconsin Association of Concerned Veteran Orga-
nizations, the United Women Veterans, Inc., the U.S. Submarine
Veterans of World War II, the Wisconsin Vietnam Veterans, Inc.,
and the Military Order of the Purple Heart.
(b) One representative of the American Red Cross.
(c) One representative of the Wisconsin county veterans ser-
vice officers.
(d) One representative of the Wisconsin chapter of the Para-
lyzed Veterans of America.
(e) One representative of the Wisconsin Council of the Mili-
tary Officers Association of America.
(f) One representative of The Retired Enlisted Association.
(g) One representative of the Wisconsin American GI Forum.
(h) One representative of the Blinded Veterans Association of
Wisconsin.
History: 1973 c. 90, 333; 1975 c. 316; 1981 c. 237; 1983 a. 437; 1987 a. 243; 1987
a. 403 s. 255; 1989 a. 31, 36, 359; 1995 a. 120; 2001 a. 21; 2005 a. 22; 2007 a. 25;
2009 a. 49, 298.
SUBCHAPTER III
INDEPENDENT AGENCIES
15.57 Educational communications board; creation.
There is created an educational communications board consisting
of:
(1) The secretary of administration, the state superintendent
of public instruction, the president of the University of Wisconsin
System and the director of the technical college system board, or
their designees.
(2) Two public members appointed for 4year terms.
(3) One representative of public schools and one representa-
tive of private schools or of tribal schools, as defined in s. 115.001
(15m), appointed for 4year terms.
(4) One majority and one minority party senator and one
majority and one minority party representative to the assembly,
appointed as are the members of standing committees in their
respective houses.
(5) One member appointed by the board of regents of the Uni-
versity of Wisconsin System for a 4year term.
(6g) The president of the Wisconsin Public Radio Associa-
tion.
(6m) One member with a demonstrated interest in public tele-
vision who resides within the coverage area of an education televi-
sion channel subject to s. 39.11 (3).
(7) One member appointed by the technical college system
board for a 4year term.
History: 1971 c. 100 s. 4; Stats. 1971 s. 15.57; 1977 c. 325; 1983 a. 27; 1985 a.
29; 1991 a. 39; 1993 a. 399; 1995 a. 27; 1997 a. 27; 2009 a. 302.
15.58 Employment relations commission; creation.
There is created an employment relations commission.
15.60 Government accountability board; creation.
(1) There is created a government accountability board consist-
ing of 6 persons. Members shall serve for 6year terms.
(2) All members of the board shall be appointed from nomina-
tions submitted to the governor by a nominating committee to be
called the governmental accountability candidate committee,
which shall consist of one court of appeals judge from each of the
court of appeals districts. The members of the committee shall
serve for 2year terms expiring on March 1. The court of appeals
judges shall be chosen as members by lot by the chief justice of
the supreme court in the presence of the other justices of the
supreme court. Service on the committee is mandatory except as
provided in s. 758.19 (9).
(3) Each member of the board shall be an individual who for-
merly served as a judge of a court of record in this state and who
was elected to the position in which he or she served.
(4) No member may hold another office or position that is a
state public office or a local public office, as defined in s. 19.42,
except the office of circuit judge or court of appeals judge under
s. 753.075.
(5) No member, for one year immediately prior to the date of
nomination may have been, or while serving on the board may
become, a member of a political party, an officer or member of a
committee in any partisan political club or organization, or an offi-
cer or employee of a registrant under s. 11.05.
(6) No member, while serving on the board, may become a
candidate, as defined in s. 11.01 (1), for state office or local office,
as defined in s. 5.02.
(7) No member, while serving on the board, may make a con-
tribution, as defined in s. 11.01 (6), to a candidate, as defined in
s. 11.01 (1) for state office or local office, as defined in s. 5.02.
No individual who serves as a member of the board, for 12 months
prior to beginning that service, may have made a contribution, as
defined in s. 11.01 (6), to a candidate for a partisan state or local
office, as defined in s. 5.02.
(8) No member may be a lobbyist, as defined in s. 13.62 (11),
or an employee of a principal, as defined in s. 13.62 (12), except
that a member may serve as a circuit judge or court of appeals
judge under s. 753.075.
History: 2007 a. 1.
Membership on the board is an office of public trust but is not a judicial office
within the meaning of Art. VII, s. 1. In conformity with Art. VII, s. 1, an individual
who has resigned from the office of judge may not serve as a member of the board
for the duration of the term to which the individual was elected to serve as a judge.
OAG 408.
15.603 Same; specified divisions. (1) ETHICS AND
ACCOUNTABILITY DIVISION. There is created in the government
accountability board an ethics and accountability division. The
ethics and accountability division shall be under the direction and
supervision of an administrator, who shall be appointed by the
board.
(2) ELECTIONS DIVISION. There is created in the government
accountability board an elections division. The elections division
shall be under the direction and supervision of an administrator,
who shall be appointed by the board.
History: 2007 a. 1.
15.607 Same; council. (1) ELECTION ADMINISTRATION
COUNCIL. There is created in the government accountability board
an election administration council consisting of members
appointed by the administrator of the elections division of the gov-
ernment accountability board, including the clerk or executive
director of the board of election commissioners of the 2 counties
or municipalities in this state having the largest population, one or
more election officials of other counties or municipalities, repre-
sentatives of organizations that advocate for the interests of indi-
31
viduals with disabilities and organizations that advocate for the
interests of the voting public, and other electors of this state.
History: 2007 a. 1 s. 80; Stats. 2007 s. 15.607.
15.67 Higher educational aids board; creation.
(1) There is created a higher educational aids board consisting of
the state superintendent of public instruction and the following
members appointed for 3year terms, except that the members
specified under pars. (a) 5. and 6. and (b) 3. shall be appointed for
2year terms:
(a) To represent public institutions of higher education, all of
the following:
1. One member of the board of regents of the University of
Wisconsin System.
2. One member of the technical college system board.
3. One financial aids administrator within the University of
Wisconsin System.
4. One financial aids administrator within the technical col-
lege system.
5. One undergraduate student enrolled at least halftime and
in good academic standing at an institution within the University
of Wisconsin System who is at least 18 years old and a resident of
this state.
6. One student enrolled at least halftime and in good aca-
demic standing at a technical college who is at least 18 years old
and a resident of this state.
(b) To represent private, nonprofit institutions of higher educa-
tion, all of the following:
1. One member of a board of trustees of an independent col-
lege or university in this state.
2. One financial aids administrator of a private nonprofit
institution of higher education located in this state.
3. One undergraduate student enrolled at least halftime and
in good academic standing at a private, nonprofit institution of
higher education located in this state who is at least 18 years old
and a resident of this state.
(c) One member to represent the general public.
(2) If a student member under sub. (1) loses the status upon
which the appointment was based, he or she shall cease to be a
member of the higher educational aids board upon appointment to
the higher educational aids board of a qualified successor.
History: 1997 a. 27, 237.
15.70 Historical society. There is continued the state histori-
cal society of Wisconsin initially organized under chapter 17, laws
of 1853, to be known for statutory purposes as the historical soci-
ety, under the direction and supervision of a board of curators. The
board of curators is not subject to s. 15.07. The board of curators
shall consist of:
(1) The governor, or his or her designee.
(2) The speaker of the assembly or his or her designee chosen
from the representatives to the assembly.
(3) The president of the senate or his or her designee chosen
from the members of the senate.
(4) Three members nominated by the governor and with the
advice and consent of the senate appointed for staggered 3year
terms.
(5) Members selected as provided in the constitution and
bylaws of the historical society. After July 1, 1986, the number
of members on the board of curators selected under this subsection
may not exceed 30.
(6) One member of the senate from the minority party in the
senate and one representative to the assembly from the minority
party in the assembly, appointed as are members of standing com-
mittees in their respective houses.
15.705 Same; attached boards. (1) BURIAL SITES PRES-
ERVATION BOARD. There is created a burial sites preservation board
attached to the historical society under s. 15.03, consisting of the
state archaeologist, as a nonvoting member, the director of the his-
torical society if the director is not serving as the state historic
preservation officer, the state historic preservation officer, or her
or his formally appointed designee, who shall be a nonvoting
member unless the director of the historical society is serving as
the state historic preservation officer, and the following members
(a) Three members, selected from a list of names submitted by
the Wisconsin archaeological survey, who shall have professional
qualifications in the fields of archaeology, physical anthropology,
history or a related field.
(b) Three members who shall be members of federally recog-
nized Indian tribes or bands in this state, selected from names sub-
mitted by the Great Lakes intertribal council and the Menominee
tribe. Each such member shall be knowledgeable in the field of
tribal preservation planning, history, archaeology or a related field
or shall be an elder, traditional person or spiritual leader of his or
her tribe.
(2) HISTORIC PRESERVATION REVIEW BOARD. There is created a
historic preservation review board attached to the historical soci-
ety under s. 15.03, consisting of 15 members appointed for stag-
gered 3year terms. At least 9 members shall be persons with pro-
fessional qualifications in the fields of architecture, archaeology,
art history and history and up to 6 members may be persons quali-
fied in related fields including, but not limited to, landscape archi-
tecture, urban and regional planning, law or real estate.
History: 1977 c. 29; 1979 c. 110; 1981 c. 237; 1985 a. 316; 1995 a. 27; 1995 a.
216 ss. 2j, 2k.
15.707 Same; councils. (3) HISTORICAL SOCIETY ENDOW-
MENT FUND COUNCIL. There is created in the historical society a
historical society endowment fund council consisting of 10 mem-
bers, including at least one representative of each of the following:
(a) The historical society.
(b) The Wisconsin Humanities Council.
(c) The Wisconsin Academy of Science, Arts and Letters.
(d) The arts board.
(e) Wisconsin public radio.
(f) Wisconsin public television.
History: 1977 c. 29 s. 1654 (8) (h); 1977 c. 273; 1979 c. 361 s. 112; 1991 a. 39,
269; 1995 a. 27; 1997 a. 27.
15.73 Office of commissioner of insurance; creation.
There is created an office of the commissioner of insurance under
the direction and supervision of the commissioner of insurance.
The commissioner shall not:
(1) Be a candidate for public office in any election;
(2) Directly or indirectly solicit or receive, or be in any manner
concerned with soliciting or receiving any assessment, subscrip-
tion, contribution or service, whether voluntary or involuntary, for
any political purpose whatever, from any person within or without
the state; nor
(3) Act as an officer or manager for any candidate, political
party or committee organized to promote the candidacy of any
person for any public office.
15.76 Investment board; creation. There is created a state
of Wisconsin investment board, to be known for statutory pur-
poses as the investment board. The investment board shall consist
of the following members:
(1) The secretary of administration, or the secretarys desig-
nee.
(1r) One member appointed for a 6year term, who is a repre-
sentative of a local government that participates in the local gov-
ernment pooledinvestment fund under s. 25.50. The member
shall be employed by the local government in a finance position
and have had at least 10 years of financial experience, but may not
be an elected official, an employee of a county with a population
greater than 450,000 or an employee of a city, town or village with
32
a population greater than 150,000. If the member appointed under
this subsection loses the status upon which the appointment was
based, he or she shall cease to be a member of the investment
board.
(2) Five members appointed for staggered 6year terms, 4 of
whom shall have had at least 10 years experience in making
investments, but any person having a financial interest in or whose
employer is primarily a dealer or broker in securities or mortgage
or real estate investments is not eligible for appointment, and any
member who acquires such an interest or accepts such appoint-
ment shall thereupon vacate his or her membership.
(3) Two participants in the Wisconsin retirement system
appointed for 6year terms, one of whom shall be a teacher partic-
ipant appointed by the teacher retirement board and one of whom
shall be a participant other than a teacher appointed by the Wis-
consin retirement board.
History: 1981 c. 96; 1985 a. 29; 1991 a. 316; 1995 a. 274.
15.78 Public defender board. There is created a public
defender board consisting of 9 members appointed for staggered
3year terms. No member may be, or be employed on the staff of,
a judicial or law enforcement officer, district attorney, corporation
counsel, or the state public defender. At least 5 members shall be
members of the State Bar of Wisconsin.
History: 1977 c. 29; 2001 a. 103.
15.79 Public service commission; creation. (1) There
is created a public service commission. No member of the com-
mission may have a financial interest in a railroad, water carrier,
or public utility. If any member voluntarily becomes so interested,
the members office shall become vacant. If the member involun-
tarily becomes so interested, the members office shall become
vacant unless the member divests himself or herself of the interest
within a reasonable time. Each commissioner shall hold office
until a successor is appointed and qualified.
(2) A commissioner of the public service commission may not
do any of the following:
(a) Be a candidate for public office in any election.
(b) Directly or indirectly solicit or receive any contribution, as
defined in s. 11.01 (6), for any political purpose, as defined in s.
11.01 (16), from any person within or outside of the state.
(c) Act as an officer or manager for any candidate, political
party, or committee organized to promote the candidacy of any
person for any public office.
(d) Serve on or under any committee of a political party.
History: 1979 c. 171; 2005 a. 179; 2011 a. 155.
A public service commissioner may attend a political party convention as a dele-
gate. 61 Atty. Gen. 265.
15.795 Same; attached office. (1) OFFICE OF THE COMMIS-
SIONER OF RAILROADS. There is created an office of the commis-
sioner of railroads which is attached to the public service commis-
sion under s. 15.03, provided that s. 85.02 (1) does not apply to the
office of the commissioner of railroads. The commissioner of rail-
roads shall have expertise in railroad issues and may not have a
financial interest in a railroad, as defined in s. 195.02 (1), or a
water carrier, as defined in s. 195.02 (5). The commissioner may
not serve on or under any committee of a political party. The com-
missioner shall hold office until a successor is appointed and qual-
ified.
History: 1993 a. 123; 2003 a. 89; 2005 a. 179.
15.797 Same; council. (1) WIND SITING COUNCIL. (a) In this
subsection, wind energy system has the meaning given in s.
66.0403 (1) (m).
(b) There is created in the public service commission a wind
siting council that consists of the following members appointed by
the public service commission for 3year terms:
1. Two members representing wind energy system develop-
ers.
2. One member representing towns and one member repre-
senting counties.
3. Two members representing the energy industry.
4. Two members representing environmental groups.
5. Two members representing realtors.
6. Two members who are landowners living adjacent to or in
the vicinity of a wind energy system and who have not received
compensation by or on behalf of owners, operators, or developers
of wind energy systems.
7. Two public members.
8. One member who is a University of Wisconsin System fac-
ulty member with expertise regarding the health impacts of wind
energy systems.
15.91 Board of regents of the University of Wisconsin
System; creation. There is created a board of regents of the
University of Wisconsin System consisting of the state superin-
tendent of public instruction, the president, or by his or her desig-
nation another member, of the technical college system board and
14 citizen members appointed for staggered 7year terms, and 2
students enrolled at least halftime and in good academic standing
at institutions within the University of Wisconsin System who are
residents of this state, for 2year terms. At least one of the citizen
members shall reside in each of this states congressional districts.
The student members may be selected from recommendations
made by elected representatives of student governments at institu-
tions within the University of Wisconsin System. The governor
shall appoint one student member who is at least 18 years old and
one undergraduate student member who is at least 24 years old and
represents the views of nontraditional students, such as those who
are employed or are parents. The governor may not appoint a stu-
dent member from the same institution in any 2 consecutive terms;
the 2 student members who are appointed may not be from the
same institution; and a student from the University of Wisconsin
Madison and a student from the University of Wis-
consinMilwaukee may not serve on the Board of Regents at the
same time. If a student member loses the status upon which the
appointment was based, he or she shall cease to be a member of
the board of regents.
History: 1971 c. 100; 1977 c. 29; 1985 a. 85; 1991 a. 68; 1993 a. 399; 1995 a. 27,
78; 1997 a. 237; 2005 a. 76; 2011 a. 89.
(1) VETERINARY DIAGNOSTIC LABORATORY BOARD. (a) There is
created a veterinary diagnostic laboratory board attached to the
University of Wisconsin System under s. 15.03.
(b) The veterinary diagnostic laboratory board shall consist of
the following members:
2. The chancellor of the University of WisconsinMadison or
his or her designee.
3. The dean of the school of veterinary medicine or his or her
designee.
4. A veterinarian employed by the federal government, to
serve at the pleasure of the governor.
5. Five other members representing persons served by the vet-
erinary diagnostic laboratory, at least one of whom is a livestock
producer, at least one of whom represents the animal agriculture
industry and at least one of whom is a practicing veterinarian who
is a member of the Wisconsin Veterinary Medical Association,
appointed for 3year terms.
6. The director of the veterinary diagnostic laboratory, who
shall serve as a nonvoting member.
(2) LABORATORY OF HYGIENE BOARD. There is created in the
University of Wisconsin System a laboratory of hygiene under the
direction and supervision of the laboratory of hygiene board. The
board shall consist of:
33
(a) The chancellor of the University of WisconsinMadison,
the secretary of health services, the secretary of natural resources
and the secretary of agriculture, trade and consumer protection, or
their designees.
(b) A representative of local health departments who is not an
employee of the department of health services, one physician rep-
resenting clinical laboratories, one member representing private
environmental testing laboratories, one member representing
occupational health laboratories and 3 additional members, one of
whom shall be a medical examiner or coroner, appointed for
3year terms. No member appointed under this paragraph may be
an employee of the laboratory of hygiene.
(c) The director of the laboratory, who shall serve as a nonvot-
ing member.
(6) ENVIRONMENTAL EDUCATION BOARD. (a) Creation. There
is created an environmental education board attached to the Uni-
versity of Wisconsin System under s. 15.03.
(b) Members. The environmental education board shall con-
sist of the following members:
1. The state superintendent of public instruction.
2. The secretary of natural resources.
3. The president of the University of Wisconsin System.
4. The director of the technical college system.
5. One majority and one minority party senator and one
majority and one minority party representative to the assembly,
appointed as are the members of standing committees in their
respective houses.
6. One member, appointed for a 3year term by the president
of the University of Wisconsin System, to represent each of the
following:
a. Elementary and secondary school environmental educa-
tors.
b. Conservation and environmental organizations.
c. Business and industry.
d. Agriculture.
e. Labor.
f. Faculty of public and private institutions of higher educa-
tion.
g. Nature centers, zoos, museums and other nonformal envi-
ronmental educational organizations.
h. Forestry.
i. Energy industry.
(c) Designees. Members of the board under par. (b) 1. to 4. may
appoint designees to serve on the board, if the designee is an
employee or appointive officer of the agency who has sufficient
authority to deploy agency resources and directly influence
agency decision making.
History: 1971 c. 323; 1973 c. 335; 1975 c. 39; 1977 c. 29 s. 1650m (2); 1977 c.
203, 418; 1979 c. 34 s. 50m; 1981 c. 346; 1985 a. 29; 1989 a. 20; 1989 a. 31 ss. 60m,
95e; 1991 a. 25; 1993 a. 27; 1995 a. 27 ss. 112b, 112c, 112d, 112h, 9126 (19); 1995
a. 227; 1997 a. 27 ss. 75m, 94e to 94m; 1997 a. 237 s. 722p; 1999 a. 107; 2001 a. 16;
2005 a. 404; 2007 a. 20 s. 9121 (6) (a).
15.917 Same; attached council. (1) RURAL HEALTH
DEVELOPMENT COUNCIL. There is created in the University of Wis-
consin System a rural health development council consisting of 17
members nominated by the governor, and with the advice and con-
sent of the senate appointed, for 5year terms, and the secretary
of health services, or his or her designee. The appointed members
shall include all of the following:
(a) A representative of the University of Wisconsin Medical
School.
(b) A representative of the Medical College of Wisconsin, Inc.
(c) A representative of the Wisconsin Health and Educational
Facilities Authority.
(d) One representative of a private lender that makes loans in
rural areas.
(e) A representative of a hospital located in a rural area and a
representative of a clinic located in a rural area.
(f) A physician licensed under ch. 448, a dentist licensed under
ch. 447, a nurse licensed under ch. 441, and a dental hygienist
licensed under ch. 447, all of whom practice in a rural area, and
a representative of public health services.
(g) The secretary of agriculture, trade and consumer protection
or the secretarys designee.
(h) The secretary of workforce development or the secretarys
designee.
(i) A representative of an economic development organization
operating in a rural area.
(j) A member of the public from a rural area.
History: 2009 a. 28 ss. 40g to 40n, 43 to 43g; 2011 a. 32.
15.94 Technical college system board; creation. There
is created a technical college system board consisting of 13 mem-
bers. No person may serve as president of the board for more than
2 successive annual terms. The board shall be composed of:
(1m) The state superintendent of public instruction or the
superintendents designee.
(2) The secretary of workforce development or the secretarys
designee.
(2m) The president, or by his or her designation another mem-
ber, of the board of regents of the University of Wisconsin System.
(3) One employer of labor, one employee who does not have
employing or discharging power, one person whose principal
occupation is farming and who is actually engaged in the opera-
tion of farms and 6 additional members appointed for 6year
terms.
(4) One student enrolled at least halftime and in good aca-
demic standing at a technical college who is at least 18 years old
and a resident of this state, for a 2year term. The governor may
not appoint a student member from the same technical college in
any 2 consecutive terms. If the student member loses the status
upon which the appointment was based, other than through gradu-
ation, he or she shall cease to be a member of the board.
History: 1971 c. 100; 1977 c. 29; 1979 c. 32; 1981 c. 269; 1985 a. 29; 1991 a. 29,
68; 1993 a. 399; 1995 a. 27 ss. 222, 9130 (4); 1995 a. 78; 1997 a. 3, 161.
A member of a vocational, technical and adult education (technical college district
board) local district board cannot serve as a state board member. 60 Atty. Gen. 178.
15.945 Same; attached board. (1) EDUCATIONAL
APPROVAL BOARD. There is created an educational approval board
which is attached to the technical college system board under s.
15.03. The board shall consist of not more than 7 members, who
shall be representatives of state agencies and other persons with
a demonstrated interest in educational programs, appointed to
serve at the pleasure of the governor.
History: 1997 a. 27; 1999 a. 9 s. 40g; Stats. 1999 s. 15.495; 2005 a. 25 s. 56; Stats.
2005 s. 15.945.
34
SAFETY AND PROFESSIONAL SERVICES
CHAPTER 440
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
SUBCHAPTER I
GENERAL PROVISIONS
440.01 Definitions.
440.02 Bonds.
440.03 General duties and powers of the department.
440.032 Sign language interpreting.
440.035 General duties of examining boards and affiliated credentialing boards.
440.04 Duties of the secretary.
440.042 Advisory committees.
440.045 Disputes.
440.05 Standard fees.
440.055 Credit card payments.
440.06 Refunds and reexaminations.
440.07 Examination standards and services.
440.075 Military service education, training, instruction, or other experience.
440.08 Credential renewal.
440.09 Reciprocal credentials for the spouses of service members.
440.11 Change of name or address.
440.12 Credential denial, nonrenewal and revocation based on tax delinquency.
440.121 Credential denial, nonrenewal, and revocation based on incompetency.
440.13 Delinquency in support payments; failure to comply with subpoena or war-
rant.
440.14 Nondisclosure of certain personal information.
440.15 No fingerprinting.
440.19 Voluntary surrender of license, permit, or certificate.
440.20 Disciplinary proceedings.
440.205 Administrative warnings.
440.21 Enforcement of laws requiring credential.
440.22 Assessment of costs.
440.23 Cancellation of credential; reinstatement.
440.25 Judicial review.
SUBCHAPTER II
PRIVATE DETECTIVES, PRIVATE SECURITY PERSONS
440.26 Private detectives, investigators and security personnel; licenses and per-
mits.
SUBCHAPTER III
BEHAVIOR ANALYSTS
440.310 Definitions.
440.311 Use of title; penalty.
440.312 Licensure.
440.313 Renewal.
440.314 Rules.
440.315 Informed consent.
440.316 Disciplinary proceedings and actions.
440.317 Advisory committee.
SUBCHAPTER IV
SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES
440.41 Definitions.
440.42 Regulation of charitable organizations.
440.43 Regulation of fundraising counsel.
440.44 Regulation of professional fundraisers.
440.45 Charitable sales promotions.
440.455 Solicitation disclosure requirements.
440.46 Prohibited acts.
440.47 Administration and investigations.
440.475 Disciplinary actions.
440.48 Penalties and enforcement.
SUBCHAPTER V
PEDDLERS
440.51 Statewide peddlers licenses for exsoldiers.
SUBCHAPTER VI
BARBERING AND COSMETOLOGY SCHOOLS
440.60 Definitions.
440.61 Applicability.
440.62 School and specialty school licensure.
440.63 Persons providing practical instruction in schools.
440.635 Persons providing practical instruction in specialty schools.
440.64 Regulation of schools and specialty schools.
SUBCHAPTER VII
CREMATORY AUTHORITIES
440.70 Definitions.
440.71 Registration; renewal.
440.73 Authorization forms.
440.75 Liability of a person who directs the cremation of human remains.
440.76 Revocation of authorization.
440.77 Delivery and acceptance of human remains.
440.78 Cremation requirements.
440.79 Deliveries of cremated remains.
440.80 Disposition of cremated remains.
440.81 Records.
440.82 Exemptions from liability.
440.83 Electronic transmission permitted.
440.84 Rules.
440.85 Discipline.
440.86 Penalties.
440.87 Exceptions.
SUBCHAPTER VIII
SUBSTANCE ABUSE COUNSELORS,
CLINICAL SUPERVISORS,
AND PREVENTION SPECIALISTS
440.88 Substance abuse counselors, clinical supervisors, and prevention special-
ists.
SUBCHAPTER IX
CEMETERY AUTHORITIES, SALESPERSONS AND PRENEED SELLERS
440.90 Definitions.
440.905 General duties and powers of board.
440.91 Cemetery authorities and cemetery salespersons.
440.92 Cemetery preneed sellers.
440.93 Disciplinary actions and proceedings.
440.945 Cemetery monuments.
440.947 Disclosures and representations for certain sales.
440.95 Penalties.
SUBCHAPTER X
INTERIOR DESIGNERS
440.96 Definitions.
440.961 Use of title.
440.962 Registration requirements.
440.963 Use of title by firms, partnerships and corporations.
440.964 Examinations.
440.965 Reciprocal registration.
440.966 Renewal; continuing education.
440.967 List of registered persons.
440.968 Discipline; prohibited acts; penalties.
440.969 Change of name.
SUBCHAPTER XI
HOME INSPECTORS
440.97 Definitions.
440.971 Registry established.
440.9712 Registration required.
440.9715 Applicability.
440.972 Registration of home inspectors.
440.974 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.
440.987 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.
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 athletes right to cancel.
440.9955 Required records.
440.996 Prohibited conduct.
440.9965 Criminal penalties.
35
Updated 1112 Wis. Stats. Database 2 SAFETY AND PROFESSIONAL SERVICES
440.997 Civil remedies.
440.9975 Administrative forfeiture.
440.998 Uniformity of application and construction.
440.9985 Electronic Signatures in Global and National Commerce Act.
440.999 Rules.
Crossreference: See also SPS, Wis. adm. code.
SUBCHAPTER I
GENERAL PROVISIONS
440.01 Definitions. (1) In chs. 440 to 480, unless the context
requires otherwise:
(ad) Automated external defibrillator means a defibrillator
device to which all of the following apply:
1. It is approved for commercial distribution by the federal
food and drug administration.
2. It is capable of recognizing the presence or absence of ven-
tricular fibrillation or rapid ventricular tachycardia and of deter-
mining without intervention by the user of the device whether
defibrillation should be performed.
3. After having determined that defibrillation should be per-
formed, it is capable, either at the command of an operator or with-
out intervention by an operator, of delivering an electrical shock
to an individual.
(ag) Defibrillation means administering an electrical
impulse to an individuals heart in order to stop ventricular
fibrillation or rapid ventricular tachycardia.
(aj) Department means the department of safety and profes-
sional services.
(am) Financial institution has the meaning given in s. 705.01
(3).
(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.
(c) Issue means the procedural act of the department of
transmitting the credential to the person who is credentialed.
(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 holders practice, or both.
(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.
(e) Reprimand means to publicly warn the holder of a cre-
dential.
(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 cre-
dential.
(g) Secretary means the secretary of safety and professional
services.
(h) Suspend, when used in reference to suspending a creden-
tial, means to completely and absolutely withdraw and withhold
for a period of time all rights, privileges and authority previously
conferred by the credential.
(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.
(2) In this subchapter:
(a) Credential means a license, permit, or certificate of certi-
fication or registration that is issued under chs. 440 to 480.
(b) Credentialing means the acts of an examining board, sec-
tion of an examining board, affiliated credentialing board or the
department that relate to granting, issuing, denying, limiting, sus-
pending or revoking a credential.
(bm) Credentialing board means an examining board or an
affiliated credentialing board in the department.
(c) Examining board includes the board of nursing.
(cs) Minority group member has the meaning given in s.
16.287 (1) (f).
(cv) Psychotherapy has the meaning given in s. 457.01 (8m).
(d) Reciprocal credential means a credential granted by an
examining board, section of an examining board, affiliated cre-
dentialing board or the department to an applicant who holds a cre-
dential issued by a governmental authority in a jurisdiction out-
side 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 examin-
ing board, affiliated credentialing board or department.
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.
Procedural due process and the separation of functions in state occupational licens-
ing agencies. 1974 WLR 833.
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 General duties and powers of the department.
(1) The department may promulgate rules defining uniform pro-
cedures 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.
(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 depart-
ment 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.
(2) The department may provide examination development
services, consultation and technical assistance to other state agen-
cies, federal agencies, counties, cities, villages, towns, national or
regional organizations of state credentialing agencies, similar cre-
dentialing 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 orga-
nization means a nonprofit corporation as defined in s. 181.0103
(17), and an organization exempt from tax under 26 USC 501.
(3) If the secretary reorganizes the department, no modifica-
tion may be made in the powers and responsibilities of the examin-
ing boards or affiliated credentialing boards attached to the
department or an examining board under s. 15.405 or 15.406.
(3m) The department may investigate complaints made
against a person who has been issued a credential under chs. 440
to 480.
(3q) Notwithstanding sub. (3m), the department of safety and
professional services shall investigate any report that it receives
under s. 146.40 (4r) (em).
(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.
(5) The department may investigate allegations of negligence
by physicians licensed to practice medicine and surgery under ch.
448.
(5m) The department shall maintain a tollfree telephone
number to receive reports of allegations of unprofessional con-
36
SAFETY AND PROFESSIONAL SERVICES 440.03
duct, 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 pos-
sible in the state, including in hospitals, clinics, medical offices
and other health care facilities.
(6) The department shall have access to any information con-
tained 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.
(7) The department shall establish the style, content and for-
mat of all credentials and of all forms for applying for any creden-
tial issued or renewed under chs. 440 to 480. 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.
(7m) The department may promulgate rules that establish
procedures for submitting an application for a credential or cre-
dential renewal by electronic transmission. Any rules promul-
gated under this subsection shall specify procedures for comply-
ing 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 examin-
ing board or an affiliated credentialing board be executed, veri-
fied, signed, sworn or made under oath, notwithstanding ss.
440.26 (2) (b), 440.42 (2) (intro.), 440.91 (2) (intro.), 443.06 (1)
(a), 443.10 (2) (a), 445.04 (2), 445.08 (4), 445.095 (1) (a), 448.05
(7), 450.09 (1) (a), 452.10 (1) and 480.08 (2m).
(8) The department may promulgate rules requiring holders of
certain credentials to do any of the following:
(a) Display the credential in a conspicuous place in the holders
office or place of practice or business, if the holder is not required
by statute to do so.
(b) Post a notice in a conspicuous place in the holders office
or place of practice or business describing the procedures for fil-
ing a complaint against the holder.
(9) (a) Subject to pars. (b) and (c), the department shall, bien-
nially, determine each fee for an initial credential for which no
examination is required, for a reciprocal credential, and for a cre-
dential renewal by doing all of the following:
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.
2. Not later than January 31 of each oddnumbered year,
adjusting for the succeeding fiscal biennium each fee for an initial
credential for which an examination is not required, for a recipro-
cal credential, and, subject to s. 440.08 (2) (a), for a credential
renewal, 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 busi-
ness during the period in which the initial or reciprocal credential
or credential renewal is in effect and, for purposes of each fee for
a credential renewal, to reflect an estimate of any additional mon-
eys available for the departments 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.
(b) The department may not recommend an initial credential
fee that exceeds the amount of the fee that the department recom-
mends for a renewal of the same credential, if no examination is
required for the initial credential.
(c) The cemetery board may by rule impose a fee in addition
to the renewal fee determined by the department under this sub-
section for renewal of a license granted under s. 440.91 (1).
(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 departments Internet Web site and in creden-
tial renewal notices sent to affected credential holders under s.
440.08 (1).
(11) The department shall cooperate with the department of
health services to develop a program to use voluntary, uncompen-
sated 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).
(11m) (a) Each application form for a credential issued or
renewed under chs. 440 to 480 shall provide a space for the depart-
ment to require each of the following, 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 num-
ber:
1. An applicant for an initial credential or credential renewal.
If the applicant is not an individual, the department shall require
the applicant to provide its federal employer identification num-
ber.
2. An applicant for reinstatement of an inactive license under
s. 452.12 (6) (e).
(am) If an applicant specified in par. (a) 1. or 2. is an individual
who does not have a social security number, the applicant shall
submit a statement made or subscribed under oath that the appli-
cant does not have a social security number. The form of the state-
ment shall be prescribed by the department of children and fami-
lies. A credential or license issued in reliance upon a false
statement submitted under this paragraph is invalid.
(b) The real estate examining board shall deny an application
for an initial credential or deny an application for credential
renewal or for reinstatement of an inactive license under s. 452.12
(6) (e) if any information required under par. (a) is not included in
the application form or, in the case of an applicant who is an indi-
vidual and who does not have a social security number, if the state-
ment required under par. (am) is not included with the application
form.
(c) The department of safety and professional services may not
disclose a social security number obtained under par. (a) to any
person except the coordinated licensure information system under
s. 441.50 (7); the department of children and families for purposes
of administering s. 49.22; and, for a social security number
obtained under par. (a) 1., the department of revenue for the pur-
pose of requesting certifications under s. 73.0301 and administer-
ing state taxes.
(12m) The department of safety and professional services
shall cooperate with the departments of justice, children and fami-
lies, and health services in developing and maintaining a com-
puter 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.
(13) (a) The department may conduct an investigation to
determine whether an applicant for a credential issued under chs.
440 to 480 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
37
440.03 SAFETY AND PROFESSIONAL SERVICES
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).
(am) A person holding a credential under chs. 440 to 480 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 depart-
ment shall by rule determine what information and documentation
the person holding the credential shall include with the written
notice.
(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 pro-
vided in par. (c):
1. Accountant, certified public.
2. Acupuncturist.
3. Advanced practice nurse prescriber.
4. Aesthetician.
5. Aesthetics instructor.
5m. Substance abuse counselor, clinical supervisor, or pre-
vention specialist.
5r. Anesthesiologist assistant.
6. Appraiser, real estate, certified general.
7. Appraiser, real estate, certified residential.
8. Appraiser, real estate, licensed.
9. Architect.
10. Athletic trainer.
11. Auctioneer.
12. Audiologist.
13. Barber.
14. Barbering instructor.
15. Barbering manager.
15m. Behavior analyst.
16. Boxer.
17. Cemetery preneed seller.
18. Cemetery salesperson.
18g. Chiropractic radiological technician.
18r. Chiropractic technician.
19. Chiropractor.
19e. Cosmetologist.
19m. Cosmetology instructor.
19s. Cosmetology manager.
20. Dental hygienist.
21. Dentist.
22. Designer of engineering systems.
23. Dietitian.
24. Drug distributor.
25. Drug manufacturer.
26. Electrologist.
27. Electrology instructor.
28. Engineer, professional.
29. Fundraising counsel.
30. Funeral director.
31. Hearing instrument specialist.
32. Home inspector.
32m. Juvenile martial arts instructor.
33. Landscape architect.
34. Land surveyor.
35. Manicuring instructor.
36. Manicurist.
37. Marriage and family therapist.
38. Massage therapist or bodywork therapist.
39. Music, art, or dance therapist.
40. Nurse, licensed practical.
41. Nurse, registered.
42. Nursemidwife.
43. Nursing home administrator.
44. Occupational therapist.
45. Occupational therapy assistant.
46. Optometrist.
47. Perfusionist.
48. Pharmacist.
49. Physical therapist.
50. Physical therapist assistant.
51. Physician.
52. Physician assistant.
53. Podiatrist.
54. Private detective.
55. Private practice school psychologist.
56. Private security person.
57. Professional counselor.
57m. Professional employer organization or professional
employer group.
58. Professional fundraiser.
59. Professional geologist.
60. Professional hydrologist.
61. Professional soil scientist.
62. Psychologist.
63. Real estate broker.
64. Real estate salesperson.
65. Registered interior designer.
66. Respiratory care practitioner.
66d. Sanitarian.
67. Social worker.
68. Social worker, advanced practice.
69. Social worker, independent.
70. Social worker, independent clinical.
71. Speechlanguage pathologist.
72. Timeshare salesperson.
73. Veterinarian.
74. Veterinary technician.
75. Any other profession or occupation specified by law that
is regulated by the department or a credentialing board.
(c) The department shall require an applicant for a private
detective license or a private security permit under s. 440.26, an
applicant for a juvenile martial arts instructor permit under sub.
(17), and a person for whom the department conducts an inves-
tigation under par. (b), to be photographed and fingerprinted on 2
fingerprint cards, each bearing a complete set of the persons fin-
gerprints. The department of justice may submit the fingerprint
cards to the federal bureau of investigation for the purpose of veri-
fying the identity of the persons fingerprinted and obtaining
records of their criminal arrests and convictions.
(d) The department shall charge an applicant any fees, costs,
or other expenses incurred in conducting any investigation under
this subsection or s. 440.26.
(14) (a) 1. The department shall grant a certificate of registra-
tion as a music therapist to a person if all of the following apply:
a. The person is certified, registered or accredited as a music
therapist by the Certification Board for Music Therapists,
National Music Therapy Registry, American Music Therapy
Association or by another national organization that certifies, reg-
isters or accredits music therapists.
38
SAFETY AND PROFESSIONAL SERVICES 440.032 5 Updated 1112 Wis. Stats. Database
b. The organization that certified. registered or accredited the
person under subd. 1. a. is approved by the department.
c. The person pays the initial credential fee determined by the
department under s. 440.03 (9) (a) and files with the department
evidence satisfactory to the department that he or she is certified,
registered or accredited as required under subd. 1. a.
2. The department shall grant a certificate of registration as
an art therapist to a person if all of the following apply:
a. The person is certified, registered or accredited as an art
therapist by the Art Therapy Credentials Board or by another
national organization that certifies, registers or accredits art thera-
pists.
b. The organization that certified, registered or accredited the
3. The department shall grant a certificate of registration as
a dance therapist to a person if all of the following apply:
a. The person is certified, registered or accredited as a dance
therapist by the American Dance Therapy Association or by
another national organization that certifies, registers or accredits
dance therapists.
b. The organization that certified, registered or accredited the
(am) The department may promulgate rules that establish
requirements for granting a license to practice psychotherapy to
a person who is registered under par. (a). Rules promulgated
under this paragraph shall establish requirements for obtaining
such a license that are comparable to the requirements for obtain-
ing a clinical social worker, marriage and family therapist, or pro-
fessional counselor license under ch. 457. If the department pro-
mulgates rules under this paragraph, the department shall grant a
license under this paragraph to a person registered under par. (a)
who pays the initial credential fee determined by the department
under s. 440.03 (9) (a) and provides evidence satisfactory to the
department that he or she satisfies the requirements established in
the rules.
(b) A person who is registered under par. (a) shall notify the
department in writing within 30 days if an organization specified
in par. (a) 1. a., 2. a. or 3. a. revokes the persons certification, reg-
istration, or accreditation specified in par. (a) 1. a., 2. a., or 3. a.
The department shall revoke a certificate of registration granted
under par. (a) if such an organization revokes such a certification,
registration, or accreditation. If the department revokes the certif-
icate of registration of a person who also holds a license granted
under the rules promulgated under par. (am), the department shall
also revoke the license.
(c) The renewal dates for certificates granted under par. (a) and
licenses granted under par. (am) are 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) and evidence
satisfactory to the department that the persons certification, regis-
tration, or accreditation specified in par. (a) 1. a., 2. a., or 3. a. has
not been revoked.
(d) The department shall promulgate rules that specify the ser-
vices within the scope of practice of music, art, or dance therapy
that a person who is registered under par. (a) is qualified to per-
form. The rules may not allow a person registered under par. (a)
to perform psychotherapy unless the person is granted a license
under the rules promulgated under par. (am).
Crossreference: See also chs. SPS 140, 141, and 142, Wis. adm. code.
(e) Subject to the rules promulgated under sub. (1), the depart-
ment may make investigations and conduct hearings to determine
whether a violation of this subsection or any rule promulgated
under par. (d) has occurred and may reprimand a person who is
registered under par. (a) or holds a license granted under the rules
promulgated under par. (am) or may deny, limit, suspend, or
revoke a certificate of registration granted under par. (a) or a
license granted under the rules promulgated under par. (am) if the
department finds that the applicant or certificate or license holder
has violated this subsection or any rule promulgated under par.
(d).
(f) A person who is registered under par. (a) or holds a license
granted under the rules promulgated under par. (am) who violates
this subsection or any rule promulgated under par. (d) may be
fined not more than $200 or imprisoned for not more than 6
months or both.
(15) The department shall promulgate rules that establish the
fees specified in ss. 440.05 (10) and 440.08 (2) (d).
(16) Annually, the department shall distribute the form devel-
oped by the medical and optometry examining boards under 2001
Wisconsin Act 16, section 9143 (3c), to all school districts and
charter schools that offer kindergarten, to be used by pupils to pro-
vide evidence of eye examinations under s. 118.135.
(17) (a) In this subsection:
1. Disqualified offender means any of the following:
a. A person who is required to comply with the reporting
requirements under s. 301.45 (1g).
b. A person who has been convicted of a violation of s. 940.01
or a violation of the law of another state or the United States that
would be a violation of s. 940.01 if committed in this state.
2. Martial arts instruction means instruction in selfdefense
or combat, but does not include instruction in the use of a firearm,
bow and arrow, or crossbow.
(b) No person may, for a fee, provide martial arts instruction
to a minor if the person is a disqualified offender.
(c) No person may, for a fee, provide martial arts instruction
to a minor unless the person has been issued a permit under this
subsection.
(d) Except as provided in par. (e), the department shall grant
a juvenile martial arts instructor permit to a person if the person
pays the fee specified in s. 440.05 (1).
(e) Pursuant to s. 440.03 (13) (b), the department shall investi-
gate an applicant for a permit under this subsection. Notwith-
standing ss. 111.321, 111.322, and 111.335, the department may
not issue a juvenile martial arts instructor permit to a person who
is a disqualified offender and shall revoke a permit issued to a per-
son under this subsection if, after the permit is issued, the person
becomes a disqualified offender.
(f) If a person who holds a permit under this subsection
becomes a disqualified offender, the person shall notify the
department within 14 days of the date of the conviction.
(g) The department may conduct periodic audits to determine
whether any person who holds a permit under this subsection is a
disqualified offender.
History: 1977 c. 418 ss. 24, 792; 1979 c. 34, 221, 337; 1981 c. 94; 1985 a. 29, 340;
1989 a. 31, 340; 1991 a. 39; 1993 a. 16, 102, 107, 443, 445, 490, 491; 1995 a. 27 ss.
6472g, 6472j, 9126 (19); 1995 a. 233; 1997 a. 27, 75, 79; 1997 a. 191 ss. 312, 313,
318; 1997 a. 231, 237; 1997 a. 261 ss. 1 to 4, 7, 10, 13; 1997 a. 311; 1999 a. 9, 32;
2001 a. 16, 66, 80; 2003 a. 151; 2005 a. 25; 2007 a. 20 ss. 3449 to 3462, 9121 (6) (a);
2007 a. 153, 189; 2009 a. 28, 130, 276, 282, 355; 2011 a. 32, 146, 160, 190, 255.
Crossreference: See also SPS, Wis. adm. code.
Notwithstanding the absence of any state statute limiting eligibility for profes-
sional licenses or credentials to persons who are in the country legally, federal law
is controlling so that the Department of Regulation and Licensing is prohibited from
granting any professional license or credential to an alien who is present in the United
States illegally. Because the department is prohibited from issuing professional
licenses or credentials to illegal aliens, the department must put in place some proce-
dure practicably designed to reasonably insure that it does not issue licenses or cre-
dentials in violation of federal law. OAG 307.
440.032 Sign language interpreting. (1) DEFINITIONS. In
this section:
39
Updated 1112 Wis. Stats. Database 6 440.032 SAFETY AND PROFESSIONAL SERVICES
(a) Client means a deaf or hard of hearing person for whom
a person provides interpretation services.
(b) Council means the sign language interpreter council.
(c) Support service provider means an individual who is
trained to act as a link between a person who is deaf and blind and
the persons environment.
(d) Wisconsin interpreting and transliterating assessment
means a program administered by the department of health ser-
vices to determine and verify the level of competence of commu-
nication access services providers who are not certified by the
Registry of Interpreters for the Deaf, Inc., or its successor, the
National Association of the Deaf or its successor, or other similar
nationally recognized certification organization, or a successor
program administered by the department of health services.
(2) LICENSE REQUIRED. (a) Except as provided in pars. (b) and
(c), no person may, for compensation, provide sign language
interpretation services for a client unless the person is licensed by
the department under sub. (3).
(b) No license is required under this subsection for any of the
following:
1. A person interpreting in a court proceeding if the person is
certified by the supreme court to act as a qualified interpreter in
court proceedings under s. 885.38 (2).
2. A person interpreting at any school or schoolsponsored
event if the person is licensed by the department of public instruc-
tion as an educational interpreter.
3. A person interpreting at a religious service or at a religious
function, including educational or social events sponsored by a
religious organization. This subdivision does not apply to a per-
son interpreting for a religious organization at a professional ser-
vice provided or sponsored by the religious organization.
4. A support service provider interpreting for the purpose of
facilitating communication between an individual who provides
interpretation services and a client of the individual.
5. A person who, in the course of the persons employment,
provides interpretation services during an emergency unless the
interpretation services are provided during a period that exceeds
24 hours.
(c) 1. The council may grant a temporary exemption to an indi-
vidual who is not a resident of this state that authorizes the individ-
ual to provide interpretation services for a period not to exceed 20
days, if the individual is certified by the Registry of Interpreters
for the Deaf, Inc., or its successor, or the National Association of
the Deaf or its successor. The council may not grant an individual
more than 2 temporary exemptions under this subdivision per
year.
2. The council may grant a temporary or permanent exemp-
tion to an individual who is a resident of this state that authorizes
the individual to provide interpretation services for a period speci-
fied by the council or for persons specified by the council.
(3) LICENSURE REQUIREMENTS. (a) Renewable licenses. 1.
The department shall grant a license as a sign language interpreter
to an applicant who submits an application on a form provided by
the department, pays the fee determined by the department under
s. 440.03 (9) (a), and submits evidence satisfactory to the depart-
ment that the applicant has received an associate degree in sign
language interpretation or has received a certificate of completion
of an education and training program regarding such interpreta-
tion, and the applicant has one of the following:
a. Any valid certification granted by the Registry of Interpret-
ers for the Deaf, Inc., or its successor.
b. A valid certification level 3, 4, or 5 granted by the National
Association of the Deaf or its successor.
c. Any valid certification granted by any other organization
that the department determines is substantially equivalent to a cer-
tification specified in subd. 1. a. or b.
2. The department shall grant a license as a sign language
interpreter to an applicant who submits an application on a form
provided by the department and pays the fee determined by the
department under s. 440.03 (9) (a), if the applicant has a certifica-
tion specified in subd. 1. a. and if the applicant provides to the
department satisfactory evidence of a diagnosis by a physician
that the applicant is deaf or hard of hearing.
3. The department shall grant a license as a sign language
interpreter to an applicant who has not received an associate
degree in sign language interpretation or a certificate of comple-
tion of an education and training program regarding such inter-
pretation, but who otherwise satisfies the requirements in subd. 1.
(intro.), if, within 24 months after establishing residency in the
state, the applicant provides evidence satisfactory to the depart-
ment that the applicant holds one of the certifications specified in
subd. 1. a., b., or c., that the applicant obtained the certification
prior to establishing residency in the state, and that the applicant
held the certification at the time the applicant established resi-
dency in the state.
(b) Restricted licenses. 1. The department shall grant a license
as a sign language interpreter to an applicant who submits an
application on a form provided by the department, pays the fee
determined by the department under s. 440.03 (9) (a), and submits
evidence satisfactory to the department of all of the following:
a. The applicant has received an associate degree in sign lan-
guage interpretation or has received a certificate of completion of
an education and training program regarding such interpretation.
b. The applicant is verified by the Wisconsin interpreting and
transliterating assessment at level 2 or higher in both interpreting
and transliterating.
c. The applicant has passed the written examination adminis-
tered by the Registry of Interpreters for the Deaf, Inc., or its suc-
cessor.
d. The applicant is an associate or student member of the Reg-
istry of Interpreters for the Deaf, Inc., or its successor.
2. The department shall grant a restricted license as a sign lan-
guage interpreter, authorizing the holder to provide interpretation
services only under the supervision of an interpreter licensed
under par. (a), to an applicant who submits an application on a
form provided by the department, pays the fee determined by the
department under s. 440.03 (9) (a), and submits evidence satisfac-
tory to the department of all of the following:
a. The applicant has been diagnosed by a physician as deaf or
hard of hearing.
b. The applicant has completed 8 hours of training sponsored
by the Registry of Interpreters for the Deaf, Inc., or its successor,
on the role and function of deaf interpreters.
c. The applicant has completed 8 hours of training sponsored
by the Registry of Interpreters for the Deaf, Inc., or its successor,
on professional ethics.
d. The applicant has obtained letters of recommendation from
at least 3 individuals who have held national certification for at
least 5 years and who are members in good standing of the Regis-
try of Interpreters for the Deaf, Inc., or its successor, if the letters
together document that the applicant has completed at least 40
hours of mentoring, including at least 20 hours observing profes-
sional work and at least 10 hours observing certified deaf inter-
preters.
e. The applicant has completed at least 40 hours of training
consisting of workshops sponsored by the Registry of Interpreters
for the Deaf, Inc., or its successor, or other relevant courses.
f. The applicant is an associate or student member of the Reg-
istry of Interpreters for the Deaf, Inc., or its successor.
g. The applicant has a high school diploma or an equivalent.
3. A license granted under subd. 1. or 2. may be renewed twice
and is not valid upon the expiration of the 2nd renewal period.
(4) NOTIFICATION REQUIRED. A person who is licensed under
sub. (3) shall notify the department in writing within 30 days if the
persons certification or membership specified in sub. (3) that is
required for the license is revoked or invalidated. The department
40
shall revoke a license granted under sub. (3) if such a certification
or membership is revoked or invalidated.
(5) LICENSE RENEWAL. The renewal dates for licenses granted
under sub. (3) (a) are specified in s. 440.08 (2) (a) 68c. Renewal
applications shall be submitted to the department on a form pro-
vided by the department and shall include the renewal fee deter-
mined by the department under s. 440.03 (9) (a) and evidence sat-
isfactory to the department that the persons certification or
membership specified in sub. (3) that is required for the license
has not been revoked or invalidated.
(6) COUNCIL. The council shall do all of the following:
(a) Make recommendations to the department regarding the
promulgation of rules establishing a code of ethics that governs
the professional conduct of persons licensed under sub. (3).
(b) Advise the department regarding the promulgation and
implementation of rules regarding the practice of sign language
interpreters.
(c) Advise the legislature regarding legislation affecting sign
language interpreters.
(d) Promulgate rules establishing a process and criteria for
granting exemptions under sub. (2) (c) 2.
(e) Assist the department in alerting sign language interpreters
and the deaf community in this state to changes in the law affecting
the practice of sign language interpreters.
(7) RULE MAKING. (a) The department may not promulgate
rules that impose requirements for granting a license that are in
addition to the requirements specified in sub. (3).
(b) After considering the recommendations of the council, the
department shall promulgate rules that establish a code of ethics
that governs the professional conduct of persons licensed under
sub. (3). In promulgating rules under this paragraph, the depart-
ment shall consider including as part or all of the rules part or all
of the code of ethics established by the Registry of Interpreters for
the Deaf, Inc., or its successor. The department shall periodically
review the code of ethics established by the Registry of Interpret-
ers for the Deaf, Inc., or its successor, and, if appropriate, revise
the rules promulgated under this paragraph to reflect revisions to
that code of ethics.
(8) DISCIPLINARY PROCEEDINGS AND ACTIONS. Subject to the
rules promulgated under s. 440.03 (1), the department may make
investigations and conduct hearings to determine whether a viola-
tion of this section or any rule promulgated under this section has
occurred and may reprimand a person who is licensed under sub.
(3) or may deny, limit, suspend, or revoke a license granted under
sub. (3) if it finds that the applicant or licensee has violated this
section or any rule promulgated under this section.
(9) PENALTY. A person who violates this section or any rule
promulgated under this section may be fined not more than $200
or imprisoned for not more than 6 months or both.
History: 2009 a. 360.
440.035 General duties of examining boards and affili-
ated credentialing boards. Each examining board or affili-
ated credentialing board attached to the department or an examin-
ing board shall:
(1) Independently exercise its powers, duties and functions
prescribed by law with regard to rulemaking, credentialing and
regulation.
(2) Be the supervising authority of all personnel, other than
shared personnel, engaged in the review, investigation or handling
of information regarding qualifications of applicants for creden-
tials, examination questions and answers, accreditation, related
investigations and disciplinary matters affecting persons who are
credentialed by the examining board or affiliated credentialing
board, or in the establishing of regulatory policy or the exercise of
administrative discretion with regard to the qualifications or disci-
pline of applicants or persons who are credentialed by the examin-
ing board, affiliated credentialing board or accreditation.
(3) Maintain, in conjunction with their operations, in central
locations designated by the department, all records pertaining to
the functions independently retained by them.
(4) Compile and keep current a register of the names and
addresses of all persons who are credentialed to be retained by the
department and which shall be available for public inspection dur-
ing the times specified in s. 230.35 (4) (a). The department may
also make the register available to the public by electronic trans-
mission.
History: 1977 c. 418 ss. 25, 793, 929 (41); 1979 c. 32 s. 92 (1); 1979 c. 34; 1989
a. 56 s. 259; 1991 a. 39; 1993 a. 107; 1997 a. 27, 191, 237.
440.04 Duties of the secretary. The secretary shall:
(1) Centralize, at the capital and in such district offices as the
operations of the department and the attached examining boards
and affiliated credentialing boards require, the routine housekeep-
ing functions required by the department, the examining boards
and the affiliated credentialing boards.
(2) Provide the bookkeeping, payroll, accounting and person-
nel advisory services required by the department and the legal ser-
vices, except for representation in court proceedings and the prep-
aration of formal legal opinions, required by the attached
examining boards and affiliated credentialing boards.
(3) Control the allocation, disbursement, and budgeting of the
funds received by the examining boards and affiliated credential-
ing boards in connection with their credentialing and regulation,
including the reimbursement of board members for actual and
necessary expenses, including travel expenses, incurred in the
performance of their duties.
(4) Employ, assign and reassign such staff as are required by
the department and the attached examining boards and affiliated
credentialing boards in the performance of their functions.
(5) With the advice of the examining boards or affiliated cre-
dentialing boards:
(a) Provide the department with such supplies, equipment,
office space and meeting facilities as are required for the efficient
operation of the department.
(b) Make all arrangements for meetings, hearings and
examinations.
(c) Provide such other services as the examining boards or
affiliated credentialing boards request.
(6) Appoint outside the classified service an administrator for
any division established in the department and a director for any
bureau established in the department as authorized in s. 230.08
(2). The secretary may assign any bureau director appointed in
accordance with this subsection to serve concurrently as a bureau
director and a division administrator.
(7) Unless otherwise specified in chs. 440 to 480, provide
examination development, administration, research and evalua-
tion services as required.
(9) Annually prepare and submit a report to the legislature
under s. 13.172 (2) on the number of minority group members
who applied for licensure as a certified public accountant under
ch. 442, the number who passed the examination required for
licensure as a certified public accountant and the number who
were issued a certified public accountant license under ch. 442,
during the preceding year.
History: 1977 c. 418 s. 26; 1979 c. 34; 1981 c. 20; 1985 a. 29; 1987 a. 27; 1989
a. 316; 1991 a. 39; 1993 a. 102, 107; 1995 a. 333; 2003 a. 270; 2011 a. 32.
440.042 Advisory committees. (1) The secretary may
appoint persons or advisory committees to advise the department
and the boards, examining boards, and affiliated credentialing
boards in the department on matters relating to the regulation of
credential holders. The secretary shall appoint an advisory com-
mittee to advise the department on matters relating to making
investigations, conducting hearings, and taking disciplinary
action under s. 440.986. A person or an advisory committee mem-
ber appointed under this subsection shall serve without com-
41
pensation, but may be reimbursed for his or her actual and neces-
sary expenses incurred in the performance of his or her duties.
(2) Any person who in good faith testifies before the depart-
ment or any examining board, affiliated credentialing board or
board in the department or otherwise provides the department or
any examining board, affiliated credentialing board or board in the
department with advice or information on a matter relating to the
regulation of a person holding a credential is immune from civil
liability for his or her acts or omissions in testifying or otherwise
providing such advice or information. The good faith of any per-
son specified in this subsection shall be presumed in any civil
action and an allegation that such a person has not acted in good
faith must be proven by clear and convincing evidence.
History: 1993 a. 16 ss. 3269, 3299; 1993 a. 107; 1997 a. 156; 1999 a. 32; 2005
a. 292.
440.045 Disputes. Any dispute between an examining board
or an affiliated credentialing board and the secretary shall be arbi-
trated by the governor or the governors designee after consulta-
tion with the disputants.
History: 1977 c. 418 s. 27; 1979 c. 34; 1993 a. 107.
The relationship between the department, cosmetology examining board, and gov-
ernor is discussed. 70 Atty. Gen. 172.
440.05 Standard fees. The following standard fees apply to
all initial credentials, except as provided in ss. 440.42, 440.43,
440.44, 440.51, 444.03, 444.11, 446.02 (2) (c), 447.04 (2) (c) 2.,
449.17 (1m) (d), and 449.18 (2) (d):
(1) (a) Initial credential: An amount determined by the
department under s. 440.03 (9) (a). Each applicant for an initial
credential shall pay the initial credential fee to the department
when the application materials for the initial credential are sub-
mitted to the department, except that no fee is required under this
paragraph for an individual who is eligible for the veterans fee
waiver program under s. 45.44.
(b) Examination: If an examination is required, the applicant
shall pay an examination fee to the department. If the department
prepares, administers, or grades the examination, the fee to the
department shall be an amount equal to the departments best esti-
mate of the actual cost of preparing, administering, or grading the
examination. If the department approves an examination pre-
pared, administered, and graded by a test service provider, the fee
to the department shall be an amount equal to the departments
best estimate of the actual cost of approving the examination,
including selecting, evaluating, and reviewing the examination.
(2) (a) Reciprocal credential, including any credential
described in s. 440.01 (2) (d) and any credential that permits tem-
porary practice in this state in whole or in part because the person
holds a credential in another jurisdiction: Except as provided in
par. (b), the applicable credential renewal fee determined by the
department under s. 440.03 (9) (a) and, if an examination is
required, an examination fee under sub. (1).
(b) No reciprocal credential fee is required under this subsec-
tion for an individual who seeks an initial reciprocal credential in
this state and who is eligible for the veterans fee waiver program
under s. 45.44.
(6) Apprentice, journeyman, student or other temporary cre-
dential, granted pending completion of education, apprenticeship
or examination requirements: $10.
(7) Replacement of lost credential, name or address change on
credential, issuance of duplicate credential or transfer of creden-
tial: $10.
(9) Endorsement of persons who are credentialed to other
states: $10.
(10) Expedited service: If an applicant for a credential
requests that the department process an application on an expe-
dited basis, the applicant shall pay a service fee that is equal to the
departments best estimate of the cost of processing the applica-
tion on an expedited basis, including the cost of providing counter
or other special handling services.
History: 1977 c. 29, 418; 1979 c. 34; 1979 c. 175 s. 53; 1979 c. 221 s. 2202 (45);
1983 a. 27; 1985 a. 29; 1987 a. 264, 265, 329, 399, 403; 1989 a. 31, 229, 307, 316,
336, 340, 341, 359; 1991 a. 39, 269, 278, 315; 1993 a. 16; 1995 a. 27; 1997 a. 27, 96;
1999 a. 9; 2001 a. 16; 2003 a. 150, 270, 285, 327; 2005 a. 25, 297; 2007 a. 20; 2011
a. 209.
Crossreference: See also ch. SPS 4, Wis. adm. code.
440.055 Credit card payments. (2) If the department per-
mits the payment of a fee with use of a credit card, the department
shall charge a credit card service charge for each transaction. The
credit card service charge shall be in addition to the fee that is
being paid with the credit card and shall be sufficient to pay the
costs to the department for providing this service to persons who
request it, including the cost of any services for which the depart-
ment contracts under sub. (3).
(3) The department may contract for services relating to the
payment of fees by credit card under this section.
History: 1995 a. 27; 1999 a. 9.
440.06 Refunds and reexaminations. The secretary may
establish uniform procedures for refunds of fees paid under s.
440.05 or 440.08 and uniform procedures and fees for reexamina-
tions under chs. 440 to 480.
History: 1977 c. 418; 1979 c. 175 s. 53; 1979 c. 221 s. 2202 (45); 1991 a. 39; 1993
a. 102.
440.07 Examination standards and services. (1) In
addition to the standards specified in chs. 440 to 480, examina-
tions for credentials shall reasonably relate to the skills likely to
be needed for an applicant to practice in this state at the time of
examination and shall seek to determine the applicants prepared-
ness to exercise the skills.
(2) The department, examining board or affiliated credential-
ing board having authority to credential applicants may do any of
the following:
(a) Prepare, administer and grade examinations.
(b) Approve, in whole or in part, an examination prepared,
administered and graded by a test service provider.
(3) The department may charge a fee to an applicant for a cre-
dential who fails an examination required for the credential and
requests a review of his or her examination results. The fee shall
be based on the cost of the review. No fee may be charged for the
review unless the amount of the fee or the procedure for determin-
ing the amount of the fee is specified in rules promulgated by the
department.
History: 1987 a. 27; 1991 a. 39; 1993 a. 102, 107.
Department of Regulation and Licensing test scores were subject to disclosure
under the open records law. Munroe v. Braatz, 201 Wis. 2d 442, 549 N.W.2d 452 (Ct.
App. 1996), 952557.
440.075 Military service education, training, instruc-
tion, or other experience. (1) In this section, instruction
means any education, training, instruction, or other experience
related to an occupation or profession.
(2) The department, if the department issues the credential, or
the credentialing board, if a credentialing board issues the creden-
tial, shall count any relevant instruction that an applicant for an
initial credential has obtained in connection with the applicants
military service, as defined in s. 111.32 (12g), toward satisfying
any instruction requirements for that credential if the applicant
demonstrates to the satisfaction of the department or credentialing
board that the instruction obtained by the applicant is substantially
equivalent to the instruction required for the initial credential.
History: 2011 a. 120.
440.08 Credential renewal. (1) NOTICE OF RENEWAL. The
department shall give a notice of renewal to each holder of a cre-
dential at least 30 days prior to the renewal date of the credential.
42
Notice may be mailed to the last address provided to the depart-
ment by the credential holder or may be given by electronic trans-
mission. Failure to receive a notice of renewal is not a defense in
any disciplinary proceeding against the holder or in any proceed-
ing against the holder for practicing without a credential. Failure
to receive a notice of renewal does not relieve the holder from the
obligation to pay a penalty for late renewal under sub. (3).
(2) RENEWAL DATES, FEES AND APPLICATIONS. (a) Except as
provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.11,
447.04 (2) (c) 2., 448.065, 449.17 (1m) (d), and 449.18 (2) (d), the
renewal dates for credentials are as follows:
1. Accountant, certified public: December 15 of each odd
numbered year.
3. Accounting corporation or partnership: December 15 of
each oddnumbered year.
4. Acupuncturist: July 1 of each oddnumbered year.
4m. Advanced practice nurse prescriber: October 1 of each
evennumbered year.
5. Aesthetician: April 1 of each oddnumbered year.
6. Aesthetics establishment: April 1 of each oddnumbered
year.
7. Aesthetics instructor: April 1 of each oddnumbered year.
8. Aesthetics school: April 1 of each oddnumbered year.
9. Aesthetics specialty school: April 1 of each oddnumbered
year.
9m. Substance abuse counselor, clinical supervisor, or pre-
vention specialist: except as limited in s. 440.88 (4), March 1 of
10. Anesthesiologist assistant: October 1 of each evennum-
bered year.
11. Appraiser, real estate, certified general: December 15 of
11m. Appraiser, real estate, certified residential: December
15 of each oddnumbered year.
12. Appraiser, real estate, licensed: December 15 of each
oddnumbered year.
13. Architect: August 1 of each evennumbered year.
14. Architectural or engineering firm, partnership or corpora-
tion: February 1 of each evennumbered year.
14d. Athlete agent: July 1 of each evennumbered year.
14f. Athletic trainer: July 1 of each evennumbered year.
14g. Auction company: December 15 of each evennum-
bered year.
14r. Auctioneer: December 15 of each evennumbered year.
15. Audiologist: February 1 of each oddnumbered year.
15m. Barber: April 1 of each oddnumbered year.
16. Barbering establishment: April 1 of each oddnumbered
year.
17. Barbering instructor: April 1 of each oddnumbered year.
18. Barbering manager: April 1 of each oddnumbered year.
19. Barbering school: April 1 of each oddnumbered year.
20m. Behavior analyst: December 15 of each evennum-
bered year.
21. Cemetery authority, licensed: December 15 of each even
numbered year.
21m. Cemetery authority, registered: December 15 of each
evennumbered year; $10.
22. Cemetery preneed seller: December 15 of each even
numbered year.
23. Cemetery salesperson: December 15 of each evennum-
bered year.
23m. Charitable organization: August 1 of each year.
23p. Chiropractic radiological technician: December 15 of
each evennumbered year.
23s. Chiropractic technician: December 15 of each even
numbered year.
24. Chiropractor: December 15 of each evennumbered year.
24b. Cosmetologist: April 1 of each oddnumbered year.
24d. Cosmetology establishment: April 1 of each oddnum-
bered year.
24g. Cosmetology instructor: April 1 of each oddnumbered
year.
24i. Cosmetology manager: April 1 of each oddnumbered
year.
24k. Cosmetology school: April 1 of each oddnumbered
year.
24m. Crematory authority: January 1 of each evennum-
bered year.
25. Dental hygienist: October 1 of each oddnumbered year.
26. Dentist: October 1 of each oddnumbered year.
26m. Dentist, faculty member: October 1 of each oddnum-
bered year.
27. Designer of engineering systems: February 1 of each
evennumbered year.
27m. Dietitian: November 1 of each evennumbered year.
29. Drug manufacturer: June 1 of each evennumbered year.
30. Electrologist: April 1 of each oddnumbered year.
31. Electrology establishment: April 1 of each oddnum-
bered year.
32. Electrology instructor: April 1 of each oddnumbered
year.
33. Electrology school: April 1 of each oddnumbered year.
34. Electrology specialty school: April 1 of each oddnum-
bered year.
35. Engineer, professional: August 1 of each evennumbered
year.
35m. Fundraising counsel: September 1 of each evennum-
bered year.
36. Funeral director: December 15 of each oddnumbered
year.
37. Funeral establishment: June 1 of each oddnumbered
year.
38. Hearing instrument specialist: February 1 of each odd
numbered year.
38g. Home inspector: December 15 of each evennumbered
year.
38j. Juvenile martial arts instructor: September 1 of each
evennumbered year.
38m. Landscape architect: August 1 of each evennumbered
year.
39. Land surveyor: February 1 of each evennumbered year.
39m. Limited Xray machine operator: September 1 of each
evennumbered year.
42. Manicuring establishment: April 1 of each oddnum-
bered year.
43. Manicuring instructor: April 1 of each oddnumbered
year.
44. Manicuring school: April 1 of each oddnumbered year.
45. Manicuring specialty school: April 1 of each oddnum-
bered year.
46. Manicurist: April 1 of each oddnumbered year.
46m. Marriage and family therapist: March 1 of each odd
numbered year.
46r. Massage therapist or bodywork therapist: March 1 of
46w. Midwife, licensed: July 1 of each evennumbered year.
48. Nurse, licensed practical: May 1 of each oddnumbered
year.
49. Nurse, registered: March 1 of each evennumbered year.
43
50. Nursemidwife: March 1 of each evennumbered year.
51. Nursing home administrator: July 1 of each evennum-
bered year.
52. Occupational therapist: June 1 of each oddnumbered
year.
53. Occupational therapy assistant: June 1 of each oddnum-
bered year.
54. Optometrist: December 15 of each oddnumbered year.
54m. Perfusionist: March 1 of each evennumbered year.
55. Pharmacist: June 1 of each evennumbered year.
56. Pharmacy, instate and outofstate: June 1 of each
evennumbered year.
57. Physical therapist: March 1 of each oddnumbered year.
57m. Physical therapist assistant: March 1 of each oddnum-
bered year.
58. Physician, other than a physician who possesses the
degree of doctor of osteopathy: November 1 of each oddnum-
bered year.
58m. Physician who possesses the degree of doctor of oste-
opathy: March 1 of each evennumbered year.
59. Physician assistant: March 1 of each oddnumbered year.
60. Podiatrist: November 1 of each evennumbered year.
61. Private detective: September 1 of each evennumbered
year.
62. Private detective agency: September 1 of each oddnum-
bered year.
63. Private practice school psychologist: October 1 of each
oddnumbered year.
63g. Private security person: September 1 of each evennum-
bered year.
63m. Professional counselor: March 1 of each oddnum-
bered year.
63p. Professional employer organization or professional
employer group: July 31 of each year.
63t. Professional fundraiser: September 1 of each even
numbered year.
63u. Professional geologist: August 1 of each evennum-
bered year.
63v. Professional geology, hydrology or soil science firm,
partnership or corporation: August 1 of each evennumbered
year.
63w. Professional hydrologist: August 1 of each evennum-
bered year.
63x. Professional soil scientist: August 1 of each evennum-
bered year.
64. Psychologist: October 1 of each oddnumbered year.
64g. Radiographer, licensed: September 1 of each even
numbered year.
65. Real estate broker: December 15 of each evennumbered
year.
66. Real estate business entity: December 15 of each even
numbered year.
67. Real estate salesperson: December 15 of each evennum-
bered year.
67m. Registered interior designer: August 1 of each even
numbered year.
67v. Registered music, art or dance therapist: October 1 of
67x. Registered music, art, or dance therapist with psycho-
therapy license: October 1 of each oddnumbered year.
68. Respiratory care practitioner: July 1 of each evennum-
bered year.
68b. Sanitarian: January 1 of each evennumbered year.
68c. Sign language interpreter: September 1 of each odd
numbered year.
68d. Social worker: March 1 of each oddnumbered year.
68h. Social worker, advanced practice: March 1 of each odd
numbered year.
68p. Social worker, independent: March 1 of each oddnum-
bered year.
68t. Social worker, independent clinical: March 1 of each
oddnumbered year.
68v. Speechlanguage pathologist: February 1 of each odd
numbered year.
69. Timeshare salesperson: December 15 of each even
numbered year.
70. Veterinarian: December 15 of each oddnumbered year.
71. Veterinary technician: December 15 of each oddnum-
bered year.
72. Wholesale distributor of prescription drugs: June 1 of
each evennumbered year.
(b) The renewal fee for an apprentice, journeyman, student or
temporary credential is $10. The renewal dates specified in par.
(a) do not apply to apprentice, journeyman, student or temporary
credentials.
(c) Except as provided in sub. (3), renewal applications shall
include the applicable renewal fee as determined by the depart-
ment under s. 440.03 (9) (a) or as specified in par. (b).
(d) If an applicant for credential renewal requests that the
department process an application on an expedited basis, the
applicant shall pay a service fee that is equal to the departments
best estimate of the cost of processing the application on an expe-
dited basis, including the cost of providing counter or other special
handling services.
(3) LATE RENEWAL. (a) Except as provided in rules promul-
gated under par. (b), if the department does not receive an applica-
tion to renew a credential before its renewal date, the holder of the
credential may restore the credential by payment of the applicable
renewal fee determined by the department under s. 440.03 (9) (a)
and by payment of a late renewal fee of $25.
(b) The department or the interested examining board or affili-
ated credentialing board, as appropriate, may promulgate rules
requiring the holder of a credential who fails to renew the creden-
tial within 5 years after its renewal date to complete requirements
in order to restore the credential, in addition to the applicable
requirements for renewal established under chs. 440 to 480, that
the department, examining board or affiliated credentialing board
determines is necessary to protect the public health, safety or wel-
fare. The rules may not require the holder to complete educational
requirements or pass examinations that are more extensive than
the educational or examination requirements that must be com-
pleted in order to obtain an initial credential from the department,
the examining board or the affiliated credentialing board.
(4) DENIAL OF CREDENTIAL RENEWAL. (a) Generally. If the
department or the interested examining board or affiliated creden-
tialing board, as appropriate, determines that an applicant for
renewal has failed to comply with sub. (2) (c) or (3) or with any
other applicable requirement for renewal established under chs.
440 to 480 or that the denial of an application for renewal of a cre-
dential is necessary to protect the public health, safety or welfare,
the department, examining board or affiliated credentialing board
may summarily deny the application for renewal by mailing to the
holder of the credential a notice of denial that includes a statement
of the facts or conduct that warrant the denial and a notice that the
holder may, within 30 days after the date on which the notice of
denial is mailed, file a written request with the department to have
the denial reviewed at a hearing before the department, if the
department issued the credential, or before the examining board
or affiliated credentialing board that issued the credential.
(b) Applicability. This subsection does not apply to a denial
of a credential renewal under s. 440.12 or 440.13 (2) (b).
History: 1991 a. 39 ss. 3305, 3313; 1991 a. 78, 160, 167, 269, 278, 315; 1993 a.
3, 16, 102, 105, 107, 443, 463, 465; 1993 a. 490 ss. 228 to 230, 274, 275; 1995 a. 27,
233, 321, 322, 461; 1997 a. 27, 75, 81, 96, 156, 191, 237, 261, 300; 1999 a. 9, 32; 2001
44
a. 16, 70, 74, 80, 89; 2003 a. 150, 270, 285, 327; 2005 a. 25, 31, 242, 292, 297, 407;
2007 a. 20, 174, 189; 2009 a. 28, 29, 106, 130, 174, 282, 355, 360; 2011 a. 160, 190,
258.
440.09 Reciprocal credentials for the spouses of ser-
vice members. (1) In this section, service member means a
member of the U.S. armed forces, a reserve unit of the U.S. armed
forces, or the national guard of any state.
(2) The department and each credentialing board shall grant
a reciprocal credential to an individual who the department or cre-
dentialing board determines meets all of the following require-
ments:
(a) The individual applies for a reciprocal credential under this
section on a form prescribed by the department or credentialing
board.
(b) The individual is the spouse of a service member, and the
spouse and service member temporarily reside in this state as a
result of the service members service in the U.S. armed forces, a
reserve unit of the U.S. armed forces, or the national guard of any
state.
(c) The individual holds a license, certification, registration,
or permit that was granted by a governmental authority in a juris-
diction outside this state that qualifies the individual to perform
the acts authorized under the appropriate credential granted by the
department or credentialing board.
(d) The individual pays the fee specified under s. 440.05 (2).
(e) The individual meets any other requirements established
by the department or credentialing board by rule.
(3) A reciprocal credential granted under this section expires
180 days after the date the department or credentialing board
issues the reciprocal credential unless, upon application by the
holder of the reciprocal credential, the department or credential-
ing board extends the reciprocal credential.
History: 2011 a. 210.
440.11 Change of name or address. (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 pro-
cedures approved by the department.
(2) The department or any examining board, affiliated creden-
tialing board or board in the department may serve any process,
notice or demand on the holder of any credential by mailing it to
the lastknown address of the holder as indicated in the records of
the department, examining board, affiliated credentialing board or
board.
(3) Any person who fails to comply with sub. (1) shall be sub-
ject to a forfeiture of $50.
History: 1987 a. 27; 1991 a. 39; 1993 a. 107; 1997 a. 27.
440.12 Credential denial, nonrenewal and revocation
based on tax delinquency. Notwithstanding any other provi-
sion of chs. 440 to 480 relating to issuance or renewal of a creden-
tial, the department shall deny an application for an initial creden-
tial or credential renewal or revoke a credential if the department
of revenue certifies under s. 73.0301 that the applicant or creden-
tial holder is liable for delinquent taxes, as defined in s. 73.0301
(1) (c).
History: 1997 a. 237.
440.121 Credential denial, nonrenewal, and revoca-
tion 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 declara-
tion under s. 54.25 (2) (c) 1. d. stating that the individual is incom-
petent to apply for a credential under chs. 440 to 480.
History: 2005 a. 387.
440.13 Delinquency in support payments; failure to
comply with subpoena or warrant. (1) In this section:
(b) Memorandum of understanding means a memorandum
of understanding entered into by the department of safety and pro-
fessional services and the department of children and families
under s. 49.857.
(c) Support has the meaning given in s. 49.857 (1) (g).
(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:
(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 pro-
ceedings.
(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.
(c) With respect to a credential granted by a credentialing
board, a credentialing board shall restrict, limit or suspend a cre-
dential held by a person or deny an application for an initial cre-
dential or for reinstatement of an inactive license under s. 452.12
(6) (e) when directed to do so by the department.
History: 1997 a. 191, 237; 2007 a. 20; 2011 a. 32.
440.14 Nondisclosure of certain personal information.
(1) In this section:
(a) List means information compiled or maintained by the
department or a credentialing board that contains the personal
identifiers of 10 or more individuals.
(b) Personal identifier means a social security number, tele-
phone number, street name and number, electronic mail address,
or postoffice box number.
(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 individuals personal identifiers, the form shall
include a place for the individual to declare that the individuals
personal identifiers obtained by the department or the credential-
ing 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.
(3) If the department or a credentialing board requires an indi-
vidual to provide, by telephone or other electronic means, any of
the individuals personal identifiers in order to apply for a creden-
tial or credential renewal or to obtain a product or service from the
department or a credentialing board, the department or the creden-
tialing board shall ask the individual at the time that the individual
provides the information if the individual wants to declare that the
individuals personal identifiers obtained by telephone or other
electronic means may not be disclosed on any list that the depart-
ment or the credentialing board furnishes to another person.
(4) The department or a credentialing board shall provide to
an individual upon request a form that includes a place for the indi-
vidual to declare that the individuals 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.
(5) (a) The department or a credentialing board may not dis-
close on any list that it furnishes to another person a personal iden-
tifier of any individual who has made a declaration under sub. (2),
(3) or (4).
45
(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 addi-
tion, par. (a) does not apply to a list that the department or the
board of nursing furnishes to the coordinated licensure informa-
tion system under s. 441.50 (7). A state agency that receives a list
from the department or a credentialing board containing a per-
sonal 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.
History: 1999 a. 88; 2001 a. 66; 2009 a. 388.
440.15 No fingerprinting. Except as provided under s.
440.03 (13) (c), 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 depart-
ments or the credentialing boards credentialing.
History: 2011 a. 255.
440.19 Voluntary surrender of license, permit, or cer-
tificate. A person who holds a license, permit, or certificate of
certification or registration issued under chs. 440 to 480 may vol-
untarily surrender that license, permit, or certificate of certifi-
cation or registration. The department, examining board, affili-
ated credentialing board, or board of the department that issued
the license, permit, or certificate of certification or registration
may refuse to accept that surrender if a complaint has been filed
or disciplinary proceeding has been commenced against the per-
son under s. 440.20.
History: 2011 a. 146.
440.20 Disciplinary proceedings. (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.
(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.
(4) In addition to any grounds for discipline specified in chs.
440 to 480, the department or appropriate examining board, affili-
ated credentialing board or board in the department may repri-
mand 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).
History: 1977 c. 418; 1979 c. 34; 1985 a. 29; 1989 a. 31, 201; 1991 a. 39; 1993
a. 16, 27, 102, 107, 490; 2009 a. 209.
The constitutionality of sub. (3) is upheld. Gandhi v. Medical Examining Board,
168 Wis. 2d 299, 483 N.W.2d 295 (Ct. App. 1992).
A hearing is not required for a complaint filed under this section. 68 Atty. Gen. 30.
The preponderance of the evidence burden of proof under sub. (3) does not vio-
late the due process rights of a licensee. 75 Atty. Gen. 76.
440.205 Administrative warnings. If the department or a
board, examining board or affiliated credentialing board in the
department determines during an investigation that there is evi-
dence 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 warn-
ing 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 first occur-
rence of 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 disci-
plinary action. If an administrative warning is issued, the creden-
tial 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 consti-
tute 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 administra-
tive 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 miscon-
duct 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 promul-
gate rules establishing uniform procedures for the issuance and
use of administrative warnings.
History: 1997 a. 139.
440.21 Enforcement of laws requiring credential.
(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.
(2) If, after holding a public hearing, the department deter-
mines 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.
(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 restrain-
ing order or an injunction as provided in ch. 813.
(4) (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 con-
tinued violation constitutes a separate offense. The attorney gen-
eral or any district attorney may commence an action in the name
of the state to recover a forfeiture under this paragraph.
(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.
History: 1991 a. 39; 1993 a. 102; 2011 a. 146.
440.22 Assessment of costs. (1) In this section, costs of
the proceeding means the compensation and reasonable expen-
ses of hearing examiners and of prosecuting attorneys for the
department, examining board or affiliated credentialing 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 and
investigators, and compensation and expenses of a reporter for
recording and transcribing testimony.
(2) In any disciplinary proceeding against a holder of a cre-
dential in which the department or an examining board, affiliated
credentialing board or board in the department orders suspension,
limitation or revocation of the credential or reprimands the holder,
the department, examining board, affiliated credentialing board or
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% per
46
year beginning on the date that payment of the costs are due as
ordered by the department, examining board, affiliated credential-
ing board or board. Upon the request of the department of safety
and professional services, the department of justice may com-
mence an action to recover costs assessed under this subsection
and any accrued interest.
(3) In addition to any other discipline imposed, if the depart-
ment, examining board, affiliated credentialing board or board
assesses costs of the proceeding to the holder of the credential
under sub. (2), the department, examining board, affiliated cre-
dentialing board or board may not restore, renew or otherwise
issue any credential to the holder until the holder has made pay-
ment to the department under sub. (2) in the full amount assessed,
together with any accrued interest.
History: 1987 a. 27; 1991 a. 39; 1993 a. 107; 1997 a. 27; 2011 a. 32.
The collection of costs assessed under this section may not be pursued in an inde-
pendent action for a money judgment. The costs may be collected only as a condition
of reinstatement of the disciplined practitioners credentials. State v. Dunn, 213 Wis.
2d 363, 570 N.W.2d 614 (Ct. App. 1997), 970167.
440.23 Cancellation of credential; reinstatement.
(1) If the holder of a credential pays a fee required under s. 440.05
(1) or (6), 440.08, 444.03, or 444.11 by check or debit or credit
card and the check is not paid by the financial institution upon
which the check is drawn or if the demand for payment under the
debit or credit card transaction is not paid by the financial institu-
tion upon which demand is made, the department may cancel the
credential on or after the 60th day after the department receives the
notice from the financial institution, subject to sub. (2).
(2) At least 20 days before canceling a credential, the depart-
ment shall mail a notice to the holder of the credential that informs
the holder that the check or demand for payment under the debit
or credit card transaction was not paid by the financial institution
and that the holders credential may be canceled on the date deter-
mined under sub. (1) unless the holder does all of the following
before that date:
(a) Pays the fee for which the unpaid check or demand for pay-
ment under the credit or debit card transaction was issued.
(b) If the fee paid under par. (a) is for renewal and the credential
has expired, pays the applicable penalty for late renewal specified
in s. 440.08 (3).
(c) Pays the charge for an unpaid draft established by the
depository selection board under s. 20.905 (2).
(3) Nothing in sub. (1) or (2) prohibits the department from
extending the date for cancellation to allow the holder additional
time to comply with sub. (2) (a) to (c).
(4) A cancellation of a credential under this section com-
pletely terminates the credential and all rights, privileges and
authority previously conferred by the credential.
(5) The department may reinstate a credential that has been
canceled under this section only if the previous holder complies
with sub. (2) (a) to (c) and pays a $30 reinstatement fee.
History: 1989 a. 31; 1991 a. 39, 189, 269, 278, 315; 1993 a. 16; 1995 a. 27; 1999
a. 9; 2003 a. 270, 285, 327.
440.25 Judicial review. The department may seek judicial
review under ch. 227 of any final disciplinary decision of the med-
ical examining board or affiliated credentialing board attached to
the medical examining board. The department shall be repre-
sented in such review proceedings by an attorney within the
department. Upon request of the medical examining board or the
interested affiliated credentialing board, the attorney general may
represent the board. If the attorney general declines to represent
the board, the board may retain special counsel which shall be paid
for out of the appropriation under s. 20.165 (1) (hg).
History: 1985 a. 340; 1993 a. 107; 2009 a. 28.
SUBCHAPTER II
PRIVATE DETECTIVES, PRIVATE SECURITY PERSONS
440.26 Private detectives, investigators and security
personnel; licenses and permits. (1) LICENSE OR PERMIT
REQUIRED. (a) No person may do any of the following unless he
or she has a license or permit issued under this section:
1. Advertise, solicit or engage in the business of operating a
private detective agency.
2. Act as a private detective, investigator, special investigator
or private security person.
3. Act as a supplier of private security personnel.
4. Solicit business or perform any other type of service or
investigation as a private detective or private security person.
11. Receive any fees or compensation for acting as any per-
son, engaging in any business or performing any service specified
in subds. 1. to 4.
(b) The department may promulgate rules specifying activities
in which a person may engage without obtaining a license or per-
mit under this section.
(1m) DEFINITION. In this section:
(h) Private security person or private security personnel
means any private police, guard or any person who stands watch
for security purposes.
(2) TYPES OF LICENSES; APPLICATION; APPROVAL. (a) Types of
licenses. The department may do any of the following:
1. Issue a private detective agency license to an individual,
partnership, limited liability company or corporation that meets
the qualifications specified under par. (c). The department may
not issue a license under this subdivision unless the individual or
each member of the partnership or limited liability company or
officer or director of the corporation who is actually engaged in
the work of a private detective is issued a private detective license
under this section.
2. Issue a private detective license to an individual who meets
the qualifications specified under par. (c) if the individual is an
owner, coowner or employee of a private detective agency
required to be licensed under this section.
(b) Applications. The department shall prescribe forms for
original and renewal applications. A partnership or limited liabil-
ity company application shall be executed by all members of the
partnership or limited liability company. A corporate application
shall be executed by the secretary and the president or vice presi-
dent and, in addition, in the case of a foreign corporation, by the
registered agent.
(c) Approval. 1. Subject to subds. 2. and 3., the department
shall prescribe, by rule, such qualifications as it deems appropri-
ate, with due regard to investigative experience, special profes-
sional education and training and other factors bearing on profes-
sional competence.
2. An individual who has been convicted in this state or else-
where of a felony and who has not been pardoned for that felony
is not eligible for a license under this section.
3. The department may not issue a license under this section
to an individual unless the individual is over 18 years of age.
4. The department, in considering applicants for license, shall
seek the advice of the appropriate local law enforcement agency
or governmental official, and conduct such further investigation,
as it deems proper to determine the competence of the applicant.
5. The department may, based on rules adopted by the depart-
ment, refuse to issue a license under this section to an individual
47
who has committed any of the acts described in sub. (6) (a) 1. to
5.
(3) ISSUANCE OF LICENSES; FEES. Upon receipt and examina-
tion of an application executed under sub. (2), and after any inves-
tigation that it considers necessary, the department shall, if it
determines that the applicant is qualified, grant the proper license
upon payment of the initial credential fee determined by the
department under s. 440.03 (9) (a). No license shall be issued for
a longer period than 2 years, and the license of a private detective
shall expire on the renewal date of the license of the private detec-
tive agency, even if the license of the private detective has not been
in effect for a full 2 years. Renewals of the original licenses issued
under this section shall be issued in accordance with renewal
forms prescribed by the department and shall be accompanied by
the applicable fees specified in s. 440.08 or determined by the
department under s. 440.03 (9) (a). The department may not
renew a license unless the applicant provides evidence that the
applicant has in force at the time of renewal the bond or liability
policy specified in this section.
(3m) RULES CONCERNING DANGEROUS WEAPONS. The depart-
ment shall promulgate rules relating to the carrying of dangerous
weapons by a person who holds a license or permit issued under
this section or who is employed by a person licensed under this
section. The rules shall meet the minimum requirements specified
in 15 USC 5902 (b) and shall allow all of the following:
(a) A person who is employed in this state by a public agency
as a law enforcement officer to carry a concealed firearm if s.
941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.
(b) A qualified outofstate law enforcement officer, as
defined in s. 941.23 (1) (g), to carry a concealed firearm if s.
941.23 (2) (b) 1. to 3. applies.
(c) A former officer, as defined in s. 941.23 (1) (c), to carry a
concealed firearm if s. 941.23 (2) (c) 1. to 7. applies.
(d) A licensee, as defined in s. 175.60 (1) (d), or an outof
state licensee, as defined in s. 175.60 (1) (g), to carry a concealed
weapon as permitted under s. 175.60.
(4) BONDS OR LIABILITY POLICIES REQUIRED. No license may be
issued under this section until a bond or liability policy, approved
by the department, in the amount of $100,000 if the applicant for
the license is a private detective agency and includes all princi-
pals, partners, members or corporate officers, or in the amount of
$2,000 if the applicant is a private detective, has been executed
and filed with the department. Such bonds or liability policies
shall be furnished by an insurer authorized to do a surety business
in this state in a form approved by the department. The person
shall maintain the bond or liability policy during the period that
the license is in effect.
(4m) REPORTING VIOLATIONS OF LAW. (a) Definition. In this
subsection, violation means a violation of any state or local law
that is punishable by a forfeiture.
(b) Reporting requirement. A person who holds a license or
permit issued under this section and who is convicted of a felony
or misdemeanor, or is found to have committed a violation, in this
state or elsewhere, shall notify the department in writing of the
date, place and nature of the conviction or finding within 48 hours
after the entry of the judgment of conviction or the judgment find-
ing that the person committed the violation. Notice may be made
by mail and may be proven by showing proof of the date of mail-
ing the notice.
(5) EXEMPTIONS. (a) The requirement that a person acting as
a private detective, investigator or special investigator be licensed
under this section does not apply to attorneys, law students or law
school graduates employed by an attorney or persons directly
employed by an attorney or firm of attorneys whose work as pri-
vate detective, investigator or special investigator is limited to
such attorney or firm or to persons directly employed by an insurer
or a retail credit rating establishment. A person who accepts
employment with more than one law firm shall be subject to the
licensing provisions of this section.
(b) The license requirements of this section do not apply to any
person employed directly or indirectly by the state or by a munici-
pality, as defined in s. 345.05 (1) (c), or to any employee of a rail-
road company under s. 192.47, or to any employee of a commer-
cial establishment, while the person is acting within the scope of
his or her employment and whether or not he or she is on the
employers premises.
(c) An employee of any agency that is licensed as a private
detective agency under this section and that is doing business in
this state as a supplier of uniformed private security personnel to
patrol exclusively on the private property of industrial plants,
business establishments, schools, colleges, hospitals, sports sta-
diums, exhibits and similar activities is exempt from the license
requirements of this section while engaged in such employment,
if all of the following apply:
1. The employee obtains a private security permit under this
sub. (5m).
2. The private detective agency furnishes an uptodate writ-
ten record of its employees to the department. The record shall
include the name, residence address, date of birth and a physical
description of each employee together with a recent photograph
and 2 fingerprint cards bearing a complete set of fingerprints of
each employee.
3. The private detective agency notifies the department in
writing within 5 days of any change in the information under subd.
2. regarding its employees, including the termination of employ-
ment of any person.
(5m) PRIVATE SECURITY PERMIT. (a) The department shall
issue a private security permit to an individual if all of the follow-
ing apply:
1. The individual submits an application for a private security
permit to the department on a form provided by the department.
2. The individual has not been convicted in this state or else-
where of a felony, unless he or she has been pardoned for that fel-
ony.
3. The individual provides evidence satisfactory to the depart-
ment that he or she is an employee of a private detective agency
described in sub. (5) (c).
4. The individual pays to the department the initial credential
fee determined by the department under s. 440.03 (9) (a).
(am) The department may refuse to issue a private security per-
mit to a person who has been convicted of a misdemeanor or found
to have violated any state or local law that is punishable by a for-
feiture, subject to ss. 111.321, 111.322, and 111.335.
(b) The renewal dates for permits issued under this subsection
are specified under s. 440.08 (2) (a). Renewal applications shall
be submitted to the department on a form provided by the depart-
ment and shall include the renewal fee determined by the depart-
ment under s. 440.03 (9) (a).
(c) A private security permit issued under this subsection
authorizes the holder of the permit to engage in private security
activities described in sub. (5) (c) for an employer described in
sub. (5) (c) anywhere in this state.
(d) The department shall maintain a record pertaining to each
applicant for a permit under this subsection and each holder of a
permit issued under this subsection. The record shall include all
information received by the department that is relevant to the
approval or denial of the application, the issuance of the permit
and any limitations, suspensions or revocations of the permit.
(5r) TEMPORARY PRIVATE SECURITY PERMIT. (a) The depart-
ment shall issue a temporary private security permit to an individ-
ual at the request of the individual if all of the following apply:
1. The individual has completed an application and provided
information required under sub. (5m) (a).
48
2. The department is not yet able to grant or deny the individu-
als application because a background check of the individual is
not complete.
(b) 1. Except as provided in subd. 2., an individual who has
been issued a temporary private security permit under par. (a) may
act as a private security person in the same manner as an individual
issued a private security permit under sub. (5m).
2. An individual may not carry a dangerous weapon while act-
ing as a private security person under a temporary private security
permit issued under par. (a).
(c) 1. Except as provided in subd. 2., a temporary private secu-
rity permit issued under par. (a) is valid for 30 days.
2. A temporary private security permit issued under par. (a)
shall expire on the date that the individual receives written notice
from the department that a background check of the individual has
been completed and that the department is granting or denying the
individuals application for a private security permit, if that date
occurs before the end of the period specified in subd. 1.
3. A temporary private security permit issued under par. (a)
may not be renewed.
(6) DISCIPLINE. (a) Subject to the rules adopted under s.
440.03 (1), the department may reprimand the holder of a license
or permit issued under this section or revoke, suspend or limit the
license or permit of any person who has done any of the following:
1. Been convicted of a misdemeanor or found to have violated
any state or local law that is punishable by a forfeiture, subject to
ss. 111.321, 111.322 and 111.335.
2. Engaged in conduct reflecting adversely on his or her pro-
fessional qualification.
3. Made a false statement in connection with any application
for a license or permit under this section.
4. Violated this section or any rule promulgated or order
issued under this section.
5. Failed to maintain a bond or liability policy as required
under sub. (4).
(b) Subject to the rules promulgated under s. 440.03 (1), the
department shall revoke the license or permit of any person who
has been convicted of a felony in this state or elsewhere and who
has not been pardoned for that felony.
(8) PENALTIES. Any person, acting as a private detective,
investigator or private security person, or who employs any per-
son who solicits, advertises or performs services in this state as a
private detective or private security person, or investigator or spe-
cial investigator, without having procured the license or permit
required by this section, may be fined not less than $100 nor more
than $500 or imprisoned not less than 3 months nor more than 6
months or both. Any agency having an employee, owner, officer
or agent convicted of the above offense may have its agency
license revoked or suspended by the department. Any person con-
victed of the above offense shall be ineligible for a license for one
year.
History: 1971 c. 213 s. 5; 1977 c. 29, 125, 418; 1979 c. 102 ss. 45, 236 (3); 1981
c. 334 s. 25 (1); 1981 c. 380, 391; 1983 a. 189 s. 329 (31); 1983 a. 273; 1985 a. 128,
135; 1991 a. 39, 269; 1993 a. 112, 213; 1995 a. 461; 1997 a. 27; 1999 a. 32; 2007 a.
20; 2011 a. 35, 146.
Crossreference: See s. 134.57 for requirement that all settlements made with an
employee or fiduciary agent, where the detective is to be paid a percentage of the
amount recovered, must be submitted to the circuit court for approval.
Crossreference: See also chs. SPS 30, 31, 32, 33, 34, and 35, Wis. adm. code.
Police officers working as private security persons are subject to the same licensing
provisions in this section as are nonpolice officers. 69 Atty. Gen. 226.
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.
SUBCHAPTER III
BEHAVIOR ANALYSTS
440.310 Definitions. In this subchapter:
(1) Behavior analyst means a person who is certified by the
Behavior Analyst Certification Board, Inc., as a boardcertified
behavior analyst and has been granted a license under this sub-
chapter to engage in the practice of behavior analysis.
(2) Practice of behavior analysis means the design, imple-
mentation, and evaluation of systematic instructional and envi-
ronmental modifications to produce socially significant improve-
ments in human behavior, including the empirical identification
of functional relations between behavior and environmental fac-
tors, known as functional assessment and analysis, including
interventions based on scientific research and the direct observa-
tion and measurement of behavior and environment. Practice of
behavior analysis does not include psychological testing, neuro-
psychology, psychotherapy, cognitive therapy, sex therapy, mar-
riage counseling, psychoanalysis, hypnotherapy, and longterm
counseling as treatment modalities.
History: 2009 a. 282.
440.311 Use of title; penalty. (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 sub-
chapter. This section may not be construed to restrict the practice
of behavior analysis by a licensed professional who is not a behav-
ior analyst, if the services performed are within the scope of the
professionals practice and are performed commensurate with the
professionals training and experience, and the professional does
not represent that he or she is a behavior analyst.
(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.
History: 2009 a. 282.
440.312 Licensure. (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:
(a) The person submits an application to the department on a
form provided by the department.
(b) The person pays the initial credential fee determined by the
department under s. 440.03 (9) (a).
(c) The person submits evidence satisfactory to the department
that the person is a behavior analyst certified by the Behavior Ana-
lyst Certification Board, Inc., or its successor organization.
(2) The department may not grant a license under this sub-
chapter 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, 944.31, 944.32, 944.33, 944.34, 948.02, 948.025,
948.051, 948.06, 948.07, 948.075, 948.08, 948.09, 948.095,
948.10, 948.11, or 948.12.
History: 2009 a. 282.
440.313 Renewal. (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 pro-
vided by the department and shall include the renewal fee deter-
mined by the department under s. 440.03 (9) (a).
(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.
History: 2009 a. 282.
440.314 Rules. (1) The department may promulgate rules
necessary to administer this subchapter, including rules of con-
duct 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.
(2) The department may promulgate rules authorizing the
department to issue a temporary permit to a person who is certified
49
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).
(3) The rules may not do any of the following:
(a) Require an applicant for a license under this subchapter to
have education in addition to the education required by the Behav-
ior Analyst Certification Board, Inc., or its successor organiza-
tion.
(b) Require a behavior analyst to practice behavior analysis
under the supervision of, or in collaboration with, another health
care provider.
(c) Require a behavior analyst to enter into an agreement, writ-
ten or otherwise, with another health care provider.
(d) Limit the location where a behavior analyst may practice
behavior analysis.
History: 2009 a. 282; 2011 a. 260 ss. 55, 80.
440.315 Informed consent. A behavior analyst shall, at an
initial consultation with a client, provide a copy of the rules pro-
mulgated by the department under this subchapter and shall dis-
close to the client orally and in writing all of the following:
(1) A summary of the behavior analysts experience and train-
ing.
(2) Any other information required by the department by rule.
History: 2009 a. 282.
(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.
department may reprimand a behavior analyst or deny, limit, sus-
pend, 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:
(a) Intentionally made a material misstatement in an applica-
tion for a license or for renewal of a license.
(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.
(c) Advertised in a manner that is false or misleading.
(d) In the course of the practice of behavior analysis, made a
substantial misrepresentation that was relied upon by a client.
(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.
(f) Obtained or attempted to obtain compensation through
fraud or deceit.
(g) Allowed another person to use a license granted under this
subchapter.
(h) Violated any law of this state or federal law that substan-
tially relates to the practice of behavior analysis, violated this sub-
chapter, or violated any rule promulgated under this subchapter.
(i) Engaged in unprofessional conduct.
department shall revoke a license granted under this subchapter if
the behavior analyst is convicted of any of the offenses specified
in 440.312 (2).
History: 2009 a. 282.
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 ana-
lysts.
History: 2009 a. 282.
SUBCHAPTER IV
SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES
(1) Charitable organization means any of the following:
(a) An organization that is described in section 501 (c) (3) of
the internal revenue code and that is exempt from taxation under
section 501 (a) of the internal revenue code.
(b) A person who is or purports to be established for a charita-
ble purpose.
(2) Charitable purpose means any of the following:
(a) A purpose described in section 501 (c) (3) of the internal
revenue code.
(b) A benevolent, educational, philanthropic, humane, scien-
tific, patriotic, social welfare or advocacy, public health, environ-
mental conservation, civic or other eleemosynary objective.
(3) Charitable sales promotion means an advertising or
sales campaign, conducted by a person who is regularly and pri-
marily engaged in trade or commerce for profit other than in con-
nection with soliciting, which represents that the purchase or use
of goods or services offered will benefit, in whole or in part, a
charitable organization or charitable purpose.
(4) Commercial coventurer means a person who is regularly
and primarily engaged in trade or commerce for profit other than
in connection with soliciting and who conducts a charitable sales
promotion.
(5) Contribution means a grant or pledge of money, credit,
property or other thing of any kind or value, except used clothing
or household goods, to a charitable organization or for a charitable
purpose. Contribution does not include income from bingo or
raffles conducted under ch. 563, a government grant, or a bona
fide fee, due or assessment paid by a member of a charitable orga-
nization, except that, if initial membership is conferred solely as
consideration for making a grant or pledge of money in response
to a solicitation, the grant or pledge of money is a contribution.
(6) Fundraising counsel means a person who, for com-
pensation, plans, manages, advises, consults or prepares material
for, or with respect to, solicitation in this state for a charitable orga-
nization, but who does not solicit and who does not employ,
engage or provide any person who is paid to solicit contributions.
Fundraising counsel does not include an attorney, investment
counselor or employee of a financial institution who advises a per-
son to make a contribution or a bona fide employee, volunteer or
salaried officer of a charitable organization.
(7) Professional fundraiser means a person who, for com-
pensation, solicits in this state or employs, engages or provides,
directly or indirectly, another person who is paid to solicit in this
state. Professional fundraiser does not include an attorney,
investment counselor or employee of a financial institution who
advises a person to make a charitable contribution, a bona fide
employee, volunteer, wholly owned subsidiary or salaried officer
of a charitable organization, an employee of a temporary help
agency who is placed with a charitable organization or a bona fide
employee of a person who employs another person to solicit in this
state.
(8) Solicit means to request, directly or indirectly, a con-
tribution and to state or imply that the contribution will be used for
a charitable purpose or will benefit a charitable organization.
(9) Solicitation means the act or practice of soliciting,
whether or not the person soliciting receives any contribution.
Solicitation includes any of the following methods of request-
ing or securing a contribution:
(a) An oral or written request.
(b) An announcement to the news media or by radio, televi-
sion, telephone, telegraph or other transmission of images or
50
information concerning the request for contributions by or for a
charitable organization or charitable purpose.
(c) The distribution or posting of a handbill, written advertise-
ment or other publication which directly or by implication seeks
contributions.
(d) The sale of, or offer or attempt to sell, a membership or an
advertisement, advertising space, book, card, tag, coupon, device,
magazine, merchandise, subscription, flower, ticket, candy,
cookie or other tangible item in connection with any of the follow-
ing:
1. A request for financial support for a charitable organization
or charitable purpose.
2. The use of or reference to the name of a charitable organiza-
tion as a reason for making a purchase.
3. A statement that all or a part of the proceeds from the sale
will be used for a charitable purpose or will benefit a charitable
organization.
(10) Unpaid solicitor means a person who solicits in this
state and who is not a professional fundraiser.
History: 1991 a. 278, 315; 1999 a. 9.
440.42 Regulation of charitable organizations.
(1) ANNUAL REGISTRATION REQUIREMENT. (a) Except as provided
in sub. (5), no charitable organization may solicit in this state or
have contributions solicited in this state on its behalf unless it is
registered with the department under this subsection.
(b) The department shall promptly register a charitable orga-
nization that does all of the following:
1. Submits to the department an application for registration
on a form provided by the department.
2. Submits to the department a registration statement that
complies with sub. (2).
2g. Submits to the department an annual financial report for
the most recently completed fiscal year of the charitable organiza-
tion, if the charitable organization received contributions in
excess of $5,000 but not more than $100,000 during its most
recently completed fiscal year.
2r. Submits to the department an audited financial statement
for the most recently completed fiscal year of the charitable orga-
nization, if the charitable organization received contributions in
excess of $100,000 during its most recently completed fiscal year.
3. Pays to the department a $15 registration fee.
(c) The department shall issue a certificate of registration to
each charitable organization that is registered under this subsec-
tion. Renewal applications shall be submitted to the department,
on a form provided by the department, on or before the expiration
date specified in s. 440.08 (2) (a) and shall include a registration
statement that complies with sub. (2) and the renewal fee deter-
(d) Within 20 days after receiving an application for registra-
tion or for renewal of a registration under this subsection, the
department shall notify the charitable organization of any defi-
ciencies in the application, registration statement or fee payment.
(2) REGISTRATION STATEMENT. Except as provided in sub. (3),
a registration statement required under sub. (1) shall be signed and
sworn to by 2 authorized officers, including the chief fiscal officer,
of the charitable organization and shall include all of the follow-
ing:
(a) The name of the charitable organization and the purpose for
which it is organized.
(b) The address and telephone number of the charitable orga-
nization and the address and telephone number of any offices in
this state or, if the charitable organization does not have an
address, the name, address and telephone number of the person
having custody of its financial records.
(c) The names and the addresses of the officers, directors and
trustees and the principal salaried employees of the charitable
organization.
(f) A statement of whether the charitable organization is autho-
rized by any other governmental authority to solicit.
(g) A statement of whether the charitable organization has ever
had its authority to solicit denied, suspended, revoked or enjoined
by a court or other governmental authority.
(h) The charitable purpose or purposes for which contributions
will be used.
(i) The name or names under which it intends to solicit.
(j) The names of the persons within the charitable organization
who have final responsibility for the custody of contributions.
(k) The names of the persons within the charitable organiza-
tion who are responsible for the final distribution of contributions.
(L) If the registration statement is submitted to the department
with an initial application for registration, all of the following:
1. A copy of the charitable organizations charter, articles of
organization, agreement of association, instrument of trust, con-
stitution or other organizational instrument and bylaws.
2. A statement of the place where and the date when the chari-
table organization was legally established, the form of its orga-
nization and whether it has taxexempt status.
3. Copies of any federal or state tax exemption determination
letters received by the charitable organization.
(m) Any other information required by the department.
(3) ANNUAL FINANCIAL REPORT; AUDIT REQUIREMENT. (a)
Except as provided in pars. (am), (b), and (bm), and in rules pro-
mulgated under sub. (8), a charitable organization that received
contributions in excess of $5,000 during its most recently com-
pleted fiscal year shall file with the department an annual financial
report for the charitable organizations most recently completed
fiscal year. The department shall prescribe the form of the report
and shall prescribe standards for its completion. The annual finan-
cial report shall be filed within 6 months after the end of that fiscal
year and shall include all of the following:
1. A balance sheet.
2. A statement of support, revenue, expenses and changes in
fund balance.
3. A statement of functional expenses that, at a minimum, is
divided into categories of management and general, program ser-
vices and fundraising.
4. Other financial information that the department requires.
(am) A charitable organization that operates solely within one
community and that received less than $50,000 in contributions
during its most recently completed fiscal year may apply to the
department for an exemption from the reporting requirement
under par. (a). The department shall promulgate rules specifying
the criteria for eligibility for an exemption under this paragraph,
and shall grant exemptions from the reporting requirement under
par. (a) to a charitable organization that satisfies those criteria.
(b) Except as provided in rules promulgated under sub. (8), if
a charitable organization received contributions in excess of
$400,000 during its most recently completed fiscal year, the chari-
table organization shall file with the department, in lieu of a report
under par. (a), an audited financial statement for the charitable
organizations most recently completed fiscal year, prepared in
accordance with generally accepted accounting principles, and
the opinion of an independent certified public accountant on the
financial statement. The audited financial statement shall be filed
within 6 months after the end of that fiscal year.
(bm) Except as provided in rules promulgated under sub. (8),
if a charitable organization received contributions in excess of
$200,000 but less than $400,000 during its most recently com-
pleted fiscal year, the charitable organization shall file with the
department, in lieu of a report under par. (a), a financial statement
for the charitable organizations most recently completed fiscal
year, prepared in accordance with generally accepted accounting
principles, and a review of the financial statement by an indepen-
dent certified public accountant. The financial statement shall be
filed within 6 months after the end of that fiscal year.
51
(c) Except as provided in rules promulgated under sub. (8), a
charitable organization that is registered under sub. (1) and that
received $5,000 or less in contributions during its most recently
completed fiscal year shall file with the department an affidavit
that the charitable organization received $5,000 or less in con-
tributions during that fiscal year. The affidavit shall be signed and
sworn to by 2 authorized officers, including the chief fiscal officer,
of the charitable organization and shall be filed within 6 months
after the end of that fiscal year.
(4) ACCEPTANCE OF OTHER INFORMATION. The department may
accept information filed by a charitable organization with another
state or with the federal government instead of the information
required to be included in a registration statement under sub. (2)
if the information filed with the other state or with the federal gov-
ernment is substantially similar to the information required under
this section.
(5) EXEMPTIONS FROM REGISTRATION. (a) The following are
not required to register under sub. (1):
1. A person that is exempt from filing a federal annual infor-
mation return under section 6033 (a) (2) (A) (i) and (iii) and (C)
(i) of the internal revenue code [section 6033 (a) (3) (A) (i) and (iii)
and (C) (i) of the internal revenue code].
NOTE: The correct crossreference is shown in brackets. Corrective legisla-
tion is pending.
2. A candidate for national, state or local office or a political
party or other committee or group required to file financial infor-
mation with the federal elections commission or a filing officer
under s. 11.02.
3. Except as provided in par. (b) and in rules promulgated
under sub. (8), a charitable organization which does not intend to
raise or receive contributions in excess of $5,000 during a fiscal
year, if all of its functions, including solicitation, are performed by
persons who are unpaid for their services and if no part of its assets
or income inures to the benefit of, or is paid to, any officer or mem-
ber of the charitable organization.
3m. A fraternal, civic, benevolent, patriotic or social orga-
nization that solicits contributions solely from its membership.
4. A veterans organization incorporated under ch. 188 or
chartered under federal law or the service foundation of such an
organization recognized in the bylaws of the organization.
5. A nonprofit, postsecondary educational institution accred-
ited by a regional accrediting agency or association approved
under 20 USC 1099b, or an educational institution and its autho-
rized charitable foundations which solicit contributions only from
its students and their families, alumni, faculty, trustees, corpora-
tions, foundations and patients.
6. A person soliciting contributions for the relief of a named
individual if all contributions, without any deductions, are given
to the named individual.
7. A state agency, as defined in s. 20.001 (1), or a local govern-
mental unit, as defined in s. 605.01 (1).
8. A private school, as defined in s. 118.165.
(b) Except as provided in rules promulgated under sub. (8), if
a charitable organization would otherwise be exempt under par.
(a) 3., but it raises or receives more than $5,000 in contributions,
it shall, within 30 days after the date on which its contributions
exceed $5,000, register as required under sub. (1).
(6) REPORTING TAX EXEMPTION OR ORGANIZATIONAL CHANGES.
If a charitable organization registered under sub. (1) receives any
federal or state tax exemption determination letter or adopts any
amendment to its organizational instrument or bylaws after it is
registered under sub. (1), within 30 days after receipt of the letter
or adoption of the amendment, the charitable organization shall
file with the department a copy of the letter or amendment.
(7) CONTRACTS. (a) Before a fundraising counsel performs
any material services for a charitable organization that is required
to be registered under sub. (1), the charitable organization shall
contract in writing with the fundraising counsel, except as pro-
vided in par. (c). Requirements for the contract are specified in s.
440.43 (3).
(b) Before a professional fundraiser performs any material
services for a charitable organization that is required to be regis-
tered under sub. (1), the charitable organization shall contract in
writing with the professional fundraiser. Requirements for the
contract are specified in s. 440.44 (4).
(c) Paragraph (a) does not apply if the fundraising counsel is
exempt under s. 440.43 (6) from contracting in writing with the
charitable organization.
(8) CONTRIBUTION LIMITS. The department may promulgate
rules that adjust the threshold amounts in subs. (3) (a), (b), (bm),
and (c) and (5) (a) 3. and (b) to account for inflation.
History: 1991 a. 278; 1995 a. 27, 277; 2007 a. 20, 213.
Complying With the Charitable Solicitations Act. Sweet & Petershack. Wis. Law.
Oct. 1993.
440.43 Regulation of fundraising counsel. (1) REGIS-
TRATION REQUIREMENT. (a) Except as provided in sub. (6), no
fundraising counsel may at any time have custody of contribu-
tions from a solicitation for a charitable organization that is
required to be registered under s. 440.42 (1) unless the fundrais-
ing counsel is registered with the department under this sub-
section.
(b) The department shall promptly register a fundraising
counsel that does all of the following:
2. Files with the department a bond that is approved under
sub. (2).
3. Pays to the department a $50 registration fee.
each fundraising counsel that is registered under this subsection.
Renewal applications shall be submitted to the department, on a
form provided by the department, on or before the date specified
in s. 440.08 (2) (a) and shall include the renewal fee determined
by the department under s. 440.03 (9) (a) and evidence satisfac-
tory to the department that the fundraising counsel maintains a
bond that is approved under sub. (2).
department shall notify the fundraising counsel of any deficien-
cies in the application, bond or fee payment.
(2) BOND. At the time of applying for registration under sub.
(1), the fundraising counsel shall file with and have approved by
the department a bond, in which the fundraising counsel is the
principal obligor, in the sum of $20,000, with one or more respon-
sible sureties whose liability in the aggregate as sureties at least
equals that sum. The fundraising counsel shall maintain the bond
in effect as long as the registration is in effect. The bond, which
may be in the form of a rider to a larger blanket liability bond, shall
run to the state and to any person who may have a cause of action
against the principal obligor of the bond for any liabilities result-
ing from the obligors conduct of any activities as a fundraising
counsel or arising out of a violation of this subchapter or the rules
promulgated under this subchapter.
(3) CONTRACT. Except as provided in sub. (6), before a fund
raising counsel performs any material services for a charitable
organization that is required to be registered under s. 440.42 (1),
the charitable organization and the fundraising counsel shall
contract in writing and the fundraising counsel shall file the con-
tract with the department. The contract shall contain information
that will enable the department to identify the services that the
fundraising counsel is to provide, including whether the fund
raising counsel will at any time have custody of contributions.
(4) ACCOUNTS; DEPOSITS; RECORD KEEPING. (a) Within 90 days
after services under a contract required under sub. (3) are com-
pleted, and on the anniversary of the signing of a contract lasting
52
more than one year, the fundraising counsel shall account in writ-
ing to the charitable organization with which the fundraising
counsel has contracted for all contributions received and expenses
incurred under the contract. The charitable organization shall
keep the accounting for at least 3 years after the date on which ser-
vices under the contract are completed and make it available to the
department upon request.
(b) The fundraising counsel shall deposit, in its entirety, a
contribution of money received by the fundraising counsel in an
account at a financial institution within 5 days after its receipt.
The account shall be in the name of the charitable organization
with which the fundraising counsel has contracted. The charita-
ble organization shall have sole control of all withdrawals from
the account.
(c) The fundraising counsel shall keep for the duration of a
contract, and for not less than 3 years after its completion, all of
the following:
1. A record of all contributions at any time in the custody of
the fundraising counsel, including the name and address of each
contributor and the date and amount of the contribution.
2. A record of the location and account number of each finan-
cial institution account in which the fundraising counsel deposits
contributions.
(5) DEPARTMENT DISCLOSURE. The department shall not dis-
close information under sub. (4) (c) 1. except to the extent neces-
sary for investigative or law enforcement purposes and except that
the department may, if requested under s. 49.22 (2m), disclose
information regarding the name, address or employer of or finan-
cial information related to an individual to the department of chil-
dren and families or a county child support agency under s. 59.53
(5).
(6) EXCEPTIONS. This section does not apply to a fundraising
counsel who does not intend to earn more than $1,000 per year as
a fundraising counsel, except that a fundraising counsel who
does not intend to earn more than $1,000 but does earn more than
$1,000 in a year shall, beginning 30 days after actually earning
more than $1,000 in a year, comply with sub. (3) and, if the fund
raising counsel at any time has custody of contributions for a char-
itable organization that is required to be registered under s. 440.42
(1), register under sub. (1).
History: 1991 a. 278; 1995 a. 27; 1997 a. 191; 2007 a. 20.
440.44 Regulation of professional fundraisers.
(1) REGISTRATION REQUIREMENT. (a) No professional fundraiser
may solicit in this state for a charitable organization that is
required to be registered under s. 440.42 (1) unless the profes-
sional fundraiser is registered under this subsection.
(b) The department shall promptly register a professional
fundraiser that does all of the following:
2. Files with the department a bond that is approved under
sub. (2).
3. Pays to the department a $50 registration fee, except that
no registration fee is required under this subdivision for an indi-
vidual who is eligible for the veterans fee waiver program under
s. 45.44.
each professional fundraiser that is registered under this subsec-
tion. Renewal applications shall be submitted to the department,
on a form provided by the department, on or before the date speci-
fied in s. 440.08 (2) (a) and shall include the renewal fee deter-
mined by the department under s. 440.03 (9) (a) and evidence sat-
isfactory to the department that the professional fundraiser
maintains a bond that is approved under sub. (2).
department shall notify the professional fundraiser of any defi-
ciencies in the application, bond or fee payment.
(2) BOND. At the time of applying for registration under sub.
(1), a professional fundraiser shall file with and have approved
by the department a bond, in which the professional fundraiser
is the principal obligor, in the sum of $20,000, with one or more
responsible sureties whose liability in the aggregate as sureties at
least equals that sum. If a professional fundraiser does not at any
time have custody of any contributions, the bond shall be in the
sum of $5,000. The professional fundraiser shall maintain the
bond in effect as long as the registration is in effect. The bond,
which may be in the form of a rider to a larger blanket liability
bond, shall run to the state and to any person who may have a cause
of action against the principal obligor of the bond for any liabili-
ties resulting from the obligors conduct of any activities as a pro-
fessional fundraiser or arising out of a violation of this sub-
chapter or the rules promulgated under this subchapter.
(3) SOLICITATION NOTICE. Before performing services under a
contract with a charitable organization that is required to be regis-
tered under s. 440.42 (1), a professional fundraiser shall file with
the department a completed solicitation notice in the form pre-
scribed by the department. The charitable organization on whose
behalf the professional fundraiser is acting shall file with the
department a written confirmation that the solicitation notice and
any accompanying material are true and complete to the best of its
knowledge. The solicitation notice shall include all of the follow-
ing:
(a) A copy of the contract described in sub. (4).
(b) The projected period during which the soliciting will take
place.
(c) The location and telephone number from which the solicit-
ing will be conducted.
(d) The name and residence address of each person responsible
for directing and supervising the conduct of services under the
contract described in sub. (4).
(e) A statement of whether the professional fundraiser will at
any time have custody of contributions.
(f) A full and fair description of the charitable purpose for
which solicitations will be made.
(4) CONTRACT. (a) A professional fundraiser and a charitable
organization that is required to be registered under s. 440.42 (1)
shall enter into a written contract that clearly states the respective
obligations of the professional fundraiser and the charitable
organization and states the amount of gross revenue, raised under
the contract, that the charitable organization will receive. The
amount of the gross revenue that the charitable organization will
receive shall be expressed as a fixed percentage of the gross reve-
nue or as an estimated percentage of the gross revenue, as pro-
vided in pars. (b) to (d).
(b) If the compensation received by the professional fund
raiser is contingent upon the amount of revenue received, the
receive shall be expressed as a fixed percentage of the gross reve-
nue.
(c) If the compensation received by the professional fund
raiser is not contingent upon the amount of revenue received, the
receive shall be expressed as an estimated percentage of the gross
revenue. The estimate shall be reasonable and the contract shall
clearly disclose the assumptions upon which the estimate is based.
The assumptions shall be based upon all of the relevant facts
known to the professional fundraiser regarding the solicitation to
be conducted and upon the past performance of solicitations con-
ducted by the professional fundraiser. If the amount of the gross
revenue that the charitable organization will receive is expressed
as an estimated percentage of the gross revenue, the contract shall
also guarantee that the charitable organization will receive a per-
centage of the gross revenue that is not less than the estimated per-
centage minus 10% of the gross revenue.
(d) The estimated or fixed percentage of the gross revenue that
the charitable organization will receive excludes any amount
53
which the charitable organization is to pay under the contract as
expenses, including the cost of merchandise or services sold or
events staged.
(5) REPORTING CHANGES. Within 7 days after any material
change occurs in information filed with the department under this
section, the professional fundraiser shall report the change, in
writing, to the department.
(7) FINANCIAL REPORT. Within 90 days after completing ser-
vices under a contract described in sub. (4), and on the anniversary
of the signing of a contract described under sub. (4) lasting more
than one year, the professional fundraiser shall, if the charitable
organization is required to be registered under s. 440.42 (1),
account in writing to the charitable organization for all contribu-
tions received and all expenses incurred under the contract. The
charitable organization shall retain the accounting for at least 3
years and make it available to the department upon request.
(8) DEPOSITING CONTRIBUTIONS. A professional fundraiser
shall deposit, in its entirety, a contribution of money received by
the professional fundraiser, on behalf of a charitable organiza-
tion required to be registered under s. 440.42 (1), in an account at
a financial institution within 5 days after its receipt. The account
shall be in the name of the charitable organization. The charitable
organization shall have sole control of all withdrawals from the
account.
(9) RECORD KEEPING. (a) During the period in which a con-
tract described in sub. (4) is in effect and for not less than 3 years
after its completion, a professional fundraiser shall retain all of
the following records:
1. The name and, if known to the professional fundraiser, the
address of each person contributing and the date and amount of the
contribution.
2. The name and residence address of each employee, agent
or other person involved in the solicitation.
3. A record of all contributions that are at any time in the cus-
tody of the professional fundraiser.
4. A record of all expenses incurred by the professional fund
raiser which the charitable organization is required to pay.
5. A record of the location and account number of each finan-
cial institution account in which the professional fundraiser
deposits contributions.
(b) If under a contract described in sub. (4) the professional
fundraiser sells tickets to an event and represents that the tickets
will be donated to an organization for use by others, the profes-
sional fundraiser shall retain for the period specified in par. (a)
1. The name and address of the donors and the number of tick-
ets donated by each donor.
2. The name and address of the organization receiving
donated tickets and the number of donated tickets received by the
organization.
(c) The professional fundraiser shall make all records
described in this subsection available for inspection by the depart-
ment upon request.
(10) NONDISCLOSURE. The department may not disclose infor-
mation under sub. (9) (a) 1. to any person except to the extent nec-
essary for investigative or law enforcement purposes and except
that the department may, if requested under s. 49.22 (2m), disclose
information regarding the name, address or employer of or finan-
cial information related to an individual to the department of chil-
dren and families or a county child support agency under s. 59.53
(5).
History: 1991 a. 278, 315; 1995 a. 27; 1997 a. 191; 2007 a. 20; 2011 a. 209.
440.45 Charitable sales promotions. If a commercial
coventurer conducts a charitable sales promotion on behalf of a
charitable organization that is required to be registered under s.
440.42 (1), the commercial coventurer shall disclose in each
advertisement for the charitable sales promotion the dollar
amount, or percentage of price, per unit of goods or services pur-
chased or used that will benefit the charitable organization or char-
itable purpose. If the actual dollar amount or percentage cannot
reasonably be determined on the date of the advertisement, the
commercial coventurer shall disclose an estimated dollar amount
or percentage. The estimate shall be based upon all of the relevant
facts known to the commercial coventurer and to the charitable
organization regarding the charitable sales promotion.
History: 1991 a. 278.
440.455 Solicitation disclosure requirements.
(1) Except as provided in sub. (4), if a professional fundraiser
or unpaid solicitor solicits a contribution for a charitable organiza-
tion that is required to be registered under s. 440.42 (1), the profes-
sional fundraiser or unpaid solicitor shall, at the time of the solic-
itation or with a written confirmation of a solicitation, prior to
accepting a contribution, make the following disclosures to the
person from whom the contribution is solicited:
(a) The name and location of the charitable organization.
(b) That a financial statement of the charitable organization
disclosing assets, liabilities, fund balances, revenue and expenses
for the preceding fiscal year will be provided to the person upon
request.
(c) A clear description of the primary charitable purpose for
which the solicitation is made.
(2) The financial statement under sub. (1) (b) shall, at a mini-
mum, divide expenses into categories of management and gen-
eral, program services and fundraising. If the charitable orga-
nization is required to file an annual financial report under s.
440.42 (3) (a), the financial statement under sub. (1) (b) shall be
consistent with that annual financial report.
(3) In addition to the requirements under subs. (1) and (2),
except as provided in sub. (4), if a professional fundraiser solicits
on behalf of a charitable organization that is required to be regis-
tered under s. 440.42 (1), all of the following apply:
(a) If a solicitation is made orally, including a solicitation made
by telephone, the professional fundraiser shall send a written
confirmation, within 5 days after the solicitation, to each person
contributing or pledging to contribute. The written confirmation
shall include a clear and conspicuous disclosure of the name of the
professional fundraiser and that the solicitation is being con-
ducted by a professional fundraiser.
(b) The professional fundraiser may not represent that any
part of the contributions received by the professional fundraiser
will be given or donated to a charitable organization unless that
charitable organization has, prior to the solicitation, consented in
writing, signed by 2 authorized officers, directors or trustees of
that other charitable organization, to the use of its name.
(c) The professional fundraiser may not represent that tickets
to an event will be donated to an organization for use by others
unless all of the following conditions are met:
1. The professional fundraiser has a commitment, in writing,
from the organization stating that the organization will accept
donated tickets and specifying the number of donated tickets that
the organization is willing to accept.
2. The professional fundraiser solicits contributions for
donated tickets from no more contributors than the number of
tickets that the organization has agreed to accept under subd. 1.
(4) A charitable organization that operates solely within one
community and that received less than $50,000 in contributions
during its most recently completed fiscal year may apply to the
department for an exemption from the disclosure requirements
under this section. The department shall promulgate rules speci-
fying the criteria for eligibility for an exemption under this para-
graph, and shall grant exemptions from the disclosure require-
ments under this section to a charitable organization that satisfies
those criteria.
History: 1991 a. 278, 315.
54
440.46 Prohibited acts. (1) No person may, in the planning,
management or execution of a solicitation or charitable sales
promotion, do any of the following:
(a) Use an unfair or deceptive act or practice.
(b) Imply that a contribution is for or on behalf of a charitable
organization or use any emblem, device or printed matter belong-
ing to or associated with a charitable organization without first
being authorized in writing to do so by the charitable organization.
(c) Use a name, symbol or statement so closely related or simi-
lar to that used by another charitable organization that the use of
the name, symbol or statement would tend to confuse or mislead
a person being solicited.
(d) Represent or lead anyone in any manner to believe that the
person on whose behalf a solicitation or charitable sales promo-
tion is being conducted is a charitable organization or that the pro-
ceeds of the solicitation or charitable sales promotion will be used
for charitable purposes if that is not the fact.
(e) Lead anyone in any manner to believe that another person
sponsors, endorses or approves a solicitation or charitable sales
promotion if the other person has not sponsored, endorsed or
approved the solicitation or charitable sales promotion in writing.
(f) Use the fact of registration to lead any person to believe that
the registration constitutes an endorsement or approval by the
state.
(g) Represent directly or by implication that a charitable orga-
nization will receive a fixed or estimated percentage of the gross
revenue raised greater than that established under s. 440.44 (4).
(2) In deciding whether an act or practice is unfair or deceptive
within the meaning of sub. (1) (a), definitions, standards and inter-
pretations relating to unfair or deceptive acts or practices under
chs. 421 to 427 apply.
History: 1991 a. 278.
440.47 Administration and investigations. (1) PUBLIC
RECORDS. Except as provided in ss. 440.43 (5) and 440.44 (10),
registration statements, applications, reports, contracts and agree-
ments of charitable organizations, fundraising counsel, profes-
sional fundraisers and unpaid solicitors and all other documents
and information retained by or filed with the department under
this subchapter are available for inspection or copying under s.
19.35 (1).
(2) FISCAL RECORDS; INSPECTION; RETENTION. All charitable
organizations, fundraising counsels, professional fundraisers
and unpaid solicitors shall keep true records concerning activities
regulated by this subchapter in a form that will enable them accu-
rately to provide the information required by this subchapter.
Upon demand, those records shall be made available to the depart-
ment for inspection and copying. The records shall be retained by
the charitable organization, fundraising counsel, professional
fundraiser or unpaid solicitor for at least 3 years after the end of
the fiscal year to which they relate.
(3) EXCHANGE OF INFORMATION. The department may
exchange with the appropriate authority of any other state or of the
United States information with respect to charitable organiza-
tions, fundraising counsel, professional fundraisers, unpaid
solicitors and commercial coventurers.
(4) EXAMINATION OF DOCUMENTS AND WITNESSES. (a) If the
department or the department of justice has reason to believe a
person has violated or is violating this subchapter or the rules pro-
mulgated under this subchapter, it may conduct an investigation
to determine whether the person has violated or is violating those
provisions. The department of justice may subpoena persons and
require the production of books and other documents to aid in its
investigations of alleged violations of this subchapter.
(b) A person upon whom a notice of the taking of testimony
or examination of documents is served under this subsection shall
comply with the terms of the notice unless otherwise provided by
the order of a court of this state.
(c) The department of justice may file in the circuit court for
the county in which a person resides or in which the persons prin-
cipal place of business is located, or in the circuit court for Dane
County if the person is a nonresident or has no principal place of
business in this state, and serve upon the person, a petition for an
order of the court for the enforcement of this subsection. Disobe-
dience of a final order entered under this paragraph by a court is
punishable as a contempt of court under ch. 785.
(5) SUBSTITUTE SERVICE UPON DEPARTMENT OF FINANCIAL
INSTITUTIONS. A charitable organization, fundraising counsel,
professional fundraiser or commercial coventurer that has its
principal place of business outside of this state or is organized
under laws other than the laws of this state and that is subject to
this subchapter shall be considered to have irrevocably appointed
the department of financial institutions as its agent for the service
of process or notice directed to the charitable organization, fund
raising counsel, professional fundraiser or commercial coven-
turer or to any of its partners, principal officers or directors in an
action or proceeding brought under this subchapter. Service of
process or notice upon the department of financial institutions
shall be made by personally delivering to and leaving with the
department of financial institutions a copy of the process or notice.
That service shall be sufficient service if the department of finan-
cial institutions immediately sends notice of the service and a
copy of the process or notice to the charitable organization, fund
raising counsel, professional fundraiser, commercial coventurer
or other person to whom it is directed by registered mail, with
return receipt requested, at the last address known to the depart-
ment of financial institutions.
History: 1991 a. 278; 1995 a. 27.
440.475 Disciplinary actions. (1) The department may
deny, limit, suspend or revoke the registration of a charitable orga-
nization, fundraising counsel or professional fundraiser, or may
reprimand a charitable organization, fundraising counsel or pro-
fessional fundraiser that is registered under this subchapter, if the
department finds that the charitable organization, fundraising
counsel or professional fundraiser has made a false statement in
any registration statement, annual report or other information
required to be filed under, or has otherwise violated, this sub-
chapter or the rules promulgated under this subchapter.
(2) In addition to or in lieu of a reprimand or a denial, limita-
tion, suspension or revocation of a certificate under sub. (1), the
department may assess against any person who violates this sub-
chapter or the rules promulgated under this subchapter a forfeiture
of not less than $100 nor more than $1,000 for each violation.
History: 1991 a. 278.
440.48 Penalties and enforcement. (1) (a) The depart-
ment of justice may bring an action to prosecute a violation of this
subchapter or the rules promulgated under this subchapter, includ-
ing an action for temporary or permanent injunction.
(b) Upon finding that a person has violated this subchapter or
the rules promulgated under this subchapter, the court may make
any necessary order or judgment, including but not limited to
injunctions, restitution and, notwithstanding s. 814.04, award of
reasonable attorney fees and costs of investigation and litigation,
and, except as provided in par. (c), may impose a forfeiture of not
less than $100 nor more than $10,000 for each violation.
(c) 1. A person who violates s. 440.47 (4) (b) may be required
to forfeit not more than $5,000, unless the person establishes rea-
sonable cause for the violation.
2. A person who, with intent to avoid, prevent or interfere
with a civil investigation under this subsection, does any of the
following may be required to forfeit not more than $5,000:
a. Alters or by any other means falsifies, removes from any
place, conceals, withholds, destroys or mutilates any documen-
tary material in the possession, custody or control of a person sub-
ject to notice of the taking of testimony or examination of docu-
ments under s. 440.47 (4).
55
b. Knowingly conceals relevant information.
(d) A charitable organization, fundraising counsel, profes-
sional fundraiser, commercial coventurer or any other person
who violates the terms of an injunction or other order entered
under this subsection may be required to forfeit, in addition to all
other remedies, not less than $1,000 nor more than $10,000 for
each violation. The department of justice may recover the forfei-
ture in a civil action. Each separate violation of an order entered
under this subsection is a separate offense, except that each day of
a violation through continuing failure to obey an order is a sepa-
rate offense.
(e) No charitable organization may indemnify an officer,
employee or director for any costs, fees, restitution or forfeitures
assessed against that individual by the court under par. (b), (c) or
(d) unless the court determines that the individual acted in good
faith and reasonably believed the conduct was in or not opposed
to the best interests of the charitable organization.
(2) The department or the department of justice may accept a
written assurance of discontinuance of any act or practice alleged
to be a violation of this subchapter or the rules promulgated under
this subchapter from the person who has engaged in the act or
practice. The assurance may, among other terms, include a stipu-
lation for the voluntary payment by the person of the costs of
investigation, or of an amount to be held in escrow pending the
outcome of an action or as restitution to aggrieved persons, or
both. The department or department of justice may at any time
reopen a matter in which an assurance of discontinuance is
accepted for further proceedings if the department or department
of justice determines that reopening the matter is in the public
interest.
History: 1991 a. 278.
SUBCHAPTER V
PEDDLERS
440.51 Statewide peddlers licenses for exsoldiers.
Any exsoldier of the United States in any war, who has a 25% dis-
ability or more or has a cardiac disability recognized by the U.S.
department of veterans affairs, and any person disabled to the
extent of the loss of one arm or one leg or more or who has been
declared blind as defined under Title XVI of the social security
act, shall, upon presenting the department proof of these condi-
tions, be granted a special statewide peddlers license without
payment of any fee. The person must have been a bona fide resi-
dent of this state for at least 5 years preceding the application.
While engaged in such business the person shall physically carry
the license and the proof required for its issuance. A blind person
shall also carry an identification photograph which is not more
than 3 years old. A license issued under this section shall not
entitle a blind person to peddle for hire for another person. A
license issued under this section is permanent unless suspended or
revoked by the department.
History: 1977 c. 399; 1989 a. 56; 1991 a. 39.
SUBCHAPTER VI
BARBERING AND COSMETOLOGY SCHOOLS
440.60 Definitions. As used in this subchapter unless the
context requires otherwise:
(1) Aesthetician has the meaning specified in s. 454.01 (1).
(2) Aesthetics has the meaning specified in s. 454.01 (2).
(4e) Barber has the meaning specified in s. 454.20 (1).
(4m) Barbering has the meaning specified in s. 454.20 (2).
(4s) Barbering manager has the meaning specified in s.
454.20 (3).
(5e) Cosmetologist has the meaning specified in s. 454.01
(7e).
(5m) Cosmetology has the meaning specified in s. 454.01
(7m).
(5s) Cosmetology manager has the meaning specified in s.
454.01 (7s).
(6) Electrologist has the meaning specified in s. 454.01 (8).
(7) Electrology has the meaning specified in s. 454.01 (9).
(8) Establishment has the meaning specified in s. 454.01
(10).
(11) Manicuring has the meaning specified in s. 454.01
(13).
(12) Manicurist has the meaning specified in s. 454.01 (14).
(13) Practical instruction means training through action or
direct contact with a patron or model other than a mannequin.
(14) School means any facility, other than a specialty
school, that offers instruction in barbering, cosmetology, aesthet-
ics, electrology, or manicuring.
(15) Specialty school means an establishment that offers
instruction in aesthetics, electrology or manicuring.
(16) Student has the meaning specified in s. 454.01 (15).
(17) Theoretical instruction means training through the
study of principles and methods.
(18) Training hour has the meaning specified in s. 454.01
(16).
History: 1987 a. 265; 2011 a. 190.
440.61 Applicability. This subchapter does not apply to any
of the following:
(1) Schools regulated or approved by the technical college
system board.
(2) Schools operated by the department of health services or
the department of corrections.
History: 1987 a. 265; 1989 a. 31, 107; 1993 a. 399; 1995 a. 27 ss. 6587, 9126 (19);
2007 a. 20 s. 9121 (6) (a).
440.62 School and specialty school licensure.
(1) LICENSE REQUIRED. (a) No person may operate a school
unless the school holds a current license as a school of barbering,
cosmetology, aesthetics, electrology, or manicuring, as appropri-
ate, issued by the department.
(b) No person may operate a specialty school unless the spe-
cialty school holds a current license as a specialty school of aes-
thetics, electrology or manicuring issued by the department.
(c) No school may use the title school of barbering or any
similar title unless the school holds a current school of barbering
license issued by the department.
(cm) No school may use the title school of cosmetology or
any similar title unless the school holds a current school of cos-
metology license issued by the department.
(d) No school may use the title school of aesthetics or any
similar title unless the school holds a current school of aesthetics
(e) No school may use the title school of electrology or any
similar title unless the school holds a current school of electrology
(f) No school may use the title school of manicuring or any
similar title unless the school holds a current school of manicuring
(g) No specialty school may use the title specialty school of
aesthetics or any similar title unless the specialty school holds a
current specialty school of aesthetics license issued by the depart-
ment.
(h) No specialty school may use the title specialty school of
electrology or any similar title unless the specialty school holds
a current specialty school of electrology license issued by the
department.
56
(i) No specialty school may use the title specialty school of
manicuring or any similar title unless the specialty school holds
a current specialty school of manicuring license issued by the
department.
(2) APPLICATIONS; LICENSE PERIOD; CHANGE OF OWNERSHIP. (a)
An application for initial licensure or renewal or reinstatement of
a license under this section shall be submitted to the department
on a form provided by the department and shall be accompanied
by the applicable fee determined by the department under s.
440.03 (9) (a). Each application shall be accompanied by a surety
bond acceptable to the department in the minimum sum of
$25,000 for each location.
(b) The department may require additional information to be
submitted to accompany or supplement an application if the
department determines that the information is necessary to evalu-
ate whether the school or specialty school meets the requirements
in this subchapter.
(c) The department may require a school or specialty school
to submit with an application a current balance sheet and income
statement audited and certified by an independent auditor or certi-
fied public accountant. If the department receives a request to
inspect a balance sheet, income statement or audit report, the
department shall, before permitting an inspection, require the per-
son requesting inspection to provide his or her full name and, if the
person is representing another person, the full name and address
of that person. Within 48 hours after permitting an inspection, the
department shall mail to the person who submitted the balance
sheet, income statement or audit report a notification that states
the full name and address of the person who inspected the docu-
ment and the full name and address of any person represented by
the person who inspected the document. This paragraph does not
apply to inspection requests made by state or federal officers,
agents or employees which are necessary to the discharge of the
duties of their respective offices.
(d) Any change of ownership shall be reported to the depart-
ment by the new owner within 5 days after the change of owner-
ship. A change of ownership shall be submitted to the department
on a form provided by the department and shall be accompanied
by the change of ownership fee specified by the department by
rule.
(e) The department shall promulgate rules establishing the
requirements for surety bonds under par. (a).
(3) SCHOOL LICENSES. (ag) School of barbering. The depart-
ment shall issue a school of barbering license to each school that
meets all of the following requirements:
1. Satisfies the conditions in sub. (2).
2. Requires as a prerequisite to graduation completion of a
course of instruction in barbering of at least 1,000 training hours
in not less than 10 months. The course of instruction may not
exceed 8 training hours in any one day for any student or 48 hours
in any one week for any student.
3. If the school offers a course of theoretical instruction for
barbering managers, requires as a prerequisite to completion of
that course of instruction the completion of at least 150 training
hours of theoretical instruction.
apprentices under s. 454.26, requires as a prerequisite to comple-
tion of the course of instruction for those apprentices the comple-
tion of at least 288 training hours in not less than 9 weeks and not
more than 2 years.
5. Satisfies the requirements for schools of barbering estab-
lished in rules promulgated under subs. (2) (e) and (5) (b) 2. and
s. 440.64 (1) (b).
(ar) School of cosmetology license. The department shall issue
a school of cosmetology license to each school that meets all of the
following requirements:
course of instruction in cosmetology of at least 1,800 training
hours in not less than 10 months. The course of instruction may
not exceed 8 training hours in any one day for any student or 48
hours in any one week for any student.
cosmetology managers, requires as a prerequisite to completion
of that course of instruction the completion of at least 150 training
hours of theoretical instruction.
apprentices under s. 454.10, requires as a prerequisite to comple-
tion of the course of instruction for those apprentices the comple-
tion of at least 288 training hours in not less than 9 weeks and not
more than 2 years.
4m. If the school offers a course of instruction in barbering,
the course of instruction satisfies the requirements under par. (ag)
2.
5. If the school offers a course of instruction in aesthetics, the
course of instruction satisfies the requirements under par. (b) 2.
6. If the school offers a course of instruction in electrology,
the course of instruction satisfies the requirements under par. (c)
2.
7. If the school offers a course of instruction in manicuring,
the course of instruction satisfies the requirements under par. (d)
2.
8. Satisfies the requirements for schools of cosmetology
established in rules promulgated under subs. (2) (e) and (5) (b) 1.
and s. 440.64 (1) (b).
(b) School of aesthetics license. The department shall issue a
school of aesthetics license to each school that meets the follow-
ing requirements:
course of instruction in aesthetics of at least 450 training hours in
not less than 11 weeks and not more than 30 weeks.
3. Satisfies the requirements for schools of aesthetics estab-
lished in rules promulgated under subs. (2) (e) and (5) (b) and s.
440.64 (1) (b).
(c) School of electrology license. The department shall issue
a school of electrology license to each school that meets the fol-
lowing requirements:
course of instruction in electrology of at least 450 training hours
in not less than 11 weeks and not more than 30 weeks.
3. Satisfies the requirements for schools of electrology estab-
440.64 (1) (b).
(d) School of manicuring license. The department shall issue
a school of manicuring license to each school that meets the fol-
lowing requirements:
course of instruction in manicuring of at least 300 training hours
3. Satisfies the requirements for schools of manicuring estab-
440.64 (1) (b).
(4) SPECIALTY SCHOOL LICENSES. (a) Specialty school of aes-
thetics license. The department shall issue a specialty school of
aesthetics license to each specialty school that meets the following
requirements:
course of instruction in aesthetics of at least 450 training hours in
not less than 11 weeks and not more than 30 weeks.
57
3. Satisfies the requirements for specialty schools of aesthet-
ics established in rules promulgated under subs. (2) (e) and (5) (b)
and s. 440.64 (1) (b).
(b) Specialty school of electrology license. The department
shall issue a specialty school of electrology license to each spe-
cialty school that meets the following requirements:
course of instruction in electrology of at least 450 training hours
3. Satisfies the requirements for specialty schools of electrol-
ogy established in rules promulgated under subs. (2) (e) and (5)
(b) and s. 440.64 (1) (b).
(c) Specialty school of manicuring license. The department
shall issue a specialty school of manicuring license to each spe-
cialty school that meets the following requirements:
course of instruction in manicuring of at least 300 training hours
3. Satisfies the requirements for specialty schools of manicur-
ing established in rules promulgated under subs. (2) (e) and (5) (b)
and s. 440.64 (1) (b).
(5) REQUIREMENTS FOR COURSES OF INSTRUCTION. (a) No spe-
cialty school may offer theoretical instruction for managers or
apprentices.
(b) 1. The cosmetology examining board shall promulgate
rules prescribing the subjects required to be included in courses of
instruction at schools of cosmetology and specialty schools and
establishing minimum standards for courses of instruction and
instructional materials and equipment at schools of cosmetology
and specialty schools.
2. The department shall promulgate rules prescribing the sub-
jects required to be included in courses of instruction at schools
of barbering and establishing minimum standards for courses of
instruction and instructional materials and equipment at schools
of barbering.
History: 1987 a. 265; 1991 a. 39; 2007 a. 20; 2011 a. 190.
Crossreference: See also chs. SPS 60, 61, 62, and 65, and Wis. adm. code.
440.63 Persons providing practical instruction in
schools. (1) INSTRUCTOR CERTIFICATION REQUIRED. (a) No per-
son may provide practical instruction in barbering unless the per-
son holds a current barbering instructor or cosmetology instructor
certificate issued by the department.
(am) No person may provide practical instruction in cosmetol-
ogy unless the person holds a current cosmetology instructor cer-
tificate issued by the department.
(b) No person may provide practical instruction in aesthetics
unless the person holds a current aesthetics instructor or cosmetol-
ogy instructor certificate issued by the department.
(c) No person may provide practical instruction in electrology
unless the person holds a current electrology instructor certificate
issued by the department.
(d) No person may provide practical instruction in manicuring
unless the person holds a current manicuring instructor or cos-
metology instructor certificate issued by the department.
(2) APPLICATIONS; CERTIFICATION PERIOD. An application for
initial certification or renewal or reinstatement of a certificate
under this section shall be submitted to the department on a form
provided by the department. An application for initial certifica-
tion shall include the initial credential fee determined by the
department under s. 440.03 (9) (a). Renewal applications shall be
submitted to the department on a form provided by the department
on or before the applicable renewal date specified under s. 440.08
(2) (a) and shall include the applicable renewal fee determined by
the department under s. 440.03 (9) (a), and the applicable penalty
for late renewal under s. 440.08 (3) if the application is submitted
late.
(3) INSTRUCTOR CERTIFICATIONS. (a) Barbering instructor cer-
tification. The department shall issue a barbering instructor certif-
icate to each person who meets all of the following requirements:
2. Completes 2,000 hours of practice as a licensed barber or
holds a current barbering manager license issued by the depart-
ment.
3. Completes 150 training hours of instructor training
approved by the department.
4. Passes an examination conducted by the department to
determine fitness as a barbering instructor.
(am) Cosmetology instructor certification. The department
shall issue a cosmetology instructor certificate to each person who
meets all of the following requirements:
2. Completes 2,000 hours of practice as a licensed cosmetolo-
gist or holds a current cosmetology manager license issued by the
cosmetology examining board.
3. Completes 150 training hours of instructor training
approved by the department.
determine fitness as a cosmetology instructor.
(b) Aesthetics instructor certification. The department shall
issue an aesthetics instructor certificate to each person who meets
the following requirements:
2. Completes 2,000 hours of practice as a licensed aestheti-
cian and 150 training hours of instructor training approved by the
department.
determine fitness as an aesthetics instructor.
(c) Electrology instructor certification. The department shall
issue an electrology instructor certificate to each person who
meets the following requirements:
2. Completes 2,000 hours of practice as a licensed electrolo-
gist and 150 training hours of instructor training approved by the
department.
determine fitness as an electrology instructor.
(d) Manicuring instructor certification. The department shall
issue a manicuring instructor certificate to each person who meets
the following requirements:
2. Completes 2,000 hours of practice as a licensed manicurist
and 150 training hours of instructor training approved by the
department.
determine fitness as a manicuring instructor.
3. Passes an examination conducted by the department to determine fitness
as an aesthetics instructor.
History: 1987 a. 265; 1989 a. 31; 1991 a. 39; 2007 a. 20; 2011 a. 190.
440.635 Persons providing practical instruction in
specialty schools. (1) No person may provide practical
instruction in a specialty school of aesthetics unless the person
holds a current cosmetology manager license issued by the cos-
metology examining board or a current cosmetology instructor or
aesthetics instructor certificate issued by the department.
(2) No person may provide practical instruction in a specialty
school of electrology unless the person holds a current electrolo-
gist license and a current cosmetology manager license issued by
the cosmetology examining board or an electrology instructor cer-
(3) No person may provide practical instruction in a specialty
school of manicuring unless the person holds a current cosmetol-
ogy manager license issued by the cosmetology examining board
58
or a current cosmetology instructor or manicuring instructor cer-
History: 1987 a. 265; 2011 a. 190.
440.64 Regulation of schools and specialty schools.
(1) DUTIES OF DEPARTMENT. (a) The department shall investigate
the adequacy of the courses of instruction and instructional mate-
rials and equipment at schools and specialty schools and review
those courses of instruction, instructional materials, and equip-
ment for compliance with minimum standards established by
rules of the department or cosmetology examining board, as
appropriate.
(b) The department shall promulgate rules:
1. Establishing standards and criteria to prevent fraud and
misrepresentation in the sale and advertising of courses and
courses of instruction.
2. Regulating the negotiability of promissory instruments
received by schools and specialty schools in payment of tuition
and other charges.
3. Establishing minimum standards for the refund of portions
of tuition, fees and other charges if a student does not enter a
course or course of instruction or withdraws or is discontinued
from a course or course of instruction.
4. Requiring schools and specialty schools to furnish infor-
mation to the department concerning their facilities, curricula,
instructors, registration and enrollment policies, enrollment ros-
ters, student training hours, contracts, financial records, tuition
and other charges and fees, refund policies and policies concern-
ing the negotiability of promissory instruments received in pay-
ment of tuition and other charges.
(2) AUDITORS AND INSPECTORS. (a) The department shall
appoint auditors and inspectors under the classified service to
audit and inspect schools and specialty schools.
(b) An auditor or inspector appointed under par. (a) may enter
and audit or inspect any school or specialty school at any time dur-
ing business hours.
(3) INVESTIGATIONS, HEARINGS, REPRIMANDS, DENIALS, LIMITA-
TIONS, SUSPENSIONS AND REVOCATIONS. (a) Subject to the rules
promulgated under s. 440.03 (1), the department may make inves-
tigations or conduct hearings to determine whether a violation of
this subchapter or any rule promulgated under this subchapter has
occurred.
(b) Subject to the rules promulgated under s. 440.03 (1), the
department may reprimand a licensee or certified instructor or
deny, limit, suspend or revoke a license or certificate under this
subchapter if it finds that the applicant, licensee or certified
instructor has done any of the following:
1. Made a material misstatement in an application for licen-
sure, certification or renewal.
2. Advertised in a manner which is false, deceptive or mis-
leading.
3. Violated this subchapter or any rule promulgated under this
subchapter.
(c) In addition to or in lieu of a reprimand or denial, limitation,
suspension or revocation of a license or certificate under par. (b),
the department may assess against a school, specialty school or
instructor a forfeiture of not less than $100 nor more than $5,000
for each violation enumerated under par. (b).
History: 1987 a. 265; 2011 a. 190.
Crossreference: See also chs. SPS 60, 61, 62, and 65, Wis. adm. code.
SUBCHAPTER VII
CREMATORY AUTHORITIES
440.70 Definitions. As used in this subchapter:
(1) Authorization form means a form specified in s. 440.73.
(3) Business entity has the meaning given in s. 452.01 (3j).
(4) Columbarium means a building, structure, or part of a
building or structure that is used or intended to be used for the
inurnment of cremated remains.
(5) Cremated remains means human remains recovered
from the cremation of a human body or body part and the residue
of a container or foreign materials that were cremated with the
body or body part.
(6) Cremation means the process of using heat to reduce
human remains to bone fragments and includes processing or pul-
verizing the bone fragments.
(7) Cremation chamber means an enclosed space within
which cremation takes place.
(8) Crematory means a building or portion of a building
within which a cremation chamber is located.
(9) Crematory authority means a person who owns or oper-
ates a crematory.
(10) Funeral director has the meaning given in s. 445.01 (5).
(11) Funeral establishment has the meaning given in s.
445.01 (6).
(12) Human remains means the body or part of the body of
a deceased individual.
(14) Niche means a space in a columbarium that is used or
intended to be used for the inurnment of cremated remains.
History: 2005 a. 31, 254.
440.71 Registration; renewal. (1) PROHIBITION. No per-
son may cremate human remains unless the department has regis-
tered the person as a crematory authority under sub. (2).
(2) REGISTRATION. The department shall register a person as
a crematory authority if the person does all of the following:
(a) Pays the initial credential fee determined by the department
under s. 440.03 (9) (a).
(b) Submits an application on a form provided by the depart-
ment that includes all of the following:
1. The name and address of the applicant or the business entity
that the applicant represents.
2. The address of the crematory.
3. A description of the structure and equipment proposed to
be used in operating the crematory.
4. Any other information that the department may require.
(3) RENEWAL. Renewal applications shall be submitted to the
department on a form provided by the department on or before the
applicable renewal date specified under s. 440.08 (2) (a) and shall
include the applicable renewal fee determined by the department
under s. 440.03 (9) (a).
History: 2005 a. 31; 2007 a. 20.
440.73 Authorization forms. A person who is authorized to
direct the cremation of the human remains of a decedent may do
so only by completing a form that includes all of the following:
(1) The name of the decedent and the date and time of the
decedents death.
(2) The name of the person directing the cremation and his or
her relationship to the decedent.
(3) A statement that the person directing the cremation has the
authority to direct the cremation.
(4) A statement that the person directing the cremation has no
reason to believe that the decedents remains contain a device that
may be hazardous or cause damage to the cremation chamber or
an individual performing the cremation.
(5) The name of the funeral director, funeral establishment, or
cemetery that the person directing the cremation authorizes to
receive the cremated remains or, if alternative arrangements are
made for receiving the cremated remains, a description of those
arrangements.
(6) If known by the person directing the cremation, the man-
ner in which the cremated remains are to be disposed.
59
(7) An itemized list of valuables on the decedents person that
are to be removed prior to cremation and returned to the person
directing the cremation.
(8) If a viewing or other services are planned, the date and time
of the viewing or services.
(9) The signature of the person directing the cremation attest-
ing to the accuracy of the representations contained on the form.
440.75 Liability of a person who directs the cremation
of human remains. A person who directs the cremation of
human remains is liable for damages resulting from authorizing
the cremation of the human remains of a decedent.
440.76 Revocation of authorization. Before a cremation
is performed, a person directing the cremation of human remains
may cancel the cremation by providing the crematory authority
with a written statement revoking the authorization form. A per-
son who revokes an authorization form shall provide the crema-
tory authority with written instructions regarding the final disposi-
tion of the human remains.
440.77 Delivery and acceptance of human remains.
(1) RECEIPT FOR DELIVERY. A crematory authority that receives
human remains from a person shall provide the person with a
receipt that includes all of the following:
(a) The name of the decedent.
(b) The date and time that the human remains were delivered.
(c) A description of the type of casket or container in which the
human remains were delivered.
(d) The name of the person who delivered the human remains
and the name of the funeral establishment or other business entity,
if any, with which the person is affiliated.
(e) The name of the person who received the human remains
on behalf of the crematory authority and the name of the funeral
establishment or other business entity, if any, with which the cre-
matory authority is affiliated.
(f) The signature of the person who delivered the human
remains.
(g) The signature of the person who received the human
remains on behalf of the crematory authority.
(2) ACCEPTANCE OF HUMAN REMAINS. (a) A crematory author-
ity may not refuse to accept delivery of human remains solely on
the basis that the human remains have not been placed in a casket
or have not been embalmed.
(b) A crematory authority may refuse to accept delivery of
human remains if any of the following apply:
1. The casket or other container used for the human remains
has evidence of leakage of bodily fluids.
2. The crematory authority has knowledge of a dispute
regarding the cremation of the human remains, unless the crema-
tory authority receives a copy of a court order or other documenta-
tion indicating that the dispute has been resolved.
3. The crematory authority has reason to believe that a repre-
sentation of the person directing the cremation of human remains
is not true.
4. The crematory authority has reason to believe that the
human remains contain a device that may be hazardous or cause
damage to the cremation chamber or an individual performing the
cremation.
440.78 Cremation requirements. (1) DOCUMENTATION. A
crematory authority may not cremate the human remains of a
decedent unless the authority has received all of the following:
(a) A completed authorization form.
(b) A copy of the cremation permit issued under s. 979.10 (1)
(a).
(c) If a report for final disposition of a human corpse is required
under s. 69.18 (3), a copy of the report.
(2) HOLDING FACILITY. (a) Upon accepting delivery of human
remains, a crematory authority shall place the human remains in
a holding facility until they are cremated, except that, if the crema-
tory authority obtains knowledge of a dispute regarding the
cremation of the human remains, the crematory authority may,
until the dispute is resolved, return the human remains to the per-
son who delivered the human remains or the funeral establishment
or other business entity with which that person is affiliated, neither
of which may refuse to accept the human remains.
(b) A crematory authority shall restrict access to a holding
facility to authorized personnel.
(3) CASKETS AND OTHER CONTAINERS. (a) A crematory author-
ity may not require human remains to be placed in a casket before
cremation or to be cremated in a casket.
(b) Unless a crematory authority obtains the prior written con-
sent of the person directing the cremation, and except as provided
in par. (c), a crematory authority shall cremate with human
remains the casket or other container holding the human remains
or destroy the casket or other container.
(c) A container may be used to hold human remains that are
to be cremated only if the container is composed of readily com-
bustible materials that are resistant to leakage and spillage, has the
ability to be closed for complete covering of the human remains,
is sufficiently rigid to provide ease in handling, and is able to pro-
tect the health and safety of crematory personnel.
(4) VIEWINGS OR OTHER SERVICES. A crematory authority may
not cremate human remains before the date and time specified in
an authorization form under s. 440.73 (8).
(5) SIMULTANEOUS CREMATION. A crematory authority may
not simultaneously cremate the human remains of more than one
decedent within the same cremation chamber unless the crema-
tory authority receives the prior written consent of the person
directing the cremation of each decedent.
(6) RESIDUE REMOVAL. Upon completion of each cremation,
a crematory authority shall, insofar as practicable, remove all of
the cremated remains from the cremation chamber.
(7) CONTAINERS FOR CREMATED REMAINS. A container may be
used to hold cremated remains only if all of the following are satis-
fied:
(a) Except as provided in sub. (8), the container is a single con-
tainer of sufficient size to hold the cremated remains.
(b) The container may be closed in a manner that prevents the
entrance of foreign materials and prevents leakage or spillage of
the cremated remains.
(8) EXCESS REMAINS; ADDITIONAL CONTAINER. If cremated
remains that a crematory authority recovers from a cremation
chamber do not fit within the container that the person who
directed the cremation has selected, the crematory authority shall
return the remainder of the human remains in a separate container
to the person who directed the cremation or to that persons desig-
nee.
(9) IDENTIFICATION SYSTEM. A crematory authority shall
maintain an identification system that ensures the identity of
human remains throughout all phases of the cremation process.
440.79 Deliveries of cremated remains. A crematory
authority may deliver cremated remains to another person only by
making the delivery in person or by using a delivery service that
has a system for tracking the delivery. The crematory authority
shall obtain a signed receipt from the person to whom the cre-
mated remains are delivered. The crematory authority shall
ensure that the receipt includes all of the following:
(1) The name of the decedent.
60
(2) The date and time that the cremated remains were deliv-
ered.
(3) The name and signature of the person to whom the cre-
mated remains were delivered and the name of the funeral estab-
lishment or other business entity, if any, with which the person is
affiliated.
(4) The name and signature of the person who delivered the
cremated remains on behalf of the crematory authority.
History: 2005 a. 31, 254.
440.80 Disposition of cremated remains. (1) RESPONSI-
BLE PARTY. (a) Except as provided in par. (b), the person directing
the cremation is responsible for determining the manner in which
cremated remains are disposed.
(b) If the person directing the cremation fails to determine the
manner in which cremated remains are disposed, the crematory
authority shall, no sooner than 30 days after cremation, deliver the
cremated remains to the person who delivered the human remains
to the crematory authority for cremation or the funeral establish-
ment or other business entity with which that person is affiliated,
neither of which may refuse to accept the cremated remains. No
sooner than 60 days after the cremated remains are delivered
under this paragraph, the person to whom they are delivered may
determine the manner in which the cremated remains are disposed
and shall make a written record of any determination that is made.
(c) The person directing the cremation or the decedents estate,
or both, are liable for all reasonable expenses incurred in deliver-
ing and disposing of cremated remains under par. (b).
(2) MANNER OF DISPOSITION. A person may dispose of cre-
mated remains only in one of the following manners:
(a) Placing the remains in a grave, niche, or crypt.
(b) Disposing of the remains in any other lawful manner, but
only if the remains are reduced to a particle size of oneeighth inch
or less.
(3) COMMINGLING. Without the prior written consent of each
person directing the cremation, no person may place cremated
remains of more than one individual in the same container.
(4) PROHIBITED SALES. A crematory authority may not do any
of the following:
(a) Sell any material or device, including a prosthetic or medi-
cal device of a decedent, that is obtained from cremating the
human remains of the decedent.
(b) Resell any casket or other container that has been used for
cremating human remains.
440.81 Records. (1) A crematory authority shall maintain a
permanent record of each cremation at its place of business con-
sisting of the name of the decedent, the date of the cremation, and
a description of the manner in which the cremated remains are dis-
posed.
(2) A crematory authority shall maintain as permanent records
the documentation specified in s. 440.78 (1) and copies of receipts
under ss. 440.77 (1) and 440.79.
440.82 Exemptions from liability. (1) Except as provided
in sub. (2), a crematory authority is immune from civil liability for
damages resulting from cremating human remains, including
damages to prosthetic or medical devices or valuables of the dece-
dent, if the authority has complied with the requirements of this
subchapter.
(2) A crematory authority is liable for damages resulting from
the authoritys intentional misconduct, negligent conduct, or fail-
ure to return valuables specified on an authorization form under
s. 440.73 (7).
440.83 Electronic transmission permitted. Any state-
ment required to be in writing under s. 440.76, 440.78 (3) (b) or
(5), or 440.80 (3) may be transmitted by facsimile.
440.84 Rules. The department may promulgate rules inter-
preting or administering the requirements of this subchapter.
440.85 Discipline. (1) Subject to the rules promulgated
under s. 440.03 (1), the department may make investigations,
including inspections, or conduct hearings to determine whether
a violation of this subchapter or any rule promulgated under this
subchapter has occurred.
department may reprimand an individual registered under this
subchapter or deny, limit, suspend, or revoke a registration under
this subchapter if the department finds that the applicant or indi-
vidual has done any of the following:
(a) Made a material misstatement in an application for a regis-
tration or renewal of a registration.
(b) Engaged in conduct while practicing as a crematory author-
ity that evidences a lack of knowledge or ability to apply profes-
sional principles or skills.
(c) Subject to ss. 111.321, 111.322, and 111.335, been arrested
or convicted of an offense committed while registered under this
subchapter.
(d) Advertised in a manner that is false, deceptive, or mislead-
ing.
(e) Advertised, practiced, or attempted to practice as a crema-
tory authority under another persons name.
(f) Violated this subchapter or a rule promulgated under this
subchapter.
440.86 Penalties. (1) Any person who violates this sub-
chapter or a rule promulgated under this subchapter may be fined
not more than $1,000 or imprisoned for not more than 6 months
or both.
(2) In addition to or in lieu of the penalties under sub. (1) and
the remedies under s. 440.85 (2), any person who violates this sub-
chapter or a rule promulgated under this subchapter may be
required to forfeit not more than $1,000 for each violation. Each
day of continued violation constitutes a separate violation.
440.87 Exceptions. This subchapter does not apply to a per-
son who is performing his or her duties as an officer of a public
institution, medical school, medical college, county medical soci-
ety, anatomical association, or accredited college of embalming,
or to a person acting in accordance with a statute prescribing the
conditions under which donated or indigent dead human bodies
are held subject for anatomical study, or to a person who is acting
according to the burial customs or rites of a religious sect to which
the person belongs or subscribes.
SUBCHAPTER VIII
SUBSTANCE ABUSE COUNSELORS,
CLINICAL SUPERVISORS,
AND PREVENTION SPECIALISTS
440.88 Substance abuse counselors, clinical supervi-
sors, and prevention specialists. (1) DEFINITIONS. In this
subchapter:
61
(a) Clinical supervisor means a clinical supervisorintrain-
ing, an intermediate clinical supervisor, or an independent clinical
supervisor.
(am) Prevention specialist means a prevention specialist
intraining or a prevention specialist.
(b) Substance abuse counselor means a substance abuse
counselorintraining, a substance abuse counselor, or a clinical
substance abuse counselor.
(2) CERTIFICATION. Except as provided in sub. (3m) and s.
440.12 or 440.13, the department shall certify as a substance abuse
counselor, a clinical supervisor, or a prevention specialist any
individual who satisfies the applicable conditions in sub. (3) and
who has presented evidence satisfactory to the department that
applicable certification standards and qualification of the depart-
ment, as established by rule, have been met.
(3) CERTIFICATION; STANDARDS AND QUALIFICATIONS. (a) Sub-
ject to pars. (b) and (c) and except as provided in sub. (3m), the
department shall promulgate rules that establish minimum stan-
dards and qualifications for the certification of all of the follow-
ing, including substance abuse counselors and clinical super-
visors described under s. HFS 75.02 (11) and (84), Wis. Adm.
Code, in effect on December 15, 2006:
1. Substance abuse counselorsintraining.
2. Substance abuse counselors.
3. Clinical substance abuse counselors.
4m. Clinical supervisorsintraining.
5. Intermediate clinical supervisors.
6. Independent clinical supervisors.
7. Prevention specialistsintraining.
8. Prevention specialists.
(b) Rules promulgated under par. (a) shall include standards
based on demonstrated requisite competency, knowledge, skills,
and attitudes of professional practice that are culturally competent
and evidencebased.
(c) Before the department may promulgate rules under par. (a),
the department shall appoint a certification review committee
under s. 227.13 and shall consult with the certification review
committee on the proposed rules.
(3m) EXCEPTION. This section does not apply to a physician,
as defined in s. 448.01 (5), a clinical social worker, as defined in
s. 457.01 (1r), or a licensed psychologist, as defined in s. 455.01
(4), who practices as a substance abuse clinical supervisor or pro-
vides substance abuse counseling, treatment, or prevention ser-
vices within the scope of his or her licensure.
(4) APPLICATIONS; CERTIFICATION PERIOD. An application for
certification as a substance abuse counselor, clinical supervisor,
or prevention specialist under this section shall be made on a form
provided by the department and filed with the department and
shall be accompanied by the initial credential fee determined by
the department under s. 440.03 (9) (a). The renewal date for certi-
fication as a substance abuse counselor, clinical supervisor, or pre-
vention specialist is specified under s. 440.08 (2) (a) and the
renewal fee for such certifications is determined by the depart-
ment under s. 440.03 (9) (a). Renewal of certification as a sub-
stance abuse counselorintraining, a clinical supervisorin
training, or a prevention specialistintraining may be made only
twice.
(5) CERTIFICATION REQUIRED. Except as provided in sub. (3m)
and s. 257.03, no person may represent himself or herself to the
public as a substance abuse counselor, clinical supervisor, or pre-
vention specialist or a certified substance abuse counselor, clinical
supervisor, or prevention specialist or use in connection with his
or her name a title or description that conveys the impression that
he or she is a substance abuse counselor, clinical supervisor, or
prevention specialist or a certified substance abuse counselor,
clinical supervisor, or prevention specialist unless he or she is so
certified under sub. (2).
(6) REVOCATION, DENIAL, SUSPENSION, OR LIMITATION OF CERTI-
FICATION. The department may, after a hearing held in conformity
with chapter 227, revoke, deny, suspend, or limit under this sub-
chapter the certification of any substance abuse counselor, clinical
supervisor, or prevention specialist or reprimand the substance
abuse counselor, clinical supervisor, or prevention specialist, for
practice of fraud or deceit in obtaining the certification or any
unprofessional conduct, incompetence, or professional negli-
gence.
(7) RECIPROCAL CERTIFICATION. The department may, upon
application and payment of the required fee, issue certification as
a substance abuse counselor, clinical supervisor, or prevention
specialist to an individual who holds a similar unexpired certifica-
tion issued to the individual by another state for which the require-
ments for certification are of a standard that is not lower than that
specified in this subchapter.
(8) CERTIFICATION OTHER THAN BY DEPARTMENT PROHIBITED.
No entity other than the department may certify substance abuse
counselors, clinical supervisors, or prevention specialists.
(9) CONTINUING EDUCATION. The department may do all of the
following:
(a) Establish the minimum number of hours of continuing
education required for renewal of certification under this section
and the topic areas that the continuing education must cover.
(b) Require continuing education as part of any disciplinary
process for an individual.
(10) CONTINUING EDUCATION COURSE APPROVAL. The depart-
ment shall establish the criteria for the approval of continuing
education programs and courses required for renewal of certifica-
tion of a substance abuse counselor, clinical supervisor, or preven-
tion specialist and the criteria for the approval of the sponsors and
cosponsors of those continuing education programs and courses.
The department shall approve continuing education programs and
courses in accordance with the criteria established under this sub-
section.
(11) SCOPE OF PRACTICE. The department shall promulgate
rules establishing minimum standards for the practice of sub-
stance abuse counseling, supervision, and prevention.
History: 2005 a. 25; 2005 a. 96 s. 4m; 2005 a. 254 s. 37; 2005 a. 407; 2007 a. 20,
99; 2009 a. 42.
Crossreference: See also chs. SPS 160, 161, 162, 163, 164, 165, 166, 167, and
168, Wis. adm. code.
SUBCHAPTER IX
CEMETERY AUTHORITIES, SALESPERSONS AND
PRENEED SELLERS
(1b) Board means the cemetery board.
(1c) Business day has the meaning given in s. 421.301 (6).
(2) Cemetery authority has the meaning given in s. 157.061
(2).
(3) Cemetery merchandise has the meaning given in s.
157.061 (3).
(4) Human remains has the meaning given in s. 157.061 (8).
(4m) Licensed cemetery authority means a cemetery
authority that is licensed under s. 440.91 (1).
(4r) Licensee means a person licensed under this sub-
chapter.
(5) Mausoleum has the meaning given in s. 157.061 (9).
(6) Mausoleum space has the meaning given in s. 157.061
(10).
(6m) Payment of principal has the meaning given in s.
157.061 (11r).
(7) Preneed sales contract has the meaning given in s.
157.061 (12).
62
(8) Preneed seller means an individual who sells or solicits
the sale of cemetery merchandise or an undeveloped space under
a preneed sales contract or, if such an individual is employed by
or acting as an agent for a cemetery authority or any other person,
the cemetery authority or other person.
(9) Preneed trust fund has the meaning given in s. 157.061
(13).
(10) Public mausoleum has the meaning given in s. 157.061
(14).
(11) Sale has the meaning given in s. 157.061 (16).
(12) Undeveloped space has the meaning given in s.
157.061 (17).
(13) Warehouse means a place of storage for cemetery mer-
chandise sold under a preneed sales contract.
(14) Wholesale cost ratio means the actual cost to a preneed
seller to supply and deliver cemetery merchandise or to construct
an undeveloped space divided by the price paid by the purchaser,
excluding sales tax, finance or interest charges and insurance pre-
miums.
History: 1989 a. 307; 2005 a. 25.
440.905 General duties and powers of board. (1) In
addition to the other duties and powers of the board under this sub-
chapter, the board shall advise the secretary of safety and pro-
fessional services on matters relating to cemeteries, to this chap-
ter, or to the board.
(2) The board has rulemaking authority and may promulgate
rules relating to the regulation of cemetery authorities, cemetery
salespersons, and cemetery preneed sellers. The board may deter-
mine, by rule, a fee under s. 440.05 (1) (a) and under s. 440.08 (2)
(a) 21. that is sufficient to fund the boards operating costs.
History: 2005 a. 25; 2011 a. 32.
Crossreference: See also ch. CB 1, Wis. adm. code.
440.91 Cemetery authorities and cemetery salesper-
sons. (1) (a) Any cemetery authority that operates a cemetery
that is 5 acres or more in size, that sells 20 or more cemetery lots
or mausoleum spaces at a cemetery during a calendar year, or that
has $100,000 or more in trust fund accounts for a cemetery shall
apply to the board for a license for that cemetery. A cemetery
authority that operates more than one cemetery shall apply for a
separate license for each cemetery that is 5 acres or more in size
and for each cemetery at which it sells 20 or more burial spaces
or at which it has $100,000 or more in trust fund accounts.
(b) The board shall grant a license to a cemetery authority if
all of the following are satisfied:
1. The cemetery authority submits an application for the
license to the board on a form provided by the board. The applica-
tion shall require the cemetery authority to provide the names of
the officers of the cemetery authority and to identify a business
representative who is primarily responsible for the cemetery
authoritys compliance with subch. II of ch. 157 and this sub-
chapter.
2. The cemetery authority pays the initial credential fee deter-
(c) 1. The renewal dates for licenses granted under par. (b) are
specified in s. 440.08 (2) (a) and the renewal fees for such licenses
are determined by the department under s. 440.03 (9) (a), except
that a licensed cemetery authority is not required to renew its
license if the cemetery authority sells less than 20 cemetery lots
has less than $100,000 in trust fund accounts for a cemetery.
2. A licensed cemetery authority that is not required to renew
its license under subd. 1. shall renew the license if, during a period
of 2 consecutive calendar years that is subsequent to the period
specified in subd. 1., the cemetery authority sells 20 or more cem-
etery lots or mausoleum spaces for a cemetery or has $100,000 or
more in trust fund accounts for a cemetery.
(1m) (a) Except as provided in sub. (6m), any cemetery
authority that operates a cemetery that is less than 5 acres in size,
that sells fewer than 20 cemetery lots or mausoleum spaces at a
cemetery during a calendar year, or that has less than $100,000 in
trust fund accounts for a cemetery shall register with the board.
A cemetery authority that operates more than one cemetery shall
submit a separate registration to the board for each cemetery that
is less than 5 acres in size, that sells fewer than 20 cemetery lots
has less than $100,000 in trust fund accounts.
(b) The board shall register a cemetery authority if all of the
following are satisfied:
1. The cemetery authority submits an application for registra-
tion to the board on a form provided by the board. The application
shall require the cemetery authority to provide the names and
addresses of the officers of the cemetery authority and to identify
a business representative who is primarily responsible for the
cemetery authoritys compliance with subch. II of ch. 157 and this
subchapter.
2. The cemetery authority pays a $10 fee to the board.
(c) The renewal date and renewal fee for a registration granted
under par. (b) are specified in s. 440.08 (2).
(2) Except as provided in sub. (10), every individual who sells
or solicits the sale of, or that expects to sell or solicit the sale of,
20 or more cemetery lots or mausoleum spaces per year during 2
consecutive calendar years shall be licensed by the board. An
individual may not be licensed as a cemetery salesperson except
upon the written request of a cemetery authority and the payment
of the initial credential fee determined by the department under s.
440.03 (9) (a). The cemetery authority shall certify in writing to
the board that the individual is competent to act as a cemetery
salesperson. An applicant for licensure as a cemetery salesperson
shall furnish to the board, in such form as the board prescribes, all
of the following information:
(a) The name and address of the applicant.
(b) Educational qualifications.
(c) Prior occupations.
(d) Any other information which the department may reason-
ably require to enable it to determine the competency of the sales-
person to transact the business of a cemetery salesperson in a man-
ner which safeguards the interest of the public.
(3) Any cemetery salesperson may transfer to the employment
of a cemetery authority, other than the cemetery authority that cer-
tified the salesperson under sub. (2), by filing a transfer form with
the department and paying the transfer fee specified in s. 440.05
(7).
(4) Renewal applications shall be submitted to the department
on a form provided by the department on or before the applicable
renewal date specified under s. 440.08 (2) (a) and shall include the
applicable renewal fee determined by the department under s.
440.03 (9) (a).
(5) Every cemetery authority requesting the registration or
transfer of any cemetery salesperson shall be responsible for the
acts of that salesperson while acting as a cemetery salesperson.
(6m) A cemetery authority of a cemetery organized, main-
tained and operated by a town, village, city, church, synagogue or
mosque, religious, fraternal or benevolent society or incorporated
college of a religious order is not required to be licensed under sub.
(1) or registered under sub. (1m).
(7) An individual who solicits the sale of cemetery lots or
mausoleum spaces in a cemetery organized, maintained and oper-
ated by a town, village, city, church, synagogue or mosque,
religious, fraternal or benevolent society or incorporated college
of a religious order is not required to be licensed under sub. (2).
(9) No cemetery authority or cemetery salesperson licensed
under sub. (1) or (2) may pay a fee or commission as compensation
for a referral or as a finders fee relating to the sale of cemetery
63
merchandise or a burial space to any person who is not licensed
under sub. (1) or (2) or who is not regularly and lawfully engaged
in the sale of cemetery merchandise or burial spaces in another
state or territory of the United States or a foreign country.
(10) Nothing in this section requires an individual who is
licensed as a preneed seller under s. 440.92 (1) to be licensed as
a cemetery salesperson under sub. (2) if the individual only sells
or solicits the sale of cemetery merchandise or undeveloped
spaces under preneed sales contracts.
History: 1989 a. 307 ss. 75, 80 to 83, 91; 1991 a. 39, 269; 2005 a. 25; 2007 a. 20,
174; 2009 a. 180; 2011 a. 146.
Crossreference: See also chs. CB 1 and 2, Wis. adm. code.
440.92 Cemetery preneed sellers. (1) LICENSURE. (a)
Except as provided in subs. (4), (9) (a) and (10), every individual
who sells or solicits the sale of cemetery merchandise or an unde-
veloped space under a preneed sales contract and, if the individual
is employed by or acting as an agent for a cemetery authority or
any other person, that cemetery authority or other person is also
required to be licensed under this subsection.
(b) The board shall issue a certificate of licensure as a cemetery
preneed seller to any person who does all of the following:
1. Submits an application to the department on a form pro-
vided by the department.
2. Pays the initial credential fee determined by the department
under s. 440.03 (9) (a).
3. Subject to ss. 111.321, 111.322 and 111.335, submits evi-
dence satisfactory to the department that the person does not have
a conviction record.
4. Meets any other reasonable requirements established by
the department by rule to determine fitness to sell cemetery mer-
chandise or an undeveloped space under a preneed sales contract.
The rules may not require applicants to meet minimum education,
experience or prior employment requirements or to pass any
examination.
(bm) If a cemetery authority that is licensed under this subsec-
tion notifies the board that it proposes to take an action specified
in s. 157.08 (2) (b) and the board does not object to the action
under s. 157.08 (2) (b), the board shall revoke the license and
require the cemetery authority to reapply for a license under this
subsection.
(c) Renewal applications shall be submitted to the department
on a form provided by the department on or before the applicable
renewal date specified under s. 440.08 (2) (a) and shall include the
applicable renewal fee determined by the department under s.
440.03 (9) (a).
(e) Nothing in this subsection requires an individual who is
licensed as a cemetery salesperson under s. 440.91 (2) to be
licensed under this subsection if the individual does not conduct
or solicit any sale under a preneed sales contract.
(2) PRENEED SALES CONTRACTS. (a) A preneed sales contract
for the sale of cemetery merchandise shall provide for the delivery
of cemetery merchandise in one of the following ways:
1. By physically delivering the merchandise to the purchaser
or the beneficiary named in the preneed sales contract.
2. By affixing the cemetery merchandise to the cemetery lot
or mausoleum.
3. By storing the cemetery merchandise in a warehouse that
is located on the property of the preneed seller if the preneed seller
insures the cemetery merchandise and the preneed sales contract
requires the preneed seller to ultimately affix the cemetery mer-
chandise to the cemetery lot or mausoleum without additional
charge.
3g. By storing the cemetery merchandise anywhere on the
property of the preneed seller if the property of the preneed seller
is located in this state, the preneed seller insures the cemetery mer-
chandise and the preneed sales contract requires the preneed seller
to ultimately affix the cemetery merchandise to a cemetery lot, to
the outside of or the grounds surrounding a mausoleum or to any
other outdoor location without additional charge.
4. By having the cemetery merchandise stored in a warehouse
that is not located on the property of the preneed seller if the ware-
house has agreed to ship the cemetery merchandise to the preneed
seller, purchaser or beneficiary named in the preneed sales con-
tract without additional charge to the purchaser and the preneed
sales contract requires that the cemetery merchandise ultimately
be affixed to the cemetery lot or mausoleum without additional
charge. If the cemetery merchandise is delivered under this subdi-
vision, all of the following apply:
a. At the time that the preneed sales contract is entered into,
the preneed seller shall provide the purchaser with the name,
address and telephone number of the warehouse and inform the
purchaser that the warehouse is approved by the board.
b. If the name, address, telephone number or approval status
of the warehouse changes before the cemetery merchandise is
delivered, the preneed seller or warehouse shall notify the pur-
chaser in writing of each change within 30 days after the change.
c. The preneed sales contract shall provide for the cemetery
merchandise to be delivered within 30 days after the purchaser or
beneficiary requests the preneed seller or warehouse to deliver the
cemetery merchandise and shall contain the procedure and any
requirements for making the request.
(am) If a preneed sales contract for the sale of cemetery mer-
chandise requires the preneed seller to ultimately affix the ceme-
tery merchandise to a cemetery lot, mausoleum or other location
but the purchaser has not informed the preneed seller of the loca-
tion where the cemetery merchandise is to be affixed and the loca-
tion where the cemetery merchandise is to be affixed is not speci-
fied in the preneed sales contract, the preneed sales contract may
provide that the preneed seller may charge the purchaser an addi-
tional fee at the time that the cemetery merchandise is affixed not
to exceed the additional costs to the preneed seller that are necessi-
tated by the purchasers choice of location.
(b) If a preneed sales contract does not require the preneed
seller to deliver cemetery merchandise by one of the methods
under par. (a), the preneed seller shall deliver the cemetery mer-
chandise under par. (a) 2.
(c) Except as provided in par. (cm), a preneed sales contract
shall provide that if the purchaser voids the preneed sales contract
at any time within 10 days after the date of the initial payment the
preneed seller shall, within 30 days after the date on which the pre-
need sales contract is voided, refund all money paid by the pur-
chaser for cemetery merchandise that has not been supplied or
delivered and for the mausoleum space.
(cm) If a preneed sales contract for the sale of cemetery mer-
chandise requires the preneed seller to physically alter any ceme-
tery merchandise, the preneed sales contract shall provide that if
the purchaser voids the preneed sales contract at any time before
the preneed seller has physically altered the cemetery merchan-
dise in a manner or to a degree that makes the fair market value of
the cemetery merchandise to the general public lower than the sale
price of the cemetery merchandise under the preneed sales con-
tract or within 10 days after the date of the initial payment, which-
ever occurs first, the preneed seller shall, within 30 days after the
date on which the preneed sales contract is voided, refund all
money paid by the purchaser for cemetery merchandise that has
not been supplied or delivered.
(d) A preneed seller may not sell any undeveloped space unless
the plans for the construction of the mausoleum have been sub-
mitted to the department of safety and professional services for
approval under s. 157.12 (2) (a) and the preneed sales contract
includes the following language in not less than 10point boldface
type: THE PLANS FOR CONSTRUCTING THE MAUSO-
LEUM SPACE HAVE BEEN SUBMITTED TO THE DEPART-
MENT OF SAFETY AND PROFESSIONAL SERVICES FOR
APPROVAL. THE SELLER IS RESPONSIBLE FOR ALL
64
COSTS REQUIRED TO OBTAIN APPROVAL OF THE PLANS
BY THE DEPARTMENT OF SAFETY AND PROFESSIONAL
SERVICES, COMPLETE THE CONSTRUCTION, AND
OBTAIN CERTIFICATION OF THE CONSTRUCTION BY
THE DEPARTMENT OF SAFETY AND PROFESSIONAL
SERVICES.
(e) A preneed sales contract for the sale of an undeveloped
space shall provide that the purchaser may void the preneed sales
contract if any of the following conditions applies:
1. The plans for constructing the mausoleum are not approved
under s. 157.12 (2) (a).
2. The construction of the mausoleum does not begin within
3 years after the date of the sale.
3. If the mausoleum is a public mausoleum, the construction
of the mausoleum is not certified under s. 157.12 (2) (b) within 6
years after the date of the sale.
(f) If a preneed sales contract is voided under par. (e), the pre-
need seller shall, within 30 days after the date on which the pre-
need sales contract is voided, refund all money paid by the pur-
chaser, together with interest calculated at the legal rate of interest
as provided under s. 138.04.
(g) A preneed seller may include in a preneed sales contract
provisions that do any of the following:
1. Place restrictions on the right of the purchaser to assign his
or her interest in any undelivered cemetery merchandise or unde-
veloped space to any other person, but only if such restrictions are
consistent with regulations, established by the cemetery authority
of the cemetery in which the cemetery merchandise will ulti-
mately be affixed or in which the undeveloped space is located,
that specify who may or may not be buried in the cemetery.
2. Require the purchaser to notify the preneed seller that the
purchaser has assigned his or her interest in any undelivered cem-
etery merchandise or undeveloped space to any other person
within a reasonable period of time after the interest has been
assigned.
(h) A provision in a preneed sales contract that purports to
waive or is in conflict with any part of this section is void.
(i) If a preneed sales contract includes provisions for the sale
of cemetery merchandise or an undeveloped space that is subject
to the trusting requirements under sub. (3) (a) and (b) and for the
sale of other goods or services that are not subject to the trusting
requirements under sub. (3) (a) and (b), the sale price of the goods
or services that are not subject to the trusting requirements may
not be inflated for the purpose of allocating a lower sale price to
the cemetery merchandise or undeveloped space that is subject to
the trusting requirements.
(j) A preneed sales contract shall be in writing. The preneed
seller shall provide the purchaser with a copy of the preneed sales
contract at the time that the preneed sales contract is entered into.
A provision in a written preneed sales contract that limits the terms
of the transaction to those included in the written preneed sales
contract and that disclaims any oral agreements pertaining to the
transaction creates a rebuttable presumption that no oral preneed
sales contract pertaining to the transaction exists. A preneed sales
contract that is not in writing may not be voided by the preneed
seller, but may be voided by the purchaser at any time before all
of the cemetery merchandise purchased has been delivered,
before the plans for constructing the mausoleum have been
approved under s. 157.12 (2) (a) or, if the mausoleum is a public
mausoleum, before the construction of the mausoleum has been
certified under s. 157.12 (2) (b). If a preneed sales contract is
voided under this paragraph, the preneed seller shall, within 30
days after the date on which the preneed sales contract is voided,
refund all money paid by the purchaser, together with interest cal-
culated at the legal rate of interest as provided under s. 138.04.
(k) A preneed sales contract shall include the following lan-
guage in not less than 10point boldface type: SECTION 440.92
(2) OF THE WISCONSIN STATUTES SPECIFIES THE
RIGHTS OF THE PURCHASER UNDER THIS CONTRACT.
DEPENDING ON THE CIRCUMSTANCES, THESE MAY
INCLUDE THE RIGHT TO VOID THE CONTRACT AND
RECEIVE A REFUND OR THE RIGHT TO ASSIGN AN
INTEREST IN THE CONTRACT TO ANOTHER PERSON.
(3) DEPOSITS IN PRENEED TRUST FUND AND CARE FUND. (a) A
preneed seller shall deposit into a preneed trust fund an amount
equal to at least 40% of each payment of principal that is received
from the sale of cemetery merchandise under a preneed sales con-
tract, or the wholesale cost ratio for the cemetery merchandise
multiplied by the amount of the payment of principal that is
received, whichever is greater. In addition to the amount required
to be deposited under this paragraph for the sale of cemetery mer-
chandise and except as provided in par. (c), if a preneed seller
receives payment for the sale of an undeveloped space under a
preneed sales contract, the preneed seller shall deposit a percent-
age of each payment of principal that is received from the sale of
the undeveloped space into a preneed trust fund, determined as
follows:
1. If the actual cost to the preneed seller of constructing the
undeveloped space in accordance with construction plans
approved under s. 157.12 (2) (a) has been determined by a regis-
tered architect or engineer and accepted in a written construction
agreement by both the preneed seller and the person who has
agreed to construct the mausoleum, the minimum percentage of
each payment of principal that must be deposited into the preneed
trust fund is the percentage equal to the wholesale cost ratio for the
undeveloped space. In this subdivision, registered architect or
engineer means a person who is registered as an architect or engi-
neer under ch. 443.
2. If the cost to the preneed seller of constructing the undevel-
oped space has not been determined as provided in subd. 1., the
preneed seller shall deposit at least 40% of each payment of princi-
pal into the preneed trust fund.
(b) The preneed seller shall make the deposits required under
par. (a) within 30 business days after the last day of the month in
which each payment is received. Preneed trust funds shall be
deposited and invested as provided in s. 157.19.
(c) A preneed seller is not required to make the deposits
required under par. (a) 1. and 2. if any of the following applies:
1. The mausoleum is certified under s. 157.12 (2) (b) within
30 business days after the payment is received.
2. The undeveloped space is located in a mausoleum or proj-
ect of mausoleums in which at least one mausoleum space was
sold before November 1, 1991. In this subdivision, project of
mausoleums means a group of mausoleums that have been or are
intended to be built and arranged in a cemetery according to a
single construction plan approved under s. 157.12 (2) (a).
3. The preneed seller files with the department a bond fur-
nished by a surety company authorized to do business in this state
or files with the department and maintains an irrevocable letter of
credit from a financial institution and the amount of the bond or
letter of credit is sufficient to secure the cost to the cemetery
authority of constructing the mausoleum.
(d) If payments are received under a preneed sales contract for
an undeveloped space, the preneed seller shall make deposits into
the care fund required under s. 157.12 (3) in addition to any depos-
its required under par. (a).
(4) EXCEPTIONS TO REGISTRATION REQUIREMENT. (a) Any per-
son who sells or solicits the sale of cemetery merchandise under
a preneed sales contract is not required to be licensed under sub.
(1) and the requirements of sub. (3) (a) and (b) do not apply to the
sale if all payments received under the preneed sales contract are
trusted as required under s. 445.125 (1) (a) 1. or if all of the follow-
ing conditions are met:
1. The preneed seller guarantees that the cemetery merchan-
dise will be delivered not more than 180 days after the date of the
sale.
2. The cemetery merchandise is delivered or the preneed sales
contract is voided not more than 180 days after the date of the sale.
65
(b) If any preneed seller who is not licensed under sub. (1)
accepts a payment under a preneed sales contract and the mer-
chandise is not delivered within 180 days after the date of the sale,
the preneed seller shall immediately notify the purchaser that the
purchaser is entitled to a refund of all money paid by the pur-
chaser, together with interest calculated at the legal rate of interest
as provided under s. 138.04, at any time before the merchandise
is delivered.
(5) USE OF PRENEED TRUST FUNDS TO COVER COSTS OF CON-
STRUCTION OR PARTIAL PERFORMANCE. (a) Before the construction
of a mausoleum for which a preneed trust fund has been estab-
lished is certified under s. 157.12 (2) (b), the trustee of the preneed
trust fund shall, upon receipt of a written request for the release of
a specified amount of the funds from the preneed seller and the
person who is constructing the mausoleum, release the specified
amount of the funds, but only if the request is accompanied by a
sworn statement, signed by the preneed seller and the person who
is constructing the mausoleum, certifying that the specified
amount does not exceed the amount charged to the preneed seller
by the person who is constructing the mausoleum for labor that has
actually been performed and materials that have actually been
used in the construction of the mausoleum, and does not include
any cost for which preneed trust funds have been previously
released under this paragraph.
(b) Before all of the terms of a preneed sales contract for the
sale of cemetery merchandise are fulfilled, the trustee of the pre-
need trust fund shall, upon receipt of a written request for the
release of a specified amount of the funds from the preneed seller,
release the specified amount of the funds, but only if the request
is accompanied by a sworn statement, signed by the preneed
seller, certifying that the specified amount does not exceed the
actual cost to the preneed seller for any cemetery merchandise that
has actually been supplied or delivered and for any cemetery ser-
vices that have actually been performed, and does not include any
cost for which preneed trust funds have been previously released
under this paragraph.
(6) REPORTING; RECORD KEEPING; AUDITS. (a) Every preneed
seller licensed under sub. (1) shall file an annual report with the
board. The report shall be made on a form prescribed and fur-
nished by the board. The report shall be made on a calendaryear
basis unless the board, by rule, provides for other reporting peri-
ods. The report is due on or before the 60th day after the last day
of the reporting period.
(b) The preneed seller shall include all of the following in the
annual report under par. (a):
1. If the preneed seller is a corporation that is required to file
a report under s. 180.1622 or 181.1622, a copy of that report and
the name, residence address and business address of each share-
holder who beneficially owns, holds or has the power to vote 5%
or more of any class of securities issued by the corporation.
2. An accounting of amounts deposited in, amounts with-
drawn from, income accruing to and the balance at the close of the
reporting period of each preneed trust fund for which the preneed
seller is the trustee.
(c) A preneed seller who is the trustee of any trust fund under
s. 445.125 (1) shall include in the report required under par. (a) an
accounting of amounts deposited in, amounts withdrawn from,
income accruing to and the balance at the close of the reporting
period of such trust funds.
(d) All records described under pars. (b) 2. and (c) and main-
tained by the board are confidential and are not available for
inspection or copying under s. 19.35 (1). This paragraph does not
apply to any information regarding the name, address or employer
of or financial information related to an individual that is
requested under s. 49.22 (2m) by the department of children and
families or a county child support agency under s. 59.53 (5).
(e) The board shall review each report filed under par. (a) to
determine whether the preneed seller is complying with this sec-
tion.
(f) The preneed seller shall keep a copy of the report required
under par. (a) at its principal place of business and, except for
those records described under pars. (b) 2. and (c), shall make the
report available for inspection, upon reasonable notice, by any
person with an interest in purchasing cemetery merchandise or a
mausoleum space from the preneed seller or by any person who
has entered into or is the beneficiary of a preneed sales contract
with the preneed seller.
(g) The preneed seller shall maintain all of the following:
1. The records needed to prepare the reports required under
par. (a).
2. Records that show, for each deposit in a trust fund or
account specified in pars. (b) 2. and (c), the name of the purchaser
or beneficiary of the preneed sales contract relating to the deposit
and the item purchased.
3. A copy of each preneed sales contract.
(h) The records under par. (b) 1. shall be permanently main-
tained by the preneed seller. The records under par. (b) 2. shall be
maintained for not less than 3 years after all of the obligations of
the preneed sales contract have been fulfilled. The board may pro-
mulgate rules to establish longer time periods for maintaining
records under this paragraph.
(i) The board may promulgate rules requiring preneed sellers
licensed under sub. (1) to maintain other records and establishing
minimum time periods for the maintenance of those records.
(j) The board may audit, at reasonable times and frequency, the
records, trust funds and accounts of any preneed seller licensed
under sub. (1), including records, trust funds and accounts pertain-
ing to services provided by a preneed seller which are not other-
wise subject to the requirements under this section. The depart-
ment may conduct audits under this paragraph on a random basis,
and shall conduct all audits under this paragraph without provid-
ing prior notice to the preneed seller.
(k) The board may promulgate rules establishing a filing fee
to accompany the report required under par. (a). The filing fee
shall be based on the approximate cost of regulating preneed sell-
ers.
(7) APPROVAL OF WAREHOUSES. No person may own or operate
a warehouse unless the warehouse is approved by the board. Upon
application, the board shall approve a warehouse that is located in
this state if the person who operates the warehouse is licensed as
a public warehouse keeper by the department of agriculture, trade
and consumer protection under ch. 99, but may not approve a
warehouse that is located in this state unless the person is so
licensed. The board shall promulgate rules establishing the
requirements for approval of warehouses that are located outside
this state. The rules shall require warehouses that are located out-
side this state to file with the board a bond furnished by a surety
company authorized to do business in this state in an amount that
is sufficient to guarantee the delivery of cemetery merchandise to
purchasers under preneed sales contracts. The board shall com-
pile and keep a current list of the names and addresses of all ware-
houses approved under this subsection and shall make the list
available for public inspection during the times specified in s.
230.35 (4) (f).
(9) EXEMPTIONS; CERTIFICATION OF COMPLIANCE OF CEMETERY
AFFILIATED WITH RELIGIOUS SOCIETY. (a) If the cemetery authority
of a cemetery that is affiliated with a religious society organized
under ch. 187 or that religious society files an annual certification
with the department as provided in this subsection, neither the
cemetery authority nor any employee of the cemetery is required
66
to be licensed as a cemetery preneed seller under sub. (1) during
the period for which the certification is effective.
(b) A certification under this subsection shall be made on a
form prescribed and furnished by the department and include all
of the following:
1. The name and address of each cemetery to which the certi-
fication applies.
2. The name, address and social security number of each
employee of the cemetery who sold or solicited the sale of ceme-
tery merchandise or an undeveloped space under a preneed sales
contract for the cemetery during the 12month period immedi-
ately preceding the date on which the certification is filed with the
department.
3. A notarized statement of a person who is legally authorized
to act on behalf of the religious society under this subsection that,
during the 12month period immediately preceding the date on
which the certification is filed with the department, each
employee specified under subd. 2. and the cemetery authority
have either fully complied or have substantially complied with
subs. (2), (3) (a) and (b) and (5).
(c) If the statement under par. (b) 3. includes a statement of
substantial compliance, the statement of substantial compliance
must also specify those instances when the employee or cemetery
authority did not fully comply with sub. (2), (3) (a) or (b) or (5).
(d) A certification under this subsection is effective for the
12month period immediately following the date on which the
certification is filed with the department.
(e) During the effective period specified under par. (d), the
department may not audit the preneed trust funds or any records
or accounts relating to the preneed trust funds of the cemetery
authority or any employee of the cemetery to which a certification
under this subsection applies.
(f) The religious society that is affiliated with a cemetery to
which a certification under this subsection applies is liable for the
damages of any person that result from the failure of any employee
specified under par. (b) 2. or the cemetery authority to fully com-
ply with sub. (2), (3) (a) or (b) or (5) during the 12month period
for which such compliance has been certified under this subsec-
tion.
(10) EXEMPTIONS; CERTAIN CEMETERIES. This section does not
apply to a cemetery authority that is not required to be licensed
under s. 440.91 (1) or registered under s. 440.91 (1m).
History: 1989 a. 307; 1991 a. 16, 32, 39, 269; 1993 a. 16; 1995 a. 27 ss. 6605, 9116
(5); 1995 a. 295; 1997 a. 79, 191; 1999 a. 9; 2005 a. 25, 213, 254; 2007 a. 20, 174;
2011 a. 32.
Crossreference: See also chs. CB 1, 2, and 3, Wis. adm. code.
440.93 Disciplinary actions and proceedings. (1) The
board may reprimand a licensee or deny, limit, suspend, or revoke
a certificate of licensure of a cemetery authority, cemetery sales-
person, or preneed seller if it finds that the applicant or licensee,
or, if the applicant or licensee is an association, partnership, lim-
ited liability company, or corporation, any officer, director,
trustee, member, or shareholder who beneficially owns, holds, or
has the power to vote 5% or more of any class of security issued
by the applicant or licensee, has done any of the following:
(a) Made a material misstatement in an application for a certifi-
cate or for renewal of a certificate.
(b) Made a substantial misrepresentation or false promise to
an individual to influence the individual to purchase a cemetery
lot, cemetery merchandise or mausoleum space.
(c) Engaged in any practice relating to the sale of a cemetery
lot, cemetery merchandise or mausoleum space which clearly
demonstrates a lack of knowledge or ability to apply professional
principles or skills.
(d) Subject to ss. 111.321, 111.322 and 111.335, been con-
victed of an offense the circumstances of which substantially
relate to the sale of a cemetery lot, cemetery merchandise or mau-
soleum space.
(e) Advertised in a manner that is false, deceptive or mislead-
ing.
(f) Subject to ss. 111.321, 111.322 and 111.34, engaged in any
practice relating to the sale of a cemetery lot, cemetery merchan-
dise or mausoleum space while the persons ability to practice was
impaired by alcohol or other drugs.
(g) Violated this subchapter or any rule promulgated under this
subchapter.
(2) The department shall determine in each case the period
that a limitation, suspension or revocation of a certificate is effec-
tive. This subsection does not apply to a limitation or suspension
under s. 440.13 (2) (a).
History: 1989 a. 307; 1993 a. 112; 1997 a. 191; 2005 a. 25.
440.945 Cemetery monuments. (1) DEFINITIONS. In this
section:
(a) Installed means permanently affixed to a cemetery lot.
(b) Monument means any object made of granite, bronze,
marble, stone, cement or other permanent material that is installed
or intended to be installed to identify or memorialize human
remains.
(c) Vendor means a person who sells, delivers, installs or
cares for a monument, other than the cemetery authority of the
cemetery in which the monument is installed.
(2) CEMETERY AUTHORITY POWERS. A cemetery authority may
(a) Adopt regulations, consistent with this section and with
standards that the cemetery authority uses for its own monument
installations, prescribing requirements and procedures for the
sale, delivery, installation or care of monuments, including
requirements that each vendor provide reasonable advance notice
to the cemetery authority of the date on which the vendor desires
to install a monument; that each vendor carry workers compensa-
tion insurance and a minimum amount of comprehensive general
liability insurance, such minimum amount not to exceed
$300,000; and that each owner of a cemetery lot pay all fees and
other amounts due the cemetery authority to satisfy any encum-
brances pertaining to the cemetery lot before a monument is
installed.
(b) Assist a vendor in marking the location for a monument and
inspect the installation of the monument to ensure that it is prop-
erly installed by the vendor.
(c) Charge either the owner of a cemetery lot or a vendor a rea-
sonable fee to cover the cemetery authoritys labor costs. In this
paragraph, labor costs means the amount, calculated in accord-
ance with generally accepted accounting principles and practices,
that is payable to employees of the cemetery authority for wages
and fringe benefits for the period that the employees were engaged
in marking the location for and inspecting the installation of the
monument to ensure that it was properly installed, and may
include any general administrative or overhead costs of the ceme-
tery authority or any other costs that are directly related to marking
the location for and inspecting the installation of the monument to
ensure that it was properly installed.
(3) DISCLOSURE OF INFORMATION TO CONSUMERS. (a) Every
cemetery authority shall keep on file and make available for
inspection and copying to owners and prospective purchasers of
cemetery lots and to other interested persons all of the following
information:
1. An itemized list of the amounts charged for any services
provided by the cemetery authority relating to the finishing,
installation or care of monuments.
2. Any regulations adopted under sub. (2) (a).
(b) Upon the request of any person who is interested in pur-
chasing a monument from a cemetery authority or a vendor, the
cemetery authority or vendor shall provide the person with an
itemized list of the amount charged for each finished monument
in which the person is interested and for any services that may be
67
provided by the cemetery authority or vendor relating to the instal-
lation or care of the monument.
(4) PROHIBITED CONDUCT. (a) A cemetery authority may not
1. Require the owner or purchaser of a cemetery lot to pur-
chase a monument or services related to the installation of a monu-
ment from the cemetery authority.
2. Restrict the right of the owner or purchaser of a cemetery
lot to purchase a monument or services related to the installation
of a monument from the vendor of his or her choice.
3. Except as provided in sub. (2) (c), charge the owner or pur-
chaser of a cemetery lot a fee for purchasing a monument or ser-
vices related to the installation of a monument from a vendor, or
charge a vendor a fee for delivering or installing the monument.
Nothing in this subdivision shall be construed to prohibit a ceme-
tery authority from charging the owner or purchaser of a cemetery
lot a reasonable fee for services relating to the care of a monument.
4. Discriminate against any owner or purchaser of a cemetery
lot who has purchased a monument or services related to the
installation of a monument from a vendor.
(b) A vendor may not falsely represent to any person any regu-
lations adopted by a cemetery authority under sub. (2) (a) or
falsely represent to any person the vendors relationship with a
cemetery authority.
(5) ENFORCEMENT. (a) If the department has reason to believe
that any person is violating this section and that the continuation
of that activity might cause injury to the public interest, the depart-
ment may investigate.
(b) The department of justice or any district attorney, upon
informing the department of justice, may commence an action in
circuit court in the name of the state to restrain by temporary or
permanent injunction any violation of this section. The court may,
prior to entry of final judgment, make such orders or judgments
as may be necessary to restore to any person any pecuniary loss
suffered because of the acts or practices involved in the action, if
proof of such loss is submitted to the satisfaction of the court. The
department of justice may subpoena persons and require the pro-
duction of books and other documents, and may request the
department of safety and professional services to exercise its
authority under par. (a) to aid in the investigation of alleged viola-
tions of this section.
(c) In lieu of instituting or continuing an action under this sub-
section, the department of justice may accept a written assurance
of discontinuance of any act or practice alleged to be a violation
of this section from the person who has engaged in the act or prac-
tice. An assurance entered into under this paragraph shall not be
considered evidence of a violation of this section, but a violation
of the assurance shall be treated as a violation of this section.
History: 1989 a. 95; 1989 a. 307 ss. 84, 86; Stats. 1989 s. 440.945; 2011 a. 32.
440.947 Disclosures and representations for certain
sales. (1) In this section:
(a) Cash advance item means personal property or a service
that is obtained by a person from a 3rd party and that is paid for
by the person on behalf of, and subject to reimbursement from, a
buyer of a casket, outer burial container or cemetery merchandise
from the person. Cash advance item includes cemetery or cre-
matory services, pallbearers, public transportation, clergy hono-
raria, flowers, musicians or vocalists, nurses, obituary notices,
gratuities and death certificates.
(b) Direct cremation service means the disposition of human
remains by cremation without any formal viewing, visitation or
ceremony in which the body of the deceased is present.
(c) Outer burial container has the meaning given in s.
157.061 (11g).
(d) Person does not include a person issued a funeral direc-
tors license under ch. 445 or an operator of a funeral establish-
ment, as defined in s. 445.01 (7).
(2) No person may sell or offer for sale a casket, outer burial
container or cemetery merchandise unless the person has pro-
vided to the buyer, prior to the sale, a price list in a clearly legible
and conspicuous format that includes each of the following:
(a) The name, address and telephone number of the persons
place of business.
(b) The effective date of the price list.
(c) The price and a description of each type of casket, outer
burial container and cemetery merchandise that the person usually
offers for sale without special ordering. A description required
under this paragraph shall enable a buyer to identify and under-
stand the specific casket, outer burial container or cemetery mer-
chandise that is offered for sale.
(d) If the person usually offers an outer burial container for sale
without special ordering, a statement that is identical to the fol-
lowing: State law does not require that you buy a container to
surround the casket in the grave. However, many cemeteries
require that you have such a container so that the grave will not
sink in. Either a grave liner or a burial vault will satisfy these
requirements.
(e) The price and a description of any direct cremation or burial
service offered by the person and, if the person offers direct
cremation service, a statement that is identical to the following:
If you want to arrange a direct cremation, you can use an alterna-
tive container. Alternative containers encase the body and can be
made of materials like fiberboard or composition materials (with
or without an outside covering). The containers that we provide
are .... [insert a description of the containers offered for direct
cremation].
(f) The price and a description of any service offered by the
person for the use any facilities, equipment or staff related to a
viewing, funeral ceremony, memorial service or graveside ser-
vice.
(g) The amount and a description of any basic service fee that
is charged in addition to any price described under pars. (c), (e) or
(f).
(3) A person who sells a casket, outer burial container or cem-
etery merchandise shall, immediately after completing the sale,
provide the buyer with a form in a clearly legible and conspicuous
format that includes each of the following:
(a) The price and a description of the casket, outer burial con-
tainer or cemetery merchandise.
(b) The price and a description of any service specified in sub.
(2) (e) or (f) that is sold in addition to the casket, outer burial con-
tainer or cemetery merchandise.
(c) The amount and a description of any basic service fee that
is charged in addition to any price described under par. (a) or (b).
(d) A statement that the buyer may be charged only for the
items that he or she has selected or that are required by law and a
description and explanation of any items that he or she is required
by law to purchase.
(e) A description of any charge for a cash advance item, includ-
ing any commission, discount or rebate that the person receives
for a cash advance item from the 3rd party from which the cash
advance item is obtained and that the person does not pass on to
the buyer.
(4) No person who sells a casket, outer burial container or
cemetery merchandise may do any of the following:
(a) Provide inaccurate information regarding the information
specified in sub. (2) (c), (e), (f) or (g) to a prospective buyer who
contacts the person by telephone.
(b) Represent that state or local law requires a prospective
buyer to purchase a casket for a direct cremation service.
(c) Misrepresent to a prospective buyer any requirement under
federal, state or local law or under the rules of any cemetery, mau-
soleum or crematory relating to the use of a casket, outer burial
container or cemetery merchandise.
68
(d) Represent that any casket, outer burial container or ceme-
tery merchandise will delay the natural decomposition of human
remains for a long or indefinite period of time.
(e) Require a buyer to pay an additional fee or surcharge if the
buyer purchases a casket, outer burial container or cemetery mer-
chandise from a 3rd party.
(f) Alter a price specified in sub. (2) (c), (e), (f) or (g) based on
the type of casket, outer burial container or cemetery merchandise
purchased by a buyer.
(5) A person who sells a casket, outer burial container or cem-
etery merchandise shall retain a copy of the price list specified in
sub. (2) (intro.) for at least one year after the date of its last dis-
tribution to a prospective buyer and shall retain a copy of each
form that is provided to a buyer under sub. (3) (intro.) for at least
one year after completion of a sale. A person required to retain a
copy under this subsection shall make the copy available for
inspection by the department upon request.
History: 1999 a. 9.
440.95 Penalties. (1) Any cemetery authority that is
required to be licensed under s. 440.91 (1) and that knowingly fails
to be licensed may be fined not more than $100.
(2) Any individual who is required to register as a cemetery
salesperson under s. 440.91 (2) and who fails to register may be
fined not less than $25 nor more than $200 or imprisoned for not
more than 6 months or both.
(3) Except as provided in subs. (1) and (2), any person who
violates s. 440.91 or 440.947 or any rule promulgated under s.
440.91 may be fined not more than $1,000 or imprisoned for not
more than 6 months or both.
(4) Any person who intentionally does any of the following
may be fined not more than $1,000 or imprisoned for not more
than 90 days or both:
(a) Fails to register as a preneed seller as required under s.
440.92 (1) (a).
(b) Fails to deposit or invest preneed trust funds or care funds
as required under s. 440.92 (3).
(c) Fails to file a report or files an incomplete, false or mislead-
ing report under s. 440.92 (6).
(d) Files a false or misleading certification under s. 440.92 (9).
(5) Except as provided in sub. (4), any person who violates s.
440.92 or any rule promulgated under s. 440.92 may be required
to forfeit not more than $200 for each offense. Each day of contin-
ued violation constitutes a separate offense.
(6) (a) Any cemetery authority or vendor that fails to disclose
information to consumers in violation of s. 440.945 (3) may be
required to forfeit not more than $200.
(b) Any cemetery authority or vendor that violates s. 440.945
(4) may be required to forfeit not more than $200 for the first
offense and may be required to forfeit not more than $500 for the
2nd or any later offense within a year. The period shall be mea-
sured by using the dates of the offenses that resulted in convic-
tions.
History: 1989 a. 307 ss. 75, 87; 1999 a. 9; 2005 a. 25.
SUBCHAPTER X
INTERIOR DESIGNERS
(1) Interior design means the design of interior spaces in
conformity with public health, safety and welfare requirements,
including the preparation of documents relating to space planning,
finish materials, furnishings, fixtures and equipment and the prep-
aration of documents relating to interior construction that does not
substantially affect the mechanical or structural systems of a
building. Interior design does not include services that consti-
tute the practice of architecture or the practice of professional
engineering.
(2) Wisconsin registered interior designer means a person
registered as a Wisconsin registered interior designer under this
subchapter.
History: 1995 a. 322.
440.961 Use of title. No person may use the title Wisconsin
registered interior designer, use any title or description that
implies that he or she is a Wisconsin registered interior designer
or represent himself or herself to be a Wisconsin registered inte-
rior designer unless the person is registered as a Wisconsin regis-
tered interior designer under this subchapter.
History: 1995 a. 322.
440.962 Registration requirements. The department shall
register as a Wisconsin registered interior designer an individual
who submits an application to the department on a form provided
by the department and who satisfies one of the following require-
ments:
(1) The individual does all of the following:
(a) Submits to the department evidence satisfactory to the
department of any of the following:
1. That he or she is a graduate of a 5year interior design or
architecture program and has at least one year of practical experi-
ence in interior design of a character satisfactory to the depart-
ment.
2. That he or she is a graduate of a 4year interior design or
architecture program and has at least 2 years of practical experi-
ence in interior design of a character satisfactory to the depart-
ment.
3. That he or she has completed at least 3 years of an interior
design program and has at least 3 years of practical experience in
interior design of a character satisfactory to the department.
4. That he or she is a graduate of a 2year interior design pro-
gram and has at least 4 years of practical experience in interior
design of a character satisfactory to the department.
(b) Satisfies the applicable requirements under s. 440.964.
(c) Subject to ss. 111.321, 111.322 and 111.335, submits evi-
dence satisfactory to the department that he or she does not have
an arrest or conviction record.
(d) Submits the names of at least 5 references, at least 3 of
whom shall have personal knowledge of the applicants interior
designing experience.
(e) Meets any other requirements established by the depart-
ment by rule.
(2) The individual is registered as an architect under s. 443.03
and submits evidence satisfactory to the department of all of the
following:
(a) That he or she is a graduate of a 4year architecture pro-
gram.
(b) That he or she has at least 6 years of demonstrated practical
experience in interior design of a character satisfactory to the
department.
History: 1995 a. 322.
440.963 Use of title by firms, partnerships and corpo-
rations. (1) A firm, partnership or corporation may use the term
Wisconsin registered interior designer or Wisconsin registered
interior designers, or may advertise or make representations that
it provides the services of a Wisconsin registered interior designer,
only if at least one principal, partner or officer who is in responsi-
ble charge of the interior design services provided by the firm,
partnership or corporation is a Wisconsin registered interior
designer.
(2) No firm, partnership or corporation may be relieved of
responsibility for the conduct or acts of its agents, employees or
officers by reason of its compliance with this subchapter, nor may
any individual practicing interior design be relieved of responsi-
69
bility for interior designing services performed by reason of his or
her employment or relationship with the firm, partnership or cor-
poration.
History: 1995 a. 322.
440.964 Examinations. (1) Except as provided in s.
440.962 (2), no person may be registered as a Wisconsin regis-
tered interior designer under this subchapter unless he or she
passes one of the following examinations:
(a) An interior design examination administered by a national
organization that establishes standards for the interior design pro-
fession and that is recognized by the department.
(b) An interior design examination conducted or approved by
the department under sub. (2) that is substantially equivalent to an
examination specified in par. (a).
(2) Written or written and oral examinations under sub. (1) (b)
shall be held at such time and place as the department determines.
The scope of the examinations and the methods of procedure shall
be prescribed by the department with special reference to the
applicants ability to design and supervise interior designing
work, which shall promote the public welfare and ensure the
safety of life, health and property. The examinations shall include
questions which require applicants to demonstrate knowledge of
the design needs of people with physical disabilities and of the
relevant statutes and codes. Such questions shall be developed by
the department in consultation with other appropriate state agen-
cies.
(3) A candidate failing an examination given under sub. (2)
may, upon application and payment of the required reexamination
fee, be examined again by the department. No restrictions may be
placed on the number of times an unsuccessful candidate may be
reexamined, except that after failure of 3 reexaminations, the
department may require a oneyear waiting period before further
reexamination.
History: 1995 a. 322.
440.965 Reciprocal registration. The department may,
upon application and payment of the required fee, grant a permit
to use the title Wisconsin registered interior designer to a person
who is not a resident of and has no established place of business
in this state, or who has recently become a resident of this state,
if the person holds an unexpired certificate of similar registration
issued to the person by the proper authority in any state or territory
or possession of the United States or in any country in which the
requirements for the registration of interior designers are of a stan-
dard not lower than specified in this subchapter.
History: 1995 a. 322.
440.966 Renewal; continuing education. (1) The
renewal date for a certificate of registration issued under this sub-
chapter is specified in s. 440.08 (2) (a), and the renewal fee for
such certificate of registration is determined by the department
under s. 440.03 (9) (a).
(2) A Wisconsin registered interior designer shall, at the time
that he or she applies for renewal of a certificate of registration
under sub. (1), submit proof of completion of continuing educa-
tion requirements established by rules promulgated by the depart-
ment.
History: 1995 a. 322; 2007 a. 20.
440.967 List of registered persons. The department shall
prepare each year a list showing the names and business addresses
of all persons registered as a Wisconsin registered interior
designer under this subchapter. Upon request, the department
shall provide a list prepared under this section to any person at
cost.
History: 1995 a. 322.
440.968 Discipline; prohibited acts; penalties. (1) The
department may reprimand a Wisconsin registered interior
designer, or may limit, suspend or revoke the certificate of regis-
tration of a Wisconsin registered interior designer, who has done
any of the following:
(a) Committed any fraud or deceit in obtaining or renewing a
certificate of registration under this subchapter.
(b) Committed any gross negligence or misconduct, or acted
in a grossly incompetent manner, in the practice of interior design
as a Wisconsin registered interior designer.
(c) Violated this subchapter or a rule promulgated under this
subchapter.
(d) Been convicted of a felony, subject to ss. 111.321, 111.322
and 111.335, or been adjudicated mentally incompetent by a court
of competent jurisdiction, a certified copy of the record of convic-
tion or adjudication of incompetency to be conclusive evidence of
such conviction or incompetency.
(2) Any person who uses the title Wisconsin registered inte-
rior designer in this state and who is not registered in accordance
with this subchapter, or any person presenting or attempting to use
as his or her own the certificate of registration of another, or any
person who falsely impersonates any other registrant of like or dif-
ferent name, or any person who attempts to use an expired or
revoked certificate of registration, may be fined not less than $100
nor more than $500 or imprisoned for not more than 3 months or
both.
(3) Any person may allege to the department that he or she
believes a person registered under this subchapter has committed
an act for which a reprimand or limitation, suspension or revoca-
tion of registration is authorized under sub. (1). Such allegations
shall be in writing, and shall be sworn to by the person making
them and shall be submitted to the department. The department
may, on its own motion, make such charges.
(4) The department may reissue a certificate of registration to
any person whose certificate has been revoked under sub. (1) if the
person satisfies requirements for reissuance established by the
department. The department may issue a new certificate of regis-
tration to replace any certificate revoked, lost, destroyed or muti-
lated, subject to the rules of the department and the payment of the
required fee.
History: 1995 a. 322.
440.969 Change of name. No person who is registered as a
Wisconsin registered interior designer under this subchapter may
practice interior design in this state under any other given name
or any other surname than that under which the person was origi-
nally registered to use a title in this or any other state if the depart-
ment, after a hearing, finds that using a title under the changed
name operates to unfairly compete with another practitioner or to
mislead the public as to identity or to otherwise result in detriment
to the profession or the public. This section does not apply to a
change of name resulting from marriage or divorce.
History: 1995 a. 322.
SUBCHAPTER XI
HOME INSPECTORS
Crossreference: See also chs. SPS 131, 132, 133, 134, and 135, Wis. adm. code.
(1) Client means a person who contracts with a home
inspector for a home inspection.
(2) Compensation means direct or indirect payment, includ-
ing the expectation of payment whether or not actually received.
(3) Dwelling unit means a structure or that part of a structure
that is used or intended to be used as a home, residence or sleeping
place by one person or by 2 or more persons who are maintaining
a common household, to the exclusion of all others.
(4) Home inspection means the process by which a home
inspector examines the observable systems and components of
improvements to residential real property that are readily accessi-
ble.
70
(5) Home inspection report means a written opinion of a
home inspector concerning all of the following:
(a) The condition of the improvements to residential real prop-
erty that contains not more than 4 dwelling units.
(b) The condition of mechanical and structural components of
the improvements specified in par. (a).
(6) Home inspector means an individual who, for com-
pensation, conducts a home inspection.
(7) Technically exhaustive means the extensive use of mea-
surements, instruments, testing, calculations and other means to
develop scientific or engineering findings, conclusions or recom-
mendations.
440.971 Registry established. The department shall estab-
lish a registry of home inspectors.
440.9712 Registration required. (1) Except as provided
in s. 440.9715, no individual may act as a home inspector, use the
title home inspector, use any title or description that implies that
he or she is a home inspector or represent himself or herself to be
a home inspector unless the individual is registered under this sub-
chapter.
(1m) No business entity may provide home inspection ser-
vices unless each of the home inspectors employed by the busi-
ness entity is registered under this subchapter.
(2) No business entity may use, in connection with the name
or signature of the business entity, the title home inspectors to
describe the business entitys services, unless each of the home
inspectors employed by the business entity is registered under this
subchapter.
440.9715 Applicability. A registration is not required under
this subchapter for any of the following:
(1) An individual who conducts a home inspection while law-
fully practicing within the scope of a license, permit or certificate
granted to that individual by a state governmental agency.
(2) An individual who constructs, repairs or maintains
improvements to residential real property, if the individual con-
ducts home inspections only as part of his or her business of
constructing, repairing or maintaining improvements to real prop-
erty and if the individual does not describe himself or herself as
a registered home inspector or convey the impression that he or
she is a registered home inspector.
(3) An individual who conducts home inspections in the nor-
mal course of his or her employment as an employee of a federal,
state or local governmental agency.
440.972 Registration of home inspectors. (1) The
department shall register an individual under this subchapter if the
individual does all of the following:
(a) Submits an application for registration to the department
(b) Pays the fee specified in s. 440.05 (1).
(c) Submits evidence satisfactory to the department that he or
she is not subject to a pending criminal charge, or has not been
convicted of a felony, misdemeanor or other offense, the circum-
stances of which substantially relate to the practice of home
inspection.
(d) Passes an examination under s. 440.973 (1).
(2) The renewal date for certificates granted under this section
is specified under s. 440.08 (2) (a) 38g., and the renewal fee for
such certificates is determined by the department under s. 440.03
(9) (a).
History: 1997 a. 81; 2007 a. 20.
440.973 Examinations. (1) No person may be registered
under this subchapter unless he or she passes an examination
approved by the department. In approving an examination under
this subsection, the department shall consider the use of an
examination that is similar to an examination that is required for
membership in the American Society of Home Inspectors.
(2) The department shall conduct examinations for home
inspector registration at least semiannually at times and places
determined by the department.
(3) An individual is not eligible for examination unless the
individual has satisfied the requirements for registration under s.
440.972 (1) (a) to (c) at least 30 days before the date of the
examination.
Crossreference: See also chs. SPS 132 and 133, Wis. adm. code.
440.974 Rules. (1) The department shall promulgate rules
necessary to administer this subchapter, including rules to estab-
lish all of the following:
(a) Standards for acceptable examination performance by an
applicant for registration.
(b) Subject to s. 440.975, standards for the practice of home
inspection by home inspectors and standards for specifying the
mechanical and structural components of improvements to resi-
dential real property that are included in a home inspection. The
rules promulgated under this paragraph shall include standards for
the inspection of carbon monoxide detectors. The rules pro-
mulgated under this paragraph may not require a home inspector
to use a specified form for the report required under s. 440.975 (3).
(c) Subject to s. 440.975, the information that a home inspector
is required to provide to a client concerning the results of the home
inspection conducted by the home inspector.
(2) The department shall promulgate rules establishing con-
tinuing education requirements for individuals registered under
this subchapter. The rules promulgated under this subsection shall
require the completion of at least 20 hours of continuing education
during each calendar year.
History: 1997 a. 81; 2009 a. 158.
440.975 Standards of practice. (1) In this section, rea-
sonably competent and diligent inspection means an inspection
that complies with the standards established under this subchapter
or the rules promulgated under this subchapter.
(2) A home inspector shall perform a reasonably competent
and diligent inspection to detect observable conditions of an
improvement to residential real property. Except for removing an
access panel that is normally removed by an occupant of residen-
tial real property, this subsection does not require a home inspec-
tor to disassemble any component of an improvement to residen-
tial real property. A reasonably competent and diligent inspection
under this subsection is not required to be technically exhaustive.
(3) After completing a home inspection, a home inspector
shall submit a written report to a client that does all of the follow-
ing:
(a) Lists the components of an improvement to residential real
property that the home inspector is required to inspect under the
rules promulgated under s. 440.974 (1) (b).
(b) Lists the components of an improvement to residential real
property that the home inspector has inspected.
(c) Describes any condition of an improvement to residential
real property or of any component of an improvement to residen-
tial real property that is detected by the home inspector during his
or her home inspection and that, if not repaired, will have a signifi-
cant adverse effect on the life expectancy of the improvement or
the component of the improvement.
(d) Provides any other information that the home inspector is
required to provide under the rules promulgated under s. 440.974
(1) (c).
71
(4) A home inspector is not required to report on any of the fol-
lowing:
(a) The life expectancy of an improvement to residential real
property or a component of an improvement to residential real
property.
(b) The cause of the need for any major repair to an improve-
ment to residential real property or a component of an improve-
ment to residential real property.
(c) The method of making any repair or correction, the materi-
als needed for any repair or correction or the cost of any repair or
correction.
(d) The suitability for any specialized use of an improvement
to residential real property.
(e) Whether an improvement to residential real property or a
component of an improvement to residential real property com-
plies with applicable regulatory requirements.
(f) The condition of any component of an improvement to resi-
dential real property that the home inspector was not required to
inspect under the rules promulgated under s. 440.974 (1) (b).
(5) A home inspector may not report, either in writing or ver-
bally, on any of the following:
(a) The market value or marketability of a property.
(b) Whether a property should or should not be purchased.
(6) This section does not require a home inspector to do any
of the following:
(a) Offer a warranty or guarantee of any kind.
(b) Calculate the strength, adequacy or efficiency of any com-
ponent of an improvement to residential real property.
(c) Enter any area or perform any procedure that may damage
an improvement to residential real property or a component of an
improvement to residential real property, or enter any area or per-
form any procedure that may be dangerous to the home inspector
or to other persons.
(d) Operate any component of an improvement to residential
real property that is inoperable.
(e) Operate any component of an improvement to residential
real property that does not respond to normal operating controls.
(f) Disturb insulation or move personal items, furniture, equip-
ment, vegetation, soil, snow, ice or debris that obstructs access to
or visibility of an improvement to residential real property or a
component of an improvement to residential real property.
(g) Determine the effectiveness of a component of an improve-
ment to residential real property that was installed to control or
remove suspected hazardous substances.
(h) Predict future conditions, including the failure of a compo-
nent of an improvement to residential real property.
(i) Project or estimate the operating costs of a component of
an improvement to residential real property.
(j) Evaluate acoustic characteristics of a component of an
improvement to residential real property.
(k) Inspect for the presence or absence of pests, including
rodents, insects and wooddamaging organisms.
(L) Inspect cosmetic items, underground items or items not
permanently installed.
(m) Inspect for the presence of any hazardous substances.
(7) A home inspector may not do any of the following:
(a) Perform or offer to perform any act or service contrary to
law.
(b) Deliver a home inspection report to any person other than
the client without the clients consent.
(c) Perform a home inspection for a client with respect to a
transaction if the home inspector, a member of the home inspec-
tors immediate family or an organization or business entity in
which the home inspector has an interest, is a party to the transac-
tion and has an interest that is adverse to that of the client, unless
the home inspector obtains the written consent of the client.
(d) Accept any compensation from more than one party to a
transaction for which the home inspector has provided home
inspection services without the written consent of all of the parties
to the transaction.
(e) Pay or receive, directly or indirectly, in full or in part, for
a home inspection or for the performance of any construction,
repairs, maintenance or improvements regarding improvements
to residential real property that is inspected by him or her, a fee,
a commission, or compensation as a referral or finders fee, to or
from any person who is not a home inspector.
(8) This section does not prohibit a home inspector from doing
(a) Reporting observations or conditions in addition to those
required under this section or the rules promulgated under this
section.
(b) Excluding a component of an improvement to residential
real property from the inspection, if requested to do so by his or
her client.
(c) Engaging in an activity that requires an occupation creden-
tial if he or she holds the necessary credential.
440.976 Disclaimers or limitation of liability. No home
inspector may include, as a term or condition in an agreement to
conduct a home inspection, any provision that disclaims the liabil-
ity, or limits the amount of damages for liability, of the home
inspector for his or her failure to comply with the standards of
practice prescribed in this subchapter or in rules promulgated
under this subchapter.
440.977 Liability of home inspectors. (1) Notwithstand-
ing s. 893.54, an action to recover damages for any act or omission
of a home inspector relating to a home inspection that he or she
conducts shall be commenced within 2 years after the date that a
home inspection is completed or be barred. The period of limita-
tion under this subsection may not be reduced by agreement.
(2) A home inspector is not liable to a person for damages that
arise from an act or omission relating to a home inspection that he
or she conducts if that person is not a party to the transaction for
which the home inspection is conducted.
440.978 Discipline; prohibited acts. (1) Subject to the
rules promulgated under s. 440.03 (1), the department may make
investigations or conduct hearings to determine whether a viola-
tion of this subchapter or any rule promulgated under this sub-
chapter has occurred.
department may reprimand a home inspector or deny, limit, sus-
pend or revoke a certificate under this subchapter if the depart-
ment finds that the applicant or home inspector has done any of
the following:
(a) Made a material misstatement in an application for a certifi-
cate or renewal of a certificate.
(b) Engaged in conduct while practicing as a home inspector
that evidences a lack of knowledge or ability to apply professional
(c) Subject to ss. 111.321, 111.322 and 111.335, been arrested
or convicted of an offense committed while registered under this
subchapter.
(d) Advertised in a manner that is false, deceptive or mislead-
ing.
(e) Advertised, practiced or attempted to practice as a home
inspector under another persons name.
(f) Allowed his or her name to be used by another person while
the other person was practicing or attempting to practice as a home
inspector.
72
(g) Subject to ss. 111.321, 111.322 and 111.34, practiced as a
home inspector while the individuals ability to practice was
(h) Acted as a home inspector in connection with a transaction
in which he or she was also an appraiser or broker.
(i) Performed, or agreed to perform, for compensation any
repairs, maintenance or improvements on any property less than
2 years after he or she conducts a home inspection, without the
written consent of the property owner given before the home
inspection occurred.
(j) Prevented or attempted to prevent a client from providing
a copy of, or any information from, a home inspection report done
by the home inspector in connection with a transaction to any
interested party to the transaction.
(k) Failed to provide a home inspection report to a client by the
date agreed on by the home inspector and the client or, if no date
was agreed on, within a reasonable time after completing the
inspection.
(m) Violated this subchapter or any rule promulgated under
this subchapter.
(3) In addition to or in lieu of proceeding under sub. (2), the
department may assess against a person who has engaged in any
of the practices specified in sub. (2) a forfeiture of not more than
$1,000 for each separate offense.
(4) In lieu of proceeding under sub. (1) or (2), the department
may place, in a registry information file, a copy of a complaint
received by the department against a Wisconsin registered home
inspector, the inspectors response to the complaint and a copy of
any records of the department concerning the complaint. If the
department establishes a registry information file under this sub-
section, the department shall use the following procedure:
(a) No later than 60 days after the date on which the department
receives a complaint alleging that a home inspector has engaged
in conduct that is grounds for discipline under sub. (2), the depart-
ment shall provide the inspector with a copy of the complaint and
place a copy of the complaint and a copy of any records of the
department concerning the complaint in the registry information
file.
(b) After receiving a copy of the complaint under par. (a), the
home inspector who is the subject of the complaint, or his or her
authorized representative, may place in the registry information
file a statement of reasonable length describing the inspectors
view of the correctness or relevance of any of the information con-
tained in the complaint.
(c) The department shall make the complaint, the home inspec-
tors response to the complaint, if any, and a copy of any records
of the department concerning the complaint placed in a registry
information file under this subsection available to the public.
(d) The department shall remove all complaints against and
other information concerning a home inspector from the registry
information file if, for a period of 2 years from the date of the most
recent complaint filed in the registry information file, no further
complaints have been filed against the inspector.
(5) The department may, as a condition of removing a limita-
tion on a certificate issued under this subchapter or of reinstating
a certificate that has been suspended or revoked under this sub-
chapter, do any of the following:
(a) Require the home inspector to obtain insurance against
loss, expense and liability resulting from errors and omissions or
neglect in the performance of services as a home inspector.
(b) Require the home inspector to file with the department a
bond that is furnished by a company authorized to do business in
this state and is in an amount approved by the department.
440.979 Report by department. The department shall sub-
mit an annual report to the legislature under s. 13.172 (2) that
describes all of the following:
(1) The number of home inspectors who are registered under
this subchapter.
(2) The number and nature of complaints regarding home
inspections that are received by the department from clients of
home inspectors.
(3) The number and nature of complaints regarding home
inspections that are received by the department from persons who
are not clients of home inspectors.
(4) An estimate of the cost of complying with this subchapter
that is incurred by home inspectors.
(5) The cost incurred by the department in carrying out its
duties under this subchapter.
History: 1997 a. 81; 1999 a. 32 s. 311.
SUBCHAPTER XII
SANITARIANS
440.98 Sanitarians; qualifications, duties, registra-
tion. (1) DEFINITIONS. In this section:
(a) Municipality means a county, city or village.
(b) Sanitarian means an individual who, through education,
training or experience in the natural sciences and their application
and through technical knowledge of prevention and control of pre-
ventable diseases, is capable of applying environmental control
measures so as to protect human health, safety and welfare.
(2) REGISTRATION QUALIFICATIONS. In order to safeguard life,
health and property, to promote public welfare and to establish the
status of those persons whose duties in environmental sanitation
call for knowledge of the natural sciences, the department may
establish minimum standards and qualifications for the registra-
tion of sanitarians.
(3) SANITARIANS; EMPLOYMENT OR CONTRACTUAL SERVICES.
Any agency of the state may employ or contract for the services
of sanitarians, registered under this section, who shall enforce the
public health statutes under chs. 250 to 256 or rules promulgated
under those statutes.
(5) REGISTRATION. Except as provided in s. 440.12 or 440.13,
the department shall register as a sanitarian any person who satis-
fies the conditions in sub. (6) and who has presented evidence sat-
isfactory to the department that sanitarian registration standards
and qualifications of the department, as established by rule, have
been met.
(6) APPLICATIONS. An application for a sanitarian registration
under this section shall be made on a form provided by the depart-
ment and filed with the department and shall be accompanied by
the initial credential fee determined by the department under s.
440.03 (9) (a). The renewal date for a sanitarian registration is
specified under s. 440.08 (2) (a), and the renewal fee for such reg-
istration is determined by the department under s. 440.03 (9) (a).
(7) RECIPROCITY. The department may by rule set standards
for sanitarians registered in other states to practice as registered
sanitarians in this state.
(8) REVOCATION OF REGISTRATION. The department may, after
a hearing held in conformance with ch. 227, revoke, deny, sus-
pend, or limit under this subchapter the registration of any sanitar-
ian, or reprimand the sanitarian, for practice of fraud or deceit in
obtaining the registration or any unprofessional conduct, incom-
petence, or professional negligence.
(9) FORFEITURE. In addition to or in lieu of a reprimand or a
denial, limitation, suspension, or revocation of a registration
73
under sub. (8), the department may assess against any person a for-
feiture of not less than $100 nor more than $1,000 for each viola-
tion under sub. (8).
History: 1975 c. 414 s. 28; 1977 c. 29, 418; 1983 a. 189; 1985 a. 182 s. 57; 1987
a. 27; 1993 a. 27 s. 223; Stats. 1993 s. 250.05; 1997 a. 191, 237; 1999 a. 9; 2005 a.
25 ss. 2120 to 2128; Stats. 2005 s. 440.70; 2005 a. 25 ss. 2121 to 2130, 2336m, 2337;
2005 a. 254 s. 35; 2007 a. 20, 130.
SUBCHAPTER XIII
LICENSED MIDWIVES
(1) Health care provider means a health care provider, as
defined in s. 146.81 (1) (a) to (p), a person licensed or issued a
training permit as an emergency medical technician under s.
256.15, or a person certified as a first responder under s. 256.15
(8) (a).
(2) Licensed midwife means a person who has been granted
a license under this subchapter to engage in the practice of mid-
wifery.
(3) Practice of midwifery means providing maternity care
during the antepartum, intrapartum, and postpartum periods.
History: 2005 a. 292; 2007 a. 97 s. 185; 2007 a. 130; 2009 a. 28.
440.981 Use of title; penalty. (1) No person may use the
title licensed midwife, describe or imply that he or she is a
licensed midwife, or represent himself or herself as a licensed
midwife unless the person is granted a license under this sub-
chapter or is licensed as a nursemidwife under s. 441.15.
(2) Any person who violates sub. (1) may be fined not more
than $250, imprisoned not more than 3 months, or both.
History: 2005 a. 292.
440.982 Licensure. (1) No person may engage in the prac-
tice of midwifery unless the person is granted a license under this
subchapter, is granted a temporary permit pursuant to a rule pro-
mulgated under s. 440.984 (2m), or is licensed as a nursemidwife
under s. 441.15.
(1m) Except as provided in sub. (2), the department may grant
a license to a person under this subchapter if all of the following
apply:
(a) The person submits an application for the license to the
department on a form provided by the department.
(b) The person pays the initial credential fee determined by the
department under s. 440.03 (9) (a).
(c) The person submits evidence satisfactory to the department
of one of the following:
1. The person holds a valid certified professional midwife
credential granted by the North American Registry of Midwives
or a successor organization.
2. The person holds a valid certified nursemidwife creden-
tial granted by the American College of Nurse Midwives or a suc-
cessor organization.
(d) The person submits evidence satisfactory to the department
that the person has current proficiency in the use of an automated
external defibrillator achieved through instruction provided by an
individual, organization, or institution of higher education
approved under s. 46.03 (38) to provide such instruction.
(2) The department may not grant a license under this sub-
chapter to any person who has been convicted of an offense under
s. 940.22, 940.225, 944.06, 944.15, 944.17, 944.30, 944.31,
944.32, 944.33, 944.34, 948.02, 948.025, 948.051, 948.06,
948.07, 948.075, 948.08, 948.09, 948.095, 948.10, 948.11, or
948.12 or under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
History: 2005 a. 292; 2007 a. 20, 104, 116.
440.983 Renewal of licensure. (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).
(2) A licensed midwife shall, at the time that he or she applies
for renewal of a license under sub. (1), submit proof satisfactory
to the department of all of the following:
(a) He or she holds a valid certified professional midwife cre-
dential from the North American Registry of Midwives or a suc-
cessor organization or a valid certified nursemidwife credential
from the American College of Nurse Midwives or a successor
organization.
(b) He or she has current proficiency in the use of an automated
external defibrillator achieved through instruction provided by an
individual, organization, or institution of higher education
approved under s. 46.03 (38) to provide such instruction.
History: 2005 a. 292; 2007 a. 20, 104.
440.984 Rule making. (1) The department shall promulgate
rules necessary to administer this subchapter. Except as provided
in subs. (2), (2m), and (3), any rules regarding the practice of mid-
wifery shall be consistent with standards regarding the practice of
midwifery established by the National Association of Certified
Professional Midwives or a successor organization.
(2) The rules shall allow a licensed midwife to administer oxy-
gen during the practice of midwifery.
(2m) The rules shall provide for the granting of temporary
permits to practice midwifery pending qualification for licensure.
(3) The rules may allow a midwife to administer, during the
practice of midwifery, oxytocin (Pitocin) as a postpartum antihe-
morrhagic agent, intravenous fluids for stabilization, vitamin K,
eye prophylactics, and other drugs or procedures as determined by
the department.
(4) The rules may not do any of the following:
(a) Require a licensed midwife to have a nursing degree or
diploma.
(b) Require a licensed midwife to practice midwifery under the
supervision of, or in collaboration with, another health care pro-
vider.
(c) Require a licensed midwife to enter into an agreement,
written or otherwise, with another health care provider.
(d) Limit the location where a licensed midwife may practice
midwifery.
(e) Permit a licensed midwife to use forceps or vacuum extrac-
tion.
History: 2005 a. 292.
440.985 Informed consent. A licensed midwife shall, at an
initial consultation with a client, provide a copy of the rules pro-
mulgated by the department under this subchapter and disclose to
the client orally and in writing all of the following:
(1) The licensed midwifes experience and training.
(2) Whether the licensed midwife has malpractice liability
insurance coverage and the policy limits of any such coverage.
(3) A protocol for medical emergencies, including transporta-
tion to a hospital, particular to each client.
(4) Any other information required by department rule.
History: 2005 a. 292.
Crossreference: See also s. SPS 182.01, Wis. adm. code.
department may conduct investigations and hearings to determine
whether a violation of this subchapter or any rule promulgated
under this subchapter has occurred.
department may reprimand a licensed midwife or deny, limit, sus-
pend, or revoke a license granted under this subchapter if the
74
department finds that the applicant or the licensed midwife has
done any of the following:
(a) Intentionally made a material misstatement in an applica-
tion for a license or for renewal of a license.
(b) Subject to ss. 111.321, 111.322, and 111.34, practiced mid-
wifery while his or her ability to engage in the practice was
(c) Advertised in a manner that is false or misleading.
(d) In the course of the practice of midwifery, made a substan-
tial misrepresentation that was relied upon by a client.
(e) In the course of the practice of midwifery, engaged in con-
duct that evidences an inability to apply the principles or skills of
midwifery.
(f) Obtained or attempted to obtain compensation through
fraud or deceit.
(g) Allowed another person to use a license granted under this
subchapter.
(h) Violated any law of this state or federal law that substan-
tially relates to the practice of midwifery, violated this subchapter,
or violated any rule promulgated under this subchapter.
department shall revoke a license granted under this subchapter if
the licensed midwife is convicted of any of the offenses specified
in 440.982 (2).
History: 2005 a. 292.
440.987 Advisory committee. If the department appoints
an advisory committee under s. 440.042 to advise the department
on matters relating to the regulation of licensed midwives, the
committee shall consist of only the following:
(1) Two members who are licensed midwives.
(2) One member who is licensed as a nursemidwife under s.
441.15 and who practices in an outofhospital setting.
(3) One member who is a physician specializing in obstetrics
and gynecology.
(4) One public member who has received midwifery care in an
outofhospital setting.
History: 2005 a. 292.
440.988 Vicarious liability. No health care provider shall be
liable for an injury resulting from an act or omission by a licensed
midwife, even if the health care provider has consulted with or
accepted a referral from the licensed midwife.
History: 2005 a. 292.
SUBCHAPTER XIV
UNIFORM ATHLETE AGENTS ACT
(1) Agency contract means an agreement in which a student
athlete authorizes a person to negotiate or solicit on behalf of the
student athlete a professionalsportsservices contract or an
endorsement contract.
(2) Athlete agent means an individual who enters into an
agency contract with a student athlete or recruits or solicits a stu-
dent athlete to enter into an agency contract. Athlete agent
includes an individual who represents to the public that the indi-
vidual is an athlete agent. Athlete agent does not include a
spouse, parent, sibling, grandparent, or guardian of the student
athlete or an individual acting solely on behalf of a professional
sports team or professional sports organization. Athlete agent
also does not include an individual who provides information to
a student athlete, but who does not recruit or solicit the student ath-
lete to enter into an agency contract.
(3) Athletic director means an individual responsible for
administering the overall athletic program of an educational insti-
tution or, if an educational institution has separately administered
athletic programs for male students and female students, the ath-
letic program for males or the athletic program for females, as
appropriate.
(4) Contact means a communication, direct or indirect,
between an athlete agent and a student athlete, to recruit or solicit
the student athlete to enter into an agency contract.
(5) Endorsement contract means an agreement under which
a student athlete is employed or receives consideration to use on
behalf of the other party any value that the student athlete may
have because of publicity, reputation, following, or fame obtained
because of athletic ability or performance.
(6) Intercollegiate sport means a sport played at the colle-
giate level for which eligibility requirements for participation by
a student athlete are established by a national association for the
promotion or regulation of collegiate athletics.
(7) Professionalsportsservices contract means an agree-
ment under which an individual is employed, or agrees to render
services, as a player on a professional sports team, with a profes-
sional sports organization, or as a professional athlete.
(8) Record means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(9) Registration means registration as an athlete agent under
this subchapter.
(10) State means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States.
(11) Student athlete means an individual who engages in, is
eligible to engage in, or may be eligible in the future to engage in,
any intercollegiate sport. If an individual is permanently ineligi-
ble to participate in a particular intercollegiate sport, the individ-
ual is not a student athlete for purposes of that sport.
History: 2003 a. 150.
440.9905 Service of process. By acting as an athlete agent
in this state, a nonresident individual appoints the secretary of
state as the individuals agent for service of process in any civil
action in this state related to the individuals acting as an athlete
agent in this state.
History: 2003 a. 150.
440.991 Athlete agents: registration required; void
contracts. (1) Except as otherwise provided in sub. (2), an indi-
vidual may not act as an athlete agent in this state without holding
a certificate of registration under s. 440.992 or 440.993.
(2) Before being issued a certificate of registration, an individ-
ual may act as an athlete agent in this state for all purposes except
signing an agency contract, if all of the following are satisfied:
(a) A student athlete or another person acting on behalf of the
student athlete initiates communication with the individual.
(b) Within 7 days after an initial act as an athlete agent, such
as an effort to recruit or solicit a student athlete to enter into an
agency contract, the individual submits an application for regis-
tration as an athlete agent in this state.
(3) An agency contract resulting from conduct in violation of
this section is void and the athlete agent shall return any consider-
ation received under the contract.
History: 2003 a. 150.
440.9915 Registration as athlete agent; form; require-
ments. (1) An applicant for registration as an athlete agent shall
submit an application for registration to the department in a form
prescribed by the department. The application must be in the
name of an individual and, except as otherwise provided in sub.
(2), signed or otherwise authenticated by the applicant under pen-
alty of perjury and state or contain all of the following:
75
(a) The name of the applicant and the address of the applicants
principal place of business.
(b) The name of the applicants business or employer, if appli-
cable.
(c) Any business or occupation engaged in by the applicant for
the 5 years next preceding the date of submission of the applica-
tion.
(d) A description of all of the following:
1. The applicants formal training as an athlete agent.
2. The applicants practical experience as an athlete agent.
3. The applicants educational background relating to his or
her activities as an athlete agent.
(e) The name, sport, and lastknown team for each individual
for whom the applicant acted as an athlete agent during the 5 years
next preceding the date of submission of the application.
(f) If the athlete agents business is not a corporation, the
names and addresses of the partners, members, officers, manag-
ers, associates, or profit sharers of the business.
(g) If the athlete agent is employed by a corporation, the names
and addresses of the officers and directors of the corporation and
any shareholder of the corporation having an interest of 5 percent
or more.
(h) Whether the applicant or any person named pursuant to par.
(f) or (g) has been convicted of a crime that, if committed in this
state, would be a felony, and a description of the crime.
(i) Whether there has been any administrative or judicial deter-
mination that the applicant or any person named pursuant to par.
(f) or (g) has made a false, misleading, deceptive, or fraudulent
representation.
(j) Any instance in which the conduct of the applicant or any
person named pursuant to par. (f) or (g) resulted in the imposition
of a sanction, suspension, or declaration of ineligibility to partici-
pate in an interscholastic or intercollegiate athletic event on a stu-
dent athlete or educational institution.
(k) Any sanction, suspension, or disciplinary action taken
against the applicant or any person named pursuant to par. (f) or
(g) arising out of occupational or professional conduct.
(L) Whether there has been any denial of an application for,
suspension or revocation of, or refusal to renew, the registration
or licensure of the applicant or any person named pursuant to par.
(f) or (g) as an athlete agent in any state.
(2) An individual who has submitted an application for, and
holds a certificate of, registration or licensure as an athlete agent
in another state may submit a copy of the application and certifi-
cate in lieu of submitting an application in the form prescribed
pursuant to sub. (1). The department shall accept the application
and the certificate from the other state as an application for regis-
tration in this state if all of the following are satisfied:
(a) The application to the other state was submitted in the other
state within the 6 months next preceding the submission of the
application in this state and the applicant certifies that the informa-
tion contained in the application to the other state is current.
(b) The application to the other state contains information sub-
stantially similar to or more comprehensive than that required in
an application submitted in this state.
(c) The application to the other state was signed by the appli-
cant under penalty of perjury.
History: 2003 a. 150.
440.992 Certificate of registration; issuance or denial;
renewal. (1) Except as otherwise provided in sub. (2), the
department shall issue a certificate of registration to an individual
who complies with s. 440.9915 (1) or whose application has been
accepted under s. 440.9915 (2), if the individual has paid the initial
credential fee determined by the department under s. 440.03 (9)
(a).
(2) The department may refuse to issue a certificate of regis-
tration if the department determines that the applicant has engaged
in conduct that has a significant adverse effect on the applicants
fitness to act as an athlete agent. In making the determination, the
department may consider whether the applicant has done any of
the following:
(a) Subject to ss. 111.321, 111.322, and 111.335, been con-
victed of a crime that, if committed in this state, would be a felony.
(b) Made a materially false, misleading, deceptive, or fraudu-
lent representation in the application or as an athlete agent.
(c) Engaged in unprofessional conduct or conduct that would
disqualify the applicant from serving in a fiduciary capacity.
(d) Engaged in conduct prohibited by s. 440.996.
(e) Had a registration or licensure as an athlete agent sus-
pended, revoked, or denied or been refused renewal of registration
or licensure as an athlete agent in any state.
(f) Engaged in conduct the consequence of which was that a
sanction, suspension, or declaration of ineligibility to participate
in an interscholastic or intercollegiate athletic event was imposed
on a student athlete or educational institution.
(g) Engaged in conduct that significantly adversely reflects on
the applicants credibility, honesty, or integrity.
(3) In making a determination under sub. (2), the department
shall consider each of the following:
(a) How recently the conduct occurred.
(b) The nature of the conduct and the context in which it
occurred.
(c) Any other relevant conduct of the applicant.
(4) An athlete agent may apply to renew a registration by sub-
mitting an application for renewal in a form prescribed by the
department. The application for renewal must be signed by the
applicant under penalty of perjury and must contain current infor-
mation on all matters required in an original registration. Applica-
tions submitted under this subsection shall be open to inspection
at all reasonable hours authorized by representatives of the depart-
ment.
(5) An individual who has submitted an application for
renewal of registration or licensure in another state, in lieu of sub-
mitting an application for renewal in the form prescribed under
sub. (4), may file a copy of the application for renewal and a valid
certificate of registration or licensure from the other state. The
department shall accept the application for renewal from the other
state as an application for renewal in this state if the application
to the other state satisfies all of the following:
(a) The application was submitted in the other state within the
6 months next preceding the filing in this state and the applicant
certifies that the information contained in the application for
renewal is current.
(b) The application contains information substantially similar
to or more comprehensive than that required in an application for
renewal submitted in this state.
(c) The application was signed by the applicant under penalty
of perjury.
(6) A certificate of registration or a renewal of a registration
is valid for 2 years.
History: 2003 a. 150; 2005 a. 25; 2007 a. 20.
440.9925 Suspension, revocation, or refusal to renew
registration. (1) The department may suspend, revoke, or
refuse to renew a registration for conduct that would have justified
denial of registration under s. 440.992 (2).
(2) The department may deny, suspend, revoke, or refuse to
renew a certificate of registration or licensure only after proper
notice and an opportunity for a hearing.
History: 2003 a. 150.
76
440.993 Temporary registration. The department may
issue a temporary certificate of registration while an application
for registration or renewal of registration is pending. The depart-
ment shall promulgate rules establishing requirements and proce-
dures for applying for and issuing temporary certificates of regis-
tration.
History: 2003 a. 150.
440.9935 Renewal. The renewal date for certificates of regis-
tration issued under this subchapter is specified in s. 440.08 (2)
(a), and the renewal fee for such certificates is determined by the
department under s. 440.03 (9) (a). Renewal applications shall be
submitted to the department on a form provided by the depart-
ment.
History: 2003 a. 150; 2005 a. 25; 2007 a. 20.
440.994 Required form of contract. (1) An agency con-
tract must be in a record, signed or otherwise authenticated by the
parties.
(2) An agency contract must state or contain all of the follow-
ing:
(a) The amount and method of calculating the consideration to
be paid by the student athlete for services to be provided by the
athlete agent under the contract and any other consideration that
the athlete agent has received or will receive from any other source
for entering into the contract or for providing the services.
(b) The name of any person not listed in the application for reg-
istration or renewal of registration who will be compensated
because the student athlete signed the agency contract.
(c) A description of any expenses that the student athlete
agrees to reimburse.
(d) A description of the services to be provided to the student
athlete.
(e) The duration of the contract.
(f) The date of execution.
(3) An agency contract must contain, in close proximity to the
signature of the student athlete, a conspicuous notice in boldface
type and capital letters stating the following:
WARNING TO STUDENT ATHLETE
IF YOU SIGN THIS CONTRACT:
1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE
AS A STUDENT ATHLETE IN YOUR SPORT;
2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72
HOURS AFTER ENTERING INTO THIS CONTRACT OR
BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN
WHICH YOU MAY PARTICIPATE, WHICHEVER OCCURS
FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST
NOTIFY YOUR ATHLETIC DIRECTOR; AND
3) YOU MAY CANCEL THIS CONTRACT WITHIN 14
DAYS AFTER SIGNING IT. CANCELLATION OF THIS CON-
TRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
(4) An agency contract that does not conform to this section
is voidable by the student athlete. If a student athlete voids an
agency contract, the student athlete is not required to pay any con-
sideration under the contract or to return any consideration
received from the athlete agent to induce the student athlete to
enter into the contract.
(5) The athlete agent shall give a record of the signed or other-
wise authenticated agency contract to the student athlete at the
time of execution.
History: 2003 a. 150, 326.
440.9945 Notice to educational institution. (1) Within
72 hours after entering into an agency contract or before the next
scheduled athletic event in which the student athlete may partici-
pate, whichever occurs first, the athlete agent shall give notice in
a record of the existence of the contract to the athletic director of
the educational institution at which the student athlete is enrolled
or the athlete agent has reasonable grounds to believe the student
athlete intends to enroll.
(2) Within 72 hours after entering into an agency contract or
before the next athletic event in which the student athlete may par-
ticipate, whichever occurs first, the student athlete shall inform
the athletic director of the educational institution at which the stu-
dent athlete is enrolled that he or she has entered into an agency
contract.
History: 2003 a. 150.
440.995 Student athletes right to cancel. (1) A student
athlete may cancel an agency contract by giving notice of the can-
cellation to the athlete agent in a record within 14 days after the
contract is signed.
(2) A student athlete may not waive the right to cancel an
agency contract.
(3) If a student athlete cancels an agency contract, the student
athlete is not required to pay any consideration under the contract
or to return any consideration received from the athlete agent to
induce the student athlete to enter into the contract.
History: 2003 a. 150.
440.9955 Required records. (1) An athlete agent shall
retain all of the following records for a period of 5 years:
(a) The name and address of each individual represented by the
athlete agent.
(b) Any agency contract entered into by the athlete agent.
(c) Any direct costs incurred by the athlete agent in the recruit-
ment or solicitation of a student athlete to enter into an agency
contract.
(2) Records required by sub. (1) to be retained are open to
inspection by the department during normal business hours. Upon
demand, an athlete agent shall provide a copy of such a record to
the department.
History: 2003 a. 150.
440.996 Prohibited conduct. (1) An athlete agent, with the
intent to induce a student athlete to enter into an agency contract,
may not do any of the following:
(a) Give any materially false or misleading information or
make a materially false promise or representation.
(b) Furnish anything of value to a student athlete before the stu-
dent athlete enters into the agency contract.
(c) Furnish anything of value to any individual other than the
student athlete or another registered athlete agent.
(2) An athlete agent may not intentionally do any of the fol-
lowing:
(a) Initiate contact with a student athlete unless registered
under this subchapter.
(b) Refuse or fail to retain or permit inspection of the records
required to be retained by s. 440.9955.
(c) Fail to register when required by s. 440.991.
(d) Provide materially false or misleading information in an
application for registration or renewal of registration.
(f) Predate or postdate an agency contract.
(g) Fail to notify a student athlete before the student athlete
signs or otherwise authenticates an agency contract for a particu-
lar sport that the signing or authentication may make the student
athlete ineligible to participate as a student athlete in that sport.
History: 2003 a. 150.
440.9965 Criminal penalties. An athlete agent who violates
s. 440.996 may be fined not more than $10,000 or imprisoned for
not more than 9 months or both.
History: 2003 a. 150.
440.997 Civil remedies. (1) An educational institution may
bring an action against an athlete agent for damages caused by a
77
violation of this subchapter. In an action under this subsection, the
court may award to the prevailing party costs and, notwithstand-
ing s. 814.04, reasonable attorney fees.
(2) Damages of an educational institution under sub. (1)
include losses and expenses incurred because, as a result of the
conduct of an athlete agent, the educational institution was injured
by a violation of this subchapter or was penalized, disqualified, or
suspended from participation in athletics by a national association
for the promotion and regulation of athletics, by an athletic confer-
ence, or by reasonable selfimposed disciplinary action taken to
mitigate sanctions likely to be imposed by such an organization.
(3) A right of action under this section does not accrue until
the educational institution discovers or by the exercise of reason-
able diligence would have discovered the violation by the athlete
agent.
(5) This subchapter does not restrict rights, remedies, or
defenses of any person under law or equity.
History: 2003 a. 150.
440.9975 Administrative forfeiture. The department may
directly assess a forfeiture against an athlete agent of not more
than $25,000 for a violation of this subchapter.
History: 2003 a. 150.
440.998 Uniformity of application and construction. In
applying and construing this subchapter, consideration must be
given to the need to promote uniformity of the law with respect to
its subject matter among the states that enact the Uniform Athlete
Agents Act.
History: 2003 a. 150.
440.9985 Electronic Signatures in Global and National
Commerce Act. The provisions of this subchapter governing
the legal effect, validity, or enforceability of electronic records or
signatures, and of contracts formed or performed with the use of
such records or signatures conform to the requirements of section
102 of the federal Electronic Signatures in Global and National
Commerce Act, 15 USC 7002, and supersede, modify, and limit
the federal Electronic Signatures in Global and National Com-
merce Act, 15 USC 7001 to 7031.
History: 2003 a. 150.
440.999 Rules. The department shall promulgate rules that
define unprofessional conduct for purposes of s. 440.992 (2) (c).
History: 2003 a. 150.
78
PHARMACY EXAMINING BOARD 450.01
CHAPTER 450
PHARMACY EXAMINING BOARD
450.01 Definitions.
450.02 Pharmacy examining board.
450.025 Pharmacist advisory council.
450.03 Pharmacist; licensure.
450.035 Administration of drug products and devices; vaccines.
450.05 Pharmacist licensed in other state; licensure.
450.06 Pharmacies located in this state; licensure.
450.062 Remote dispensing.
450.065 Outofstate pharmacies; licensure.
450.07 Manufacturers; licensure.
450.071 Wholesale distributors; licensure.
450.072 Wholesale distributors; restrictions on transactions.
450.073 Wholesale distributors; pedigree.
450.074 Wholesale distributors; prohibited actions, enforcement, penalties.
450.08 License renewal.
450.085 Continuing education.
450.09 Pharmacy practice.
450.095 Duty to dispense contraceptives.
450.10 Disciplinary proceedings; immunity; orders.
450.11 Prescription drugs and prescription devices.
450.12 Labeling of prescription drugs and prescription drug products.
450.125 Drugs for animal use.
450.13 Using drug product equivalent in dispensing prescriptions.
450.14 Poisons.
450.145 Reporting potential causes of public health emergency.
450.15 Placing prescription drugs prohibited.
450.155 Exhibition, display or advertisement of certain vending machines by use
of certain material prohibited.
450.16 Sale of contraceptives prohibited in certain areas.
450.17 Violations.
450.18 Penalties.
450.19 Prescription drug monitoring program.
Crossreference: See definitions in s. 440.01.
Crossreference: See also Phar, Wis. adm. code.
450.01 Definitions. In this chapter:
(1) Administer means the direct application of a vaccine or
a prescribed drug or device, whether by injection, ingestion or any
other means, to the body of a patient or research subject by any of
the following:
(a) A practitioner or his or her authorized agent.
(b) A patient or research subject at the direction of a practi-
tioner.
(c) A pharmacist.
(1m) Advanced practice nurse prescriber means an
advanced practice nurse who is certified under s. 441.16 (2).
(1p) Affiliated group has the meaning given in section 1504
of the Internal Revenue Code.
(1t) Authenticate means to affirmatively verify, before
wholesale distribution of a prescription drug occurs, that each
transaction listed on a pedigree has occurred.
(1x) Authorized distributor of record means a wholesale
distributor with whom a manufacturer has established an ongoing
relationship to distribute the manufacturers prescription drug.
For purposes of this subsection, an ongoing relationship exists
between a wholesale distributor and a manufacturer if all of the
following apply:
(a) The wholesale distributor, including any affiliated group of
the wholesale distributor, has in effect a written agreement with
the manufacturer evidencing the ongoing relationship.
(b) The wholesale distributor, including any affiliated group
of the wholesale distributor, is included in the manufacturers cur-
rent list of authorized distributors of record.
(2) Board means the pharmacy examining board.
(2m) Colicensed means, with respect to a partner or prod-
uct, that 2 or more parties have the right to engage in marketing
or manufacturing of a product consistent with the federal food and
drug administrations implementation of the federal prescription
drug marketing act.
(3) Compound means to mix, combine or put together vari-
ous ingredients or drugs for the purpose of dispensing.
(4) Controlled substance has the meaning designated in s.
961.01 (4).
(5) Deliver or delivery means the actual, constructive or
attempted transfer of a drug or device from one person to another.
(6) Device means an instrument, apparatus, implement,
machine, contrivance, implant, in vitro reagent or other similar or
related article, including any component, part or accessory, which
does not achieve any of its principal intended purposes through
chemical action within or on the body of a person or other animal,
is not dependent upon being metabolized for the achievement of
any of its principal intended purposes and is:
(a) Recognized by the U.S. pharmacopoeia and national for-
mulary or official homeopathic pharmacopoeia of the United
States, or any supplement to either of them;
(b) Intended for use in the diagnosis, cure, mitigation, treat-
ment or prevention of disease or other conditions in persons or
other animals; or
(c) Intended to affect the structure or any function of the body
of persons or other animals.
(7) Dispense means to deliver a prescribed drug or device
to an ultimate user or research subject by or pursuant to the pre-
scription order of a practitioner, including the compounding,
packaging or labeling necessary to prepare the prescribed drug or
device for delivery.
(8) Distribute means to deliver, other than by administering
or dispensing.
(9) Distributor means a person licensed by the board under
s. 450.07 (2).
NOTE: Section 450.07 (2) was repealed by 2007 Wis. Act 20.
(9m) Drop shipment means a sale of a prescription drug to
a wholesale distributor by the manufacturer of the drug, by the
manufacturers colicensed product partner, by the manufacturers
3rd party logistics provider, or by the manufacturers exclusive
distributor, to which all of the following apply:
(a) The wholesale distributor or chain pharmacy warehouse
takes title to, but not physical possession of, the drug.
(b) The wholesale distributor invoices a pharmacy, a chain
pharmacy warehouse, or a person authorized to dispense or
administer the drug to a patient.
(c) The pharmacy, chain pharmacy warehouse, or person
authorized to dispense or administer the drug receives delivery of
the drug directly from the manufacturer, the manufacturers 3rd
party logistics provider, or the manufacturers exclusive distribu-
tor.
(10) Drug means:
(a) Any substance recognized as a drug in the official U.S.
pharmacopoeia and national formulary or official homeopathic
pharmacopoeia of the United States or any supplement to either
of them;
79
450.01 PHARMACY EXAMINING BOARD
(b) Any substance intended for use in the diagnosis, cure, miti-
gation, treatment or prevention of disease or other conditions in
persons or other animals;
(c) Any substance other than a device or food intended to affect
the structure or any function of the body of persons or other ani-
mals; or
(d) Any substance intended for use as a component of any arti-
cle specified in pars. (a) to (c) but does not include gases or devices
or articles intended for use or consumption in or for mechanical,
industrial, manufacturing or scientific applications or purposes.
(11) Drug product means a specific drug or drugs in a spe-
cific dosage form and strength from a known source of manufac-
ture.
(11m) Facility means a location where a wholesale distrib-
utor stores, handles, repackages, or offers for sale prescription
drugs.
(11r) Intracompany sales means any transaction or transfer
between any division, subsidiary, parent, or affiliated or related
company under common ownership and control of a corporate
entity or any transaction or transfer between colicensees of a coli-
censed product.
(12) Manufacturer means a person licensed or approved by
the federal food and drug administration to engage in the
manufacture of drugs or devices, consistent with the definition of
manufacturer under the federal food and drug administrations
regulations and interpreted guidances implementing the federal
prescription drug marketing act.
(12m) Manufacturers exclusive distributor means a per-
son that contracts with a manufacturer to provide or coordinate
warehousing, distribution, or other services on behalf of the
manufacturer and who takes title to the manufacturers prescrip-
tion drug but who does not have general responsibility to direct the
sale or disposition of the drug.
(13) Manufacturing means making, assembling, process-
ing or modifying devices, or mixing, producing or preparing drugs
in dosage forms by encapsulating, entableting or other process, or
packaging, repackaging or otherwise changing the container,
wrapper or label of any package containing a drug or device in fur-
therance of the distribution of the drug or device from the original
place of manufacture to the person who makes final delivery or
sale to the ultimate consumer.
(13m) Nonprescription drug product means any nonnar-
cotic drug product which may be sold without a prescription order
and which is prepackaged for use by consumers and labeled in
accordance with the requirements of state and federal law.
(13r) (a) Normal distribution channel means a chain of cus-
tody for a prescription drug that runs, directly or by drop shipment,
from the manufacturer of a drug, from the manufacturer to the
manufacturers colicensed partner, from the manufacturer to the
manufacturers 3rdparty logistics provider, or from the manufac-
turer to the manufacturers exclusive distributor, and continues as
described in any of the following:
1. To a pharmacy or to a person authorized to dispense or
administer a drug to a patient.
2. To an authorized distributor of record, and then to a phar-
macy or to a person authorized to dispense or administer a drug
to a patient.
3. To an authorized distributor of record, then to one other
authorized distributor of record, then to an officebased practi-
tioner.
4. To a pharmacy warehouse to the pharmacy warehouses
intracompany pharmacy, then to a patient or to a person authorized
to dispense or administer a drug to a patient.
5. To an authorized distributor of record, then to a pharmacy
warehouse, then to the pharmacy warehouses intracompany
pharmacy, then to a patient or to a person authorized to dispense
or administer a drug to a patient.
(b) For purposes of this subsection, a distribution of a prescrip-
tion drug to a warehouse or to another entity that redistributes the
drug by intracompany sale to a pharmacy or to another person
authorized to dispense or administer the drug constitutes a dis-
tribution to the pharmacy or to the person authorized to dispense
or administer the drug.
(14) Patient means the person or other animal for whom
drug products or devices are prescribed or to whom drug products
or devices are dispensed or administered.
(14m) Pedigree means a document or electronic file con-
taining information that records each distribution of a prescription
drug.
(15) Pharmacist means a person licensed by the board under
s. 450.03 or 450.05.
(15m) Pharmacy warehouse means a physical location for
prescription drugs that acts as a central warehouse and performs
intracompany sales.
(15r) Physician assistant has the meaning given in s. 448.01
(6).
(16) Practice of pharmacy means any of the following:
(a) Interpreting prescription orders.
(b) Compounding, packaging, labeling, dispensing and the
coincident distribution of drugs and devices.
(c) Participating in drug utilization reviews.
(d) Proper and safe storage of drugs and devices and maintain-
ing proper records of the drugs and devices.
(e) Providing information on drugs or devices which may
include, but is not limited to, advice relating to therapeutic values,
potential hazards and uses.
(f) Drug product substitution under s. 450.13.
(g) Supervision of pharmacist supportive personnel.
(h) Making therapeutic alternate drug selections, if made in
accordance with written guidelines or procedures previously
established by a pharmacy and therapeutics committee of a hospi-
tal and approved by the hospitals medical staff and use of the ther-
apeutic alternate drug selection has been approved for a patient
during the period of the patients stay within the hospital by any
of the following:
1. The patients physician.
2. The patients advanced practice nurse prescriber, if the
advanced practice nurse prescriber has entered into a written
agreement to collaborate with a physician.
3. The patients physician assistant.
(i) Drug regimen screening, including screening for therapeu-
tic duplication, drugtodrug interactions, incorrect dosage,
incorrect duration of treatment, drug allergy reactions and clinical
abuse or misuse.
(j) Performing any act necessary to manage a pharmacy.
(k) Administering prescribed drug products and devices under
s. 450.035 (1r) and, pursuant to vaccination protocols, vaccines.
(17) Practitioner means a person licensed in this state to pre-
scribe and administer drugs or licensed in another state and recog-
nized by this state as a person authorized to prescribe and adminis-
ter drugs.
(18) Prescribed drug or device means any drug or device
prescribed by a practitioner.
(19) Prescription means a drug or device prescribed by a
practitioner.
(20) Prescription drug means all of the following, but does
not include blood, blood components intended for transfusion, or
biological products that are also medical devices:
(a) A drug, drug product, or drugcontaining preparation that
is subject to 21 USC 353 (b) or 21 CFR 201.105.
(b) A controlled substance included in schedules II to V of ch.
961, whether by statute or rule, except a substance that by law may
be dispensed without the prescription order of a practitioner. Con-
80
trolled substances are included within this definition for purposes
of s. 450.11 (3), (4) (a), and (8) only and for violations thereof pun-
ishable under s. 450.11 (9).
(21) Prescription order means an order transmitted orally,
electronically or in writing by a practitioner for a drug or device
for a particular patient.
(21e) Repackage means to repack or otherwise change the
container, wrapper, or label of a prescription drug, except that
repackage does not include any of the following:
(a) An action by a pharmacist with respect to a prescription
drug that the pharmacist is dispensing.
(b) An action by a pharmacist who receives a prescription drug
or device that the pharmacist dispensed to a patient, if, after alter-
ing the packaging or labeling of the prescription drug or device,
the pharmacist returns the prescription drug or device to the
patient.
(21m) Repackager means a person that repackages.
(21s) Third party logistics provider means a person that
contracts with a prescription drug manufacturer to provide or
coordinate warehousing, distribution, or other services on behalf
of the manufacturer but that does not take title to the manufactur-
ers prescription drug or have general responsibility to direct the
prescription drugs sale or disposition.
(22) Vaccination protocol means a written protocol agreed
to by a physician, as defined in s. 448.01 (5), and a pharmacist that
establishes procedures and recordkeeping and reporting require-
ments for the administration of a vaccine by a pharmacist for a
period specified in the protocol that may not exceed 2 years.
(23) Wholesale distribution means distribution of a pre-
scription drug to a person other than a consumer or patient, but
does not include any of the following:
(a) Intracompany sales of prescription drugs.
(b) The sale, purchase, distribution, trade, or transfer of a pre-
scription drug or offer to sell, purchase, distribute, trade, or trans-
fer a prescription drug for emergency medical reasons.
(c) The distribution of prescription drug samples, if the dis-
tribution is permitted under 21 USC 353 (d).
(d) Drug returns, when conducted by a hospital, health care
entity, or charitable institution as provided in 21 CFR 203.23.
(e) The sale of minimal quantities, as defined by the board in
an administrative rule, of prescription drugs by retail pharmacies
to licensed practitioners for office use.
(f) The sale, purchase, or trade of a drug, an offer to sell, pur-
chase, or trade a drug, or the dispensing of a drug pursuant to a pre-
scription.
(g) The sale, transfer, merger, or consolidation of all or part of
the business of a pharmacy from or with another pharmacy,
whether accomplished as a purchase and sale of stock or business
assets.
(h) The sale, purchase, distribution, trade, or transfer of a pre-
scription drug from one authorized distributor of record to one
additional authorized distributor of record, if the manufacturer
states in writing to the receiving authorized distributor of record
that the manufacturer is unable to supply the drug and the supply-
ing authorized distributor of record states in writing that the drug
has previously been exclusively in the normal distribution chan-
nel.
(i) The delivery of, or offer to deliver, a prescription drug by
a common carrier solely in the common carriers usual course of
business of transporting prescription drugs, if the common carrier
does not store, warehouse, or take legal ownership of the drug.
(j) A transaction excluded from the definition of wholesale
distribution under 21 CFR 203.3 (cc).
(k) The donation or distribution of a prescription drug under
s. 255.056 or under 21 CFR 203.39.
(L) The transfer from a retail pharmacy or pharmacy ware-
house of an expired, damaged, returned, or recalled prescription
drug to the original manufacturer or original wholesale distributor
or to a 3rdparty returns processor or reverse distributor.
(m) The return of a prescription drug, if the return is authorized
by the law of this state.
(24) Wholesale distributor means a person engaged in the
wholesale distribution of prescription drugs, including manufac-
turers, repackagers, ownlabel distributors, private label distribu-
tors, jobbers, brokers, warehouses, including manufacturers and
distributors warehouses, manufacturers exclusive distributors,
manufacturers authorized distributors of record, prescription
drug wholesalers and distributors, independent wholesale pre-
scription drug traders, 3rd party logistics providers, retail pharma-
cies that conduct wholesale distribution, and chain pharmacy
warehouses that conduct wholesale distribution.
History: 1985 a. 146; 1987 a. 65; 1991 a. 114; 1995 a. 448; 1997 a. 27, 68; 1997
a. 237 s. 727m; 2005 a. 187; 2007 a. 20; 2009 a. 142; 2011 a. 161, 260.
Vitamins not intended for use in the diagnosis, cure, investigation, treatment, or
prevention of diseases are not drugs under this section. 66 Atty. Gen. 137.
450.02 Pharmacy examining board. (1) The department
shall keep a record of the proceedings and a register of the names
and places of practice or business of pharmacies, manufacturers,
distributors and other persons licensed under this chapter, and the
books, registers and records of the department shall be prima facie
evidence of the matters recorded.
(2) The board shall adopt rules defining the active practice of
pharmacy. The rules shall apply to all applicants for licensure
under s. 450.05.
(2g) (a) The pharmacy examining board shall, after consulta-
tion with the medical examining board and the board of nursing,
promulgate rules that establish criteria for approving courses
under ss. 450.035 (1r) and (2) and 450.085 (1).
(b) The board shall promulgate rules that establish require-
ments and procedures for the administration of a drug product or
device, as defined in s. 450.035 (1g), by a pharmacist under s.
450.035 (1r). Notwithstanding s. 15.08 (5) (b), the board may pro-
mulgate rules under this paragraph only if the rules are identical
to rules recommended by the pharmacist advisory council. The
board may amend or repeal rules promulgated under this para-
graph only upon the recommendation of the pharmacist advisory
council.
(2m) The board shall periodically prepare and distribute let-
ters, bulletins or other types of notice to pharmacists that identify
the courses that are approved for purposes of ss. 450.035 (1r) and
(2) and 450.085 (1).
(3) The board may promulgate rules:
(a) Relating to the manufacture of drugs and the distribution
and dispensing of prescription drugs.
(b) Establishing security standards for pharmacies.
(c) Relating to the manufacture, distribution and dispensing of
hypodermic syringes, needles and other objects used, intended for
use or designed for use in injecting a drug.
(d) Necessary for the administration and enforcement of this
chapter and ch. 961.
(e) Establishing minimum standards for the practice of phar-
macy.
(f) Establishing procedures for identifying pharmacists
impaired by alcohol or other drugs or physical or mental disability
or disease and for assisting those pharmacists in obtaining treat-
ment.
(3m) (a) The board or its designee may grant a variance to a
requirement of this chapter or to a rule promulgated by the board
if all of the following are true:
1. The board or its designee determines that a natural or man
made disaster or emergency exists or has occurred.
2. A pharmacist has requested the variance.
3. The board or its designee determines that the variance is
necessary to protect the public health, safety, or welfare.
81
(am) If a member of the board disagrees with a decision made
by a designee under par. (a), the board chairperson shall call a
meeting of the board as soon as practicable to review the decision.
The board may affirm or modify the designees decision.
(b) A variance granted under par. (a) shall be for a stated term
not to exceed 90 days, except that the board or its designee may
extend the variance upon request by a pharmacist if it determines
that an extension is necessary to protect the public health, safety,
or welfare.
(4) The board may not promulgate a rule which does any of the
following:
(a) Limits to a pharmacist the authority to sell or in any way
interferes with the sale of nonnarcotic nonprescription drugs that
are prepackaged for consumer use and labeled in compliance with
all applicable state and federal laws.
(b) Interprets s. 448.03 (2) (e) to expand the therapeutic alter-
nate drug selection powers of a pharmacist beyond those specified
in s. 450.01 (16) (h).
History: 1985 a. 146; 1987 a. 65; 1995 a. 448; 1997 a. 68; 1997 a. 237 s. 727m;
2005 a. 270.
Crossreference: See also Phar, Wis. adm. code.
450.025 Pharmacist advisory council. The pharmacist
advisory council shall recommend rules for promulgation by the
board under s. 450.02 (2g) (b) and may recommend the amend-
ment or repeal of any rules promulgated under s. 450.02 (2g) (b).
A unanimous vote of the members of the pharmacist advisory
council is required for the council to make a recommendation
under this section.
History: 1997 a. 68; 1997 a. 237 s. 727m.
450.03 Pharmacist; licensure. (1) No person may engage
in the practice of pharmacy or use the title pharmacist or sell,
give away or barter drugs unless the person is licensed as a phar-
macist by the board. This subsection does not apply to:
(a) The offer to sell or sale of contraceptive articles, as defined
under s. 450.155 (1) (a), by a registered nurse licensed under s.
441.06.
(b) The sale of any nonprescription drug product, in an original
unbroken package, which complies with 21 USC 301 to 392.
(c) The sale of pesticides which comply with ss. 94.67 to 94.71.
(d) The delivery of complimentary samples of drug products
or devices to a practitioner by a manufacturer or its agent acting
in the usual course of business.
(e) Any person lawfully practicing within the scope of a
license, permit, registration, certificate or certification granted to
practice professional or practical nursing or nursemidwifery
under ch. 441, to practice dentistry or dental hygiene under ch.
447, to practice medicine and surgery under ch. 448, to practice
optometry under ch. 449 or to practice veterinary medicine under
ch. 453, or as otherwise provided by statute.
(f) A person who has successfully completed his or her second
year in, and is enrolled at, an accredited school of pharmacy and
whose practice of pharmacy is limited to performing duties under
the direct supervision of a person licensed as a pharmacist by the
board.
(g) A person who has applied for a license under s. 450.05
whose practice of pharmacy is limited to performing duties under
the direct supervision of a person licensed as a pharmacist by the
board and during the period before which the board takes final
action on the persons application.
(h) The provision of services by a health care provider under
s. 257.03.
(2) The board shall issue a license as a pharmacist to any per-
son who files satisfactory proof of qualifications under s. 450.04
(3), passes the examination under s. 450.04 and pays the fee speci-
fied in s. 440.05 (1), except as provided under s. 450.10.
History: 1985 a. 146; 1987 a. 264; 1991 a. 39; 2001 a. 16; 2005 a. 96; 2009 a. 42.
Crossreference: See also chs. Phar 2 and 17, Wis. adm. code.
450.035 Administration of drug products and devices;
vaccines. (1g) In this section, drug product or device does
not include a vaccine.
(1r) A pharmacist may not administer by injection a pre-
scribed drug product or device unless he or she has successfully
completed a course of study and training in injection technique
conducted by a course provider approved by the American Coun-
cil on Pharmaceutical Education or the board. A pharmacist may
administer a prescribed drug product or device under this subsec-
tion only in the course of teaching selfadministration techniques
to a patient. A pharmacist who administers a prescribed drug
product or device under this subsection shall comply with the
requirements and procedures established in rules promulgated by
the board under s. 450.02 (2g) (b).
(1t) A person engaged in the practice of pharmacy under s.
450.03 (1) (f) or (g) may not administer a prescribed drug product
or device unless he or she has successfully completed a course of
study and training in administration technique conducted by a
course provider approved by the American Council on Pharma-
ceutical Education or the board. A person engaged in the practice
of pharmacy under s. 450.03 (1) (f) or (g) may administer a pre-
scribed drug product or device under this subsection only under
the direct supervision of a pharmacist who has successfully com-
pleted a course of study and training in administration technique
conducted by a course provider approved by the American Coun-
cil on Pharmaceutical Education or the board, and only in the
course of teaching selfadministration techniques to a patient. A
person engaged in the practice of pharmacy under s. 450.03 (1) (f)
or (g) who administers a prescribed drug product or device under
this subsection shall comply with the requirements and proce-
dures established in rules promulgated by the board under s.
450.02 (2g) (b).
(2) A pharmacist may not administer a vaccine unless he or
she has successfully completed 12 hours in a course of study and
training, approved by the American Council on Pharmaceutical
Education or the board, in vaccination storage, protocols, admin-
istration technique, emergency procedures and record keeping
and has satisfied the requirements specified in sub. (2t). A phar-
macist may not administer a vaccine under this subsection to a per-
son who is under the age of 6.
(2g) A person engaged in the practice of pharmacy under s.
450.03 (1) (f) or (g) may not administer a vaccine unless he or she
acts under the direct supervision of a pharmacist and he or she and
the supervising pharmacist have successfully completed 12 hours
in a course of study and training, approved by the American Coun-
cil on Pharmaceutical Education or the board, in vaccination stor-
age, protocols, administration technique, emergency procedures
and record keeping and the supervising pharmacist has satisfied
the requirements specified in sub. (2t). A person engaged in the
practice of pharmacy under s. 450.03 (1) (f) or (g) may not admin-
ister a vaccine under this subsection to a person who is under the
age of 18.
(2m) Except as provided in sub. (1t) or (2g), a pharmacist may
not delegate to any person any administration of a prescribed drug
product or device or vaccine under sub. (1r) or (2).
(2t) A pharmacist may not administer a vaccine under sub. (2)
or supervise a person administering a vaccine under sub. (2g)
unless the pharmacist satisfies each of the following:
(a) The pharmacist has in effect liability insurance that covers
the pharmacist and a person who administers a vaccine under sub.
(2g) against loss, expense and liability resulting from errors, omis-
sions or neglect in the administration of vaccines in an amount that
is not less than $1,000,000 for each occurrence and $2,000,000 for
all occurrences in any one policy year.
(b) The pharmacist maintains proof that he or she satisfies the
requirement specified in par. (a) and, upon request, provides cop-
ies of such proof to the department or the board.
(3) A pharmacist or a person engaged in the practice of phar-
macy under s. 450.03 (1) (f) or (g) who successfully completes a
82
course of study and training specified in sub. (1r), (1t), (2), or (2g)
shall maintain proof of completion and, upon request, provide
copies of such proof to the department or the board.
History: 1997 a. 68; 1997 a. 237 s. 727m; 2003 a. 181; 2011 a. 32.
450.04 Examinations. (1) Examinations for licensure as a
pharmacist shall be designed to determine whether an applicant is
competent to engage in the practice of pharmacy.
(2) Examinations shall be conducted at least semiannually.
(3) Every candidate for examination for licensure as a phar-
macist shall submit an application on a form provided by the
department and pay the fee specified in s. 440.05 (1) at least 30
days before the date of examination. Every candidate shall also
submit proof to the board that he or she:
(a) Has received a professional degree from a pharmacy pro-
gram approved by the board; and
(b) Has completed an internship in the practice of pharmacy
or has practical experience acquired in another state which is com-
parable to that included in an internship and which is approved and
verified by the board or by the agency which is the equivalent of
the board in the state in which the practical experience was
acquired.
History: 1985 a. 146; 1991 a. 39; 1997 a. 27; 1997 a. 237 s. 722u; 2001 a. 16.
Crossreference: See also ch. Phar 4 and ss. Phar 2.02, 2.03, and 17.04, Wis. adm.
code.
Postexamination review with applicants discussed. 68 Atty. Gen. 48.
450.05 Pharmacist licensed in other state; licensure.
The board may, upon application and payment of the fee specified
in s. 440.05 (2), license as a pharmacist any person who is licensed
in another state if the person produces satisfactory evidence of
having met requirements comparable to those that existed in this
state at the time the person became licensed in the other state. The
board shall not license as a pharmacist under this section any per-
son whose license to practice pharmacy in another state has been
voluntarily surrendered, limited, suspended or revoked. The
board may require an applicant under this section to pass an equiv-
alency examination administered by the board. If the board
requires an equivalency examination, any person licensed as a
pharmacist in another state who is engaged in the active practice
of pharmacy may only be required to pass an examination on state
and federal laws, rules and regulations.
History: 1985 a. 146.
This chapter applies to outofstate pharmacies that regularly and continually
solicit mail orders for retail sale of prescription drugs to Wisconsin residents. 72 Atty.
Gen. 121.
450.06 Pharmacies located in this state; licensure.
(1) Except as provided in s. 450.062, no pharmacist may dispense
at any location in this state that is not licensed as a pharmacy by
the board. No person in this state may use or display the title
pharmacy, drugstore, apothecary, or any other title, sym-
bol, or insignia having the same or similar meanings, except for
a place of practice which is licensed under this section as a phar-
macy by the board.
(2) The board shall issue a license to operate a pharmacy at a
specific location in this state if:
(a) An application is made on forms provided by the board
showing all of the following:
1. The location of the pharmacy.
2. A floor plan of the pharmacy.
3. The name and address of the person holding title and own-
ership control of the location.
4. The name of the managing pharmacist of the pharmacy
under s. 450.09 (1).
(b) The location of the pharmacy is inspected and found to
meet all the requirements of this chapter.
(c) The initial credential fee determined by the department
under s. 440.03 (9) (a) is paid.
(2m) The board may request, but may not require, that prac-
ticerelated information be submitted on the application under
sub. (2) (a).
(3) No pharmacy located in this state may be opened or kept
open for practice following a change of ownership or change of
location unless the pharmacy is licensed for the new owner or at
the new location, notwithstanding any remaining period of valid-
ity under the pharmacys license under the previous owner or at
the previous location.
(4) Any person who fails to license his or her place of practice
as required under this section may be assessed a forfeiture of not
less than $25 nor more than $50 for each separate offense. Each
day of violation constitutes a separate offense.
History: 1985 a. 146; 1991 a. 39; 2005 a. 242; 2007 a. 20, 202.
Crossreference: See also ch. Phar 6, Wis. adm. code.
450.062 Remote dispensing. Pursuant to rules promul-
gated by the board, a pharmacist may dispense at the following
locations:
(1) A health care facility under s. 150.84 (2) or a facility identi-
fied under s. 980.065.
(2) The office or clinic of a practitioner.
(3) A county jail, rehabilitation facility under s. 59.53 (8),
state prison under s. 302.01, or county house of correction under
s. 303.16 (1).
(4) A juvenile correctional facility under s. 938.02 (10p),
juvenile detention facility under s. 938.02 (10r), residential care
center for children and youth under s. 938.02 (15d), secured resi-
dential care center for children and youth under s. 938.02 (15g),
type 1 juvenile correctional facility under s. 938.02 (19), type 2
residential care center for children and youth under s. 938.02
(19r), or type 2 juvenile correctional facility under s. 938.02 (20).
History: 2007 a. 202.
450.065 Outofstate pharmacies; licensure. (1) No
pharmacy that is in another state may ship, mail, or otherwise
deliver a prescribed drug or device to persons in this state unless
the pharmacy is licensed under sub. (2).
(2) The board shall issue a license to a pharmacy that is located
outside this state if the pharmacy does all of the following:
(a) Applies on a form provided by the board that shows all of
the following:
1. The location of the pharmacy.
2. The name and address of the person holding title and own-
ership control of the location.
3. The name of the managing pharmacist of the pharmacy.
(b) Submits a statement in a form prescribed by the board from
the owner of the pharmacy or, if the pharmacy is not a sole propri-
etorship, from the managing pharmacist of the pharmacy that indi-
cates that the owner or managing pharmacist, whichever is appli-
cable, knows the laws relating to the practice of pharmacy in this
state.
(c) Submits evidence satisfactory to the board that it is licensed
in the state in which it is located.
(d) Pays the initial credential fee determined by the department
under s. 440.03 (9) (a).
(3) A pharmacy that applies for a license under sub. (2) may
not be required to comply with any provision in this chapter or any
rule promulgated under this chapter relating to the professional
service area of a pharmacy or the minimum equipment require-
ments for a pharmacy.
(4) (a) Notwithstanding s. 450.03, a pharmacist employed in
a pharmacy licensed under this section is not required to be
licensed under this chapter.
(b) Notwithstanding s. 450.09, a pharmacy licensed under this
section is not required to be under the control of a managing phar-
macist licensed under this chapter.
(5) A pharmacy licensed under this section shall provide a
telephone number that allows a person in this state to contact the
83
pharmacy during the pharmacys regular hours of business and
that is available for use by a person in this state for not less than
40 hours per week.
History: 2005 a. 242; 2007 a. 20.
450.07 Manufacturers; licensure. (1) No person may
engage in manufacturing in this state unless the person obtains a
manufacturers license from the board. For the issuance of a
license under this subsection, the applicant shall pay the initial
credential fee determined by the department under s. 440.03 (9)
(a).
(4) (a) The issuance of licenses under this section is subject
to rules the board adopts for the protection of the public health and
safety.
(b) The board shall adopt rules prescribing minimum stan-
dards for manufacturing and distributing drugs. Rules adopted
under this paragraph may not impose requirements regarding the
storage of a controlled substance in a safe, a steel cabinet, a vault,
or any other secure storage compartment, area, room, or building
unless one of the following applies:
1. The controlled substance is included in schedule I, II, III,
or IV under ch. 961.
2. The controlled substance is also a controlled substance
under federal law.
(c) The rules adopted by the board under par. (b) shall require
a manufacturer to maintain and to update at least once per month
a list of the manufacturers authorized distributors of record.
History: 1985 a. 146; 1991 a. 39; 2005 a. 14; 2007 a. 20.
450.071 Wholesale distributors; licensure. (1) No per-
son may engage in the wholesale distribution of a prescription
drug in this state without obtaining a license from the board for
each facility from which the person distributes prescription drugs.
The board shall exempt a manufacturer that distributes pre-
scription drugs or devices manufactured by the manufacturer
from licensing and other requirements under this section to the
extent the license or requirement is not required under federal law
or regulation, unless the board determines that it is necessary to
apply a requirement to a manufacturer.
(2) An applicant shall submit a form provided by the board
showing all of the following and swear or affirm the truthfulness
of each item in the application:
(a) The name, business address, and telephone number of the
applicant.
(b) All trade or business names used by the applicant.
(c) Names, addresses, and telephone numbers of contact per-
sons for all facilities used by the applicant for the storage, han-
dling, and distribution of prescription drugs.
(d) The type of ownership or operation for the applicants busi-
ness.
(e) If the applicants wholesale distribution business is a part-
nership, the name of each partner and the name of the partnership.
(f) If the applicants wholesale distribution business is a corpo-
ration, the name of each corporate officer and director, the name
of the corporation, and the state of incorporation.
(g) If the applicants wholesale distribution business is a sole
proprietorship, the name of the sole proprietor and the name of the
business entity.
(h) A list of all licenses and permits issued to the applicant by
any other state that authorizes the applicant to purchase or possess
prescription drugs.
(i) The name, address, and telephone number of a designated
representative.
(j) For the person listed in par. (i), a personal information state-
ment that contains all of the following:
1. The persons date and place of birth.
2. The persons places of residence for the 7year period
immediately preceding the date of the application.
3. The persons occupations, positions of employment, and
offices held during the 7year period immediately preceding the
date of the application.
4. The name and addresses for each business, corporation, or
other entity listed in subd. 3.
5. A statement indicating whether the person has been, during
the 7year period immediately preceding the date of the applica-
tion, the subject of any proceeding for the revocation of any busi-
ness or professional license and the disposition of the proceeding.
6. A statement indicating whether the person has been, during
tion, enjoined by a court, either temporarily or permanently, from
possessing, controlling, or distributing any prescription drug, and
a description of the circumstances surrounding the injunction.
7. A description of any involvement by the person during the
past 7 years with any business, including investments other than
the ownership of stock in a publicly traded company or mutual
fund, that manufactured, administered, prescribed, distributed, or
stored pharmaceutical products or drugs, and a list of any lawsuits
in which such a business was named as a party.
8. A description of any misdemeanor or felony criminal
offense of which the person was, as an adult, found guilty, whether
adjudication of guilt was withheld or the person pleaded guilty or
no contest. If the person is appealing a criminal conviction, the
application shall include a copy of the notice of appeal, and the
applicant shall submit a copy of the final disposition of the appeal
not more than 15 days after a final disposition is reached.
9. A photograph of the person taken within the 12month
period immediately preceding the date of the application.
(k) A statement that each facility used by the applicant for the
wholesale distribution of prescription drugs has been inspected in
tion by the board, a pharmacy examining board of another state,
the National Association of Boards of Pharmacy, or another
accrediting body recognized by the board, with the date of each
such inspection.
(3) The board shall grant a license to the applicant to engage
in the wholesale distribution of prescription drugs if all of the fol-
lowing apply:
(a) The applicant pays the fee under s. 440.05 (1) (a).
(b) The inspections conducted pursuant to sub. (2) (k) satisfy
requirements adopted by the board for wholesale distribution
facilities.
(c) All of the following apply to each person identified by the
applicant as a designated representative:
1. The person is at least 21 years old.
2. The person has been employed full time for at least 3 years
in a pharmacy or with a wholesale prescription drug distributor in
a capacity related to the dispensing and distribution of, and record
keeping related to, prescription drugs.
3. The person is employed by the applicant full time in a man-
agerial level position.
4. The person is physically present at the wholesale prescrip-
tion drug distributors facility during regular business hours and
is involved in and aware of the daily operation of the wholesale
prescription drug distributor. This subdivision does not preclude
the designated representative from taking authorized sick leave
and vacation time or from being absent from the facility for other
authorized business or personal purposes.
5. The person is actively involved in and aware of the daily
operations of the wholesale distributor.
6. The person is a designated representative for only one
applicant at any given time. This subdivision does not apply if
more than one wholesale distributor is located at the facility and
84
the wholesale distributors located at the facility are members of an
affiliated group.
7. The person has not been convicted of violating any federal,
state, or local law relating to wholesale or retail prescription drug
distribution or distribution of a controlled substance.
8. The person has not been convicted of a felony.
9. The person submits to the department 2 fingerprint cards,
each bearing a complete set of the applicants fingerprints. The
department of justice shall provide for the submission of the fin-
gerprint cards to the federal bureau of investigation for the pur-
poses of verifying the identity of the applicant and obtaining the
applicants criminal arrest and conviction record. This subdivi-
sion does not apply to a person accredited by the national associa-
tion of boards of pharmacys verifiedaccredited wholesale dis-
tributor program.
(3m) Notwithstanding subs. (2) and (3), the board may grant
a license to engage in the wholesale distribution of prescription
drugs to a person who is domiciled in another state and is licensed
to engage in the wholesale distribution of prescription drugs in
another state, if the board determines that the standards for licen-
sure in the state in which the person is licensed are at least as strin-
gent as the standards for licensure under this section.
(4) The board may set, by rule, continuing education require-
ments for designated representatives under this section.
(5) (a) The board shall require every wholesale distributor to
submit a surety bond acceptable to the board in an amount not to
exceed $100,000 or other equivalent means of security acceptable
to the board, except that the board shall not require submission of
a bond or other security under this subsection by a chain pharmacy
warehouse that is engaged only in intracompany transfers. A
wholesale distributor that operates more than one facility is not
required to submit a bond or other security under this paragraph
for each facility.
(b) The bond or other security under this subsection shall be
used to secure payment of fees or costs that relate to the issuance
of a license under this section and that have not been paid within
30 days after the fees or costs have become final. No claim may
be made against a wholesale distributors bond or other security
under this subsection more than one year after the date on which
the wholesale distributors license expires.
(6) Applications for licensure under this section are not subject
to inspection or copying under s. 19.35, and may not be disclosed
to any person except as necessary for compliance with and
enforcement of the provisions of this chapter.
History: 2007 a. 20; 2009 a. 180.
450.072 Wholesale distributors; restrictions on trans-
actions. (1) A wholesale distributor shall receive prescription
drug returns or exchanges from a pharmacy, a person authorized
to administer or dispense drugs, or a pharmacys intracompany
warehouse pursuant to the terms and conditions of the agreement
between the wholesale distributor and the pharmacy or chain
pharmacy warehouse. A wholesale distributor that receives
returns of expired, damaged, recalled, or otherwise nonsaleable
prescription drugs may distribute the prescription drugs only to
the original manufacturer of the products or to a 3rd party returns
processor. Notwithstanding s. 450.073, returns or exchanges of
saleable or nonsaleable prescription drugs, including any redis-
tribution by a receiving wholesaler, are not subject to pedigree
requirements under s. 450.073 if the returns or exchanges are
exempt from the pedigree requirement under the federal food and
drug administrations current guidance on the federal prescription
drug marketing act. A person licensed under s. 450.071 or a phar-
macy or other person authorized to administer or dispense drugs
shall ensure that the person or pharmacys return process is secure
and does not permit the entry of adulterated and counterfeit prod-
ucts.
(2) (a) A manufacturer or wholesale distributor may not
deliver prescription drugs to a person unless the person is licensed
under s. 450.071 or 450.06 or by the appropriate licensing author-
ity of another state or unless the person is a faculty member of an
institution of higher education, as defined in s. 36.32 (1), and is
obtaining the prescription drugs for the purpose of lawful
research, teaching, or testing and not for resale. A manufacturer
or wholesale distributor may not deliver prescription drugs to a
person that is not known to the manufacturer or wholesale distrib-
utor unless the manufacturer or wholesale distributor has verified
with the board or with the licensing authority of the state in which
the person is located that the person is licensed to receive prescrip-
tion drugs or unless the person is a faculty member of an insti-
tution of higher education, as defined in s. 36.32 (1), and is obtain-
ing the prescription drugs for the purpose of lawful research,
teaching, or testing and not for resale.
(b) A manufacturer or wholesale distributor may distribute a
prescription drug only to the premises listed on the persons
license or authorization, except that a manufacturer or wholesale
distributor may distribute the prescription drugs to an authorized
agent of the person at the premises of the manufacturer or whole-
sale distributor if all of the following are true:
1. The manufacturer or wholesale distributor documents the
authorized agents name and address.
2. Distribution to an authorized agent is necessary to promote
or protect the immediate health or safety of the authorized agents
patient.
(c) A manufacturer or wholesale distributor may distribute a
prescription drug to a hospital pharmacy receiving area if a
licensed pharmacist or another authorized recipient signs, at the
time of the distribution, a receipt that shows the type and quantity
of prescription drugs distributed. If there is a discrepancy between
the type and quantity of prescription drugs indicated on the receipt
and the type and quantity of prescription drugs received at the hos-
pital pharmacy receiving area, the discrepancy shall be reported
to the manufacturer or wholesale distributor that distributed the
prescription drugs no later than the day immediately following the
date on which the prescription drugs were distributed to the hospi-
tal pharmacy receiving area.
(d) No manufacturer or wholesale distributor may accept pay-
ment for, or allow the use of, a persons credit to establish an
account for the purchase of a prescription drug from any person
other than the owner of record, the chief executive officer, or the
chief financial officer identified on the license or authorization of
a person who may receive prescription drugs. Any account estab-
lished for the purchase of prescription drugs shall bear the name
of the licensed or authorized person.
History: 2007 a. 20; 2011 a. 100.
450.073 Wholesale distributors; pedigree. (1) A
wholesale distributor shall establish and maintain a pedigree for
each prescription drug that leaves, or has ever left, the normal dis-
tribution channel. Before a wholesale distribution of a pre-
scription drug leaves the normal distribution channel, a wholesale
distributor shall provide a copy of the pedigree to the person
receiving the drug. This section does not apply to a retail phar-
macy or pharmacy intracompany warehouse unless the pharmacy
or pharmacy intracompany warehouse engages in the wholesale
distribution of prescription drugs.
(2) A pedigree shall contain all necessary identifying informa-
tion concerning each sale in the chain of the distribution of the pre-
scription drug from the manufacturer of the prescription drug or
the manufacturers 3rdparty logistics provider, colicensed prod-
uct partner, or exclusive distributor until final sale or distribution
to a pharmacy or a person dispensing or distributing the prescrip-
tion drug. The pedigree shall include all of the following:
(a) The name, address, telephone number, and, if available,
electronic mail address of each recipient or distributor of the pre-
scription drug in the chain of distribution, until the final sale or dis-
tribution described in sub. (2) (intro.).
(b) The name and address of each facility from which the pre-
scription drug was distributed, if different from the address pro-
vided in par. (a).
85
(c) The date of each distribution.
(d) A certification that every recipient has authenticated the
pedigree before distribution of the prescription drug to the next
point in the chain of distribution.
(e) The name, dosage strength, size and number of containers,
lot number, and name of the manufacturer for each prescription
drug.
(3) The board shall promulgate rules implementing an elec-
tronic track and trace pedigree system. Not later than July 1, 2010,
the board shall determine the date on which the system will be
implemented. The system may not be implemented before July
1, 2011, and the board may delay the implementation date in incre-
ments if the board determines that the technology to implement
the system is not yet universally available across the prescription
drug supply chain or is not capable of adequately protecting
patient safety.
(4) A person who is engaged in the wholesale distribution of
a prescription drug, including a repackager but not including the
original manufacturer of the prescription drug, who possesses a
pedigree for the prescription drug, and who intends to further dis-
tribute the prescription drug, shall verify that each transaction
recorded on the pedigree has occurred before the person may dis-
tribute the prescription drug.
(5) (a) A pedigree shall be maintained by a person who pur-
chases prescription drugs identified in the pedigree and by a
wholesale distributor who distributes prescription drugs identi-
fied in the pedigree for not less than 3 years from the date of sale
or distribution.
(b) A person maintaining a pedigree under par. (a) shall make
the pedigree available for inspection or use by a law enforcement
officer within 7 days after the law enforcement officers request.
450.074 Wholesale distributors; prohibited actions,
enforcement, penalties. (1) If the board finds that there is a
reasonable probability that a wholesale distributor, other than a
manufacturer, has done any of the following, that continued dis-
tribution of a prescription drug involved in the occurrence could
cause death or serious adverse health consequences, and that addi-
tional procedures would result in an unreasonable delay, the board
shall issue an order requiring that distribution of a prescription
drug in this state cease immediately:
(a) Violated a provision of ss. 450.071 to 450.073.
(b) Falsified a pedigree or sold, distributed, transferred,
manufactured, repackaged, handled, or held a counterfeit pre-
scription drug intended for human use.
(2) If the board issues an order under sub. (1), the board shall
provide the person who is the subject of the order an opportunity
for an informal hearing not more than 10 days after the date on
which the order is issued. If, after a hearing, the board determines
that the order was issued without sufficient grounds, the board
shall vacate the order.
(3) Any person who knowingly does any of the following is
guilty of a Class H felony:
(a) Fails to obtain a license required under s. 450.071.
(b) Purchases or otherwise receives a prescription drug from
a pharmacy in violation of s. 450.072 (1).
(c) Violates s. 450.072 (2) (a), if the person is required to obtain
a license under s. 450.071.
(d) Violates s. 450.072 (2) (b).
(e) Violates s. 450.072 (2) (d).
(f) Violates s. 450.073.
(g) Provides false or fraudulent records to, or makes a false or
fraudulent statement to, the board, a representative of the board,
or a federal official.
(h) Obtains or attempts to obtain a prescription drug by fraud,
deceit, or misrepresentation, or engages in misrepresentation or
fraud in the distribution of a prescription drug.
(i) Manufactures, repackages, sells, transfers, delivers, holds,
or offers for sale a prescription drug that is adulterated, mis-
branded, counterfeit, suspected of being counterfeit, or otherwise
unfit for distribution, except for wholesale distribution by a
manufacturer of a prescription drug that has been delivered into
commerce pursuant to an application approved by the federal food
and drug administration.
(j) Adulterates, misbrands, or counterfeits a prescription drug,
except for wholesale distribution by a manufacturer of a prescrip-
tion drug that has been delivered into commerce pursuant to an
application approved by the federal food and drug administration.
(k) Receives a prescription drug that has been adulterated, mis-
branded, stolen, obtained by fraud or deceit, counterfeited, or sus-
pected of being counterfeited, and delivers or proffers such a drug.
(L) Alters, mutilates, destroys, obliterates, or removes any part
of the labeling of a prescription drug or commits another act that
results in the misbranding of a prescription drug.
(4) Subsection (3) does not apply to a prescription drug
manufacturer or an agent of a prescription drug manufacturer, if
the manufacturer or agent is obtaining or attempting to obtain a
prescription drug for the sole purpose of testing the authenticity
of the prescription drug.
450.08 License renewal. (1) The renewal date for all
licenses granted by the board is specified under s. 440.08 (2) (a).
Only a holder of an unexpired license may engage in his or her
licensed activity.
(2) (a) A pharmacists license may be renewed by complying
with continuing education requirements under s. 450.085 and
paying the applicable fee determined by the department under s.
440.03 (9) (a) on or before the applicable renewal date specified
under s. 440.08 (2) (a). Failure to obtain renewal within the time
period specified under this paragraph terminates the right of the
person to be licensed as a pharmacist, and such right can only be
acquired by passing an examination to the satisfaction of the
board.
(b) A pharmacy, manufacturers or distributors license may
be renewed by paying the applicable fee determined by the depart-
ment under s. 440.03 (9) (a) on or before the applicable renewal
date specified under s. 440.08 (2) (a).
History: 1985 a. 146; 1991 a. 39; 1997 a. 68; 1997 a. 237 s. 727m; 2007 a. 20.
450.085 Continuing education. (1) An applicant for
renewal of a license under s. 450.08 (2) (a) shall submit proof that
he or she has completed, within the 2year period immediately
preceding the date of his or her application, 30 hours of continuing
education in courses conducted by a provider that is approved by
the American Council on Pharmaceutical Education or in courses
approved by the board. Courses specified in s. 450.035 (1r) and
(2) are courses in continuing education for purposes of this sub-
section. This subsection does not apply to an applicant for
renewal of a license that expires on the first renewal date after the
date on which the board initially granted the license.
(2) The board may waive all or part of any requirement in sub.
(1) if it finds that exceptional circumstances such as prolonged ill-
ness, disability or other similar circumstances have prevented a
pharmacist from meeting the requirement.
History: 1997 a. 68; 1997 a. 237 s. 727m.
450.09 Pharmacy practice. (1) MANAGING PHARMACIST.
(a) Every pharmacy shall be under the control of the managing
pharmacist who signed the pharmacy license application, the most
recent license renewal application or the most recent amended
86
schedule of operations. The managing pharmacist shall be
responsible for the professional operations of the pharmacy. A
pharmacist may be the managing pharmacist of not more than one
community and one institutional pharmacy at any time and shall
be engaged in the practice of pharmacy at each location he or she
supervises. The board shall by rule define community pharmacy
and institutional pharmacy for the purposes of this section.
(b) If the managing pharmacist anticipates being continuously
absent for a period of more than 30 days from a pharmacy he or
she supervises, the managing pharmacist shall delegate the super-
visory responsibility to another pharmacist for the duration of the
absence by written power of attorney which shall be kept on file
in the pharmacy to which the power of attorney applies. The phar-
macist designated to assume the supervisory responsibility for the
pharmacy during the managing pharmacists absence shall be
engaged in the practice of pharmacy at the pharmacy to which the
power of attorney applies.
(2) PRESENCE OF PHARMACIST. No pharmaceutical service may
be provided to any person unless a pharmacist is present in the
pharmacy to provide or supervise the service.
(3) PHARMACEUTICAL EQUIPMENT. Every pharmacy shall be
equipped with proper pharmaceutical utensils for compounding
and dispensing prescriptions. The board shall prescribe, by rule,
minimum standards of professional and technical equipment.
(4) CONDITION OF PHARMACY. The pharmacy shall be main-
tained in a clean and orderly manner and the professional service
area shall be equipped with proper fixtures and equipment for san-
itation.
(5) DISPLAY OF LICENSE. Every original license issued by the
board and the renewal license currently in force, if any, shall be
displayed in the place of practice.
(6) MEDICATION PROFILE RECORD SYSTEM. Every pharmacy
shall maintain a medication profile record system of all drug prod-
ucts dispensed for a particular patient according to the minimum
standards for such systems established by the board by rule. Every
practitioner shall maintain a record of all drug products dispensed
to each patient according to standards established by the appropri-
ate examining board by rule. The standards established by each
examining board shall require the recording of all renewal dis-
pensing information required by federal and state law and related
rules and regulations.
(7) SELECTION OF DRUGS. Drug products purchased for subse-
quent sale and dispensing at a pharmacy shall be selected for pur-
chase by a pharmacist.
(7m) STATE PRISONS. A prescription drug that is returned to a
pharmacy that primarily serves patients confined in a state prison
may be dispensed to any patient in any state prison, but only if all
of the following are satisfied:
(a) The prescription drug was never in the possession of the
patient to whom it was originally prescribed.
(b) The prescription drug is returned in its original container.
(c) A pharmacist determines that the prescription drug has not
been adulterated or misbranded.
(8) PENALTIES. (a) Except as provided under par. (b), any per-
son who violates this section may be assessed a forfeiture of not
less than $25 nor more than $50 for each separate offense. Each
day of violation constitutes a separate offense.
(b) Any person who violates sub. (5) shall forfeit $10 for each
separate offense. Each day of violation constitutes a separate
offense.
History: 1985 a. 146; 2003 a. 54.
450.095 Duty to dispense contraceptives. (1) In this
section:
(a) Contraceptive drug or device means any drug or device
approved by the federal food and drug administration that is used
to prevent pregnancy, including a contraceptive drug or device
restricted to distribution by a pharmacy.
(b) Without delay means within the usual and customary
time frame reasonably expected at a pharmacy for dispensing or
distributing a prescription that is not a contraceptive drug or
device.
(2) Unless one or more of the following applies, a pharmacy
shall dispense lawfully prescribed contraceptive drugs and
devices and shall deliver contraceptive drugs and devices
restricted to distribution by a pharmacy to a patient without delay:
(a) The prescription contains an obvious or known error or
contains inadequate instructions.
(b) The prescription is contraindicated for the patient, is
incompatible with another drug or device prescribed for the
patient, or is prohibited by state or federal law.
(c) The prescription is potentially fraudulent.
(3) Any person who violates this section may be required to
forfeit not less than $250 nor more than $2,500 for each violation.
(4) Nothing in this section may be construed to abrogate a
pharmacists legal and ethical obligations to comply with the laws
of this state.
History: 2009 a. 28, 276.
450.10 Disciplinary proceedings; immunity; orders.
(1) (a) In this subsection, unprofessional conduct includes any
of the following, but does not include the dispensing of an antimi-
crobial drug for expedited partner therapy as described in s.
450.11 (1g):
1. Making any materially false statement or giving any mate-
rially false information in connection with an application for a
license or for renewal or reinstatement of a license.
2. Violating this chapter or, subject to s. 961.38 (4r), ch. 961
or any federal or state statute or rule which substantially relates to
the practice of the licensee.
3. Practicing pharmacy while the persons ability to practice
is impaired by alcohol or other drugs or physical or mental disabil-
ity or disease.
4. Engaging in false, misleading or deceptive advertising.
5. Making a substantial misrepresentation in the course of
practice which is relied upon by another person.
6. Engaging in conduct in the practice of the licensee which
evidences a lack of knowledge or ability to apply professional
7. Obtaining or attempting to obtain compensation by fraud
or deceit.
8. Violating any order of the board.
(b) Subject to subch. II of ch. 111 and the rules adopted under
s. 440.03 (1), the board may reprimand the licensee or deny,
revoke, suspend or limit the license or any combination thereof of
any person licensed under this chapter who has:
1. Engaged in unprofessional conduct.
2. Been adjudicated mentally incompetent by a court.
3. Been found guilty of an offense the circumstances of which
substantially relate to the practice of the licensee.
(2) In addition to or in lieu of a reprimand or denial, limitation,
suspension or revocation of a license under sub. (1), the board
may, for the violations enumerated under sub. (1), assess a forfei-
ture of not more than $1,000 for each separate offense. Each day
of violation constitutes a separate offense.
(3) (a) In this subsection, health care professional means
1. A pharmacist licensed under this chapter.
2. A nurse licensed under ch. 441.
3. A chiropractor licensed under ch. 446.
4. A dentist licensed under ch. 447.
5. A physician, physician assistant, podiatrist, physical thera-
pist, physical therapist assistant, occupational therapist, or occu-
pational therapy assistant licensed under ch. 448.
5m. A dietitian certified under subch. V of ch. 448.
87
5q. An athletic trainer licensed under subch. VI of ch. 448.
6. An optometrist licensed under ch. 449.
7. An acupuncturist certified under ch. 451.
8. A veterinarian licensed under ch. 453.
9. A psychologist licensed under ch. 455.
10. A social worker, marriage and family therapist, or profes-
sional counselor certified or licensed under ch. 457.
11. A speechlanguage pathologist or audiologist licensed
under subch. II of ch. 459 or a speech and language pathologist
licensed by the department of public instruction.
(b) Any health care professional who in good faith provides
another health care professional with information concerning a
violation of this chapter or ch. 961 by any person shall be immune
from any civil or criminal liability that results from any act or
omission in providing such information. In any administrative or
court proceeding, the good faith of the health care professional
providing such information shall be presumed.
(4) (a) The secretary may, in case of the need for emergency
action, issue general and special orders necessary to prevent or
correct actions by any pharmacist under this section that would be
cause for suspension or revocation of a license.
(b) Special orders may direct a pharmacist to cease and desist
from engaging in particular activities.
History: 1985 a. 146; 1987 a. 264, 399; 1989 a. 31, 316; 1991 a. 39, 160; 1993
a. 222, 443; 1995 a. 27 s. 9145 (1); 1995 a. 448; 1997 a. 27, 67, 75, 175; 1999 a. 9,
32, 180; 2001 a. 70, 80; 2009 a. 280.
Administrative rules describing unprofessional conduct are applied. Noesen v.
Department of Regulation and Licensing, 2008 WI App 52, 311 Wis. 2d 237, 751
N.W.2d 385, 061110.
450.11 Prescription drugs and prescription devices.
(1) DISPENSING. No person may dispense any prescribed drug or
device except upon the prescription order of a practitioner. All
prescription orders shall specify the date of issue, the name and
address of the practitioner, the name and quantity of the drug prod-
uct or device prescribed, directions for the use of the drug product
or device, the symptom or purpose for which the drug is being pre-
scribed if required under sub. (4) (a) 8., and, if the order is written
by the practitioner, the signature of the practitioner. Except as pro-
vided in s. 448.035 (2), all prescription orders shall also specify
the name and address of the patient. Any oral prescription order
shall be immediately reduced to writing by the pharmacist and
filed according to sub. (2).
(1g) DISPENSING CERTAIN ANTIMICROBIAL DRUGS FOR EXPE-
DITED PARTNER THERAPY. (a) In this subsection:
1. Antimicrobial drug has the meaning given in s. 448.035
(1) (b).
2. Expedited partner therapy has the meaning given in s.
448.035 (1) (c).
(b) A pharmacist may, upon the prescription order of a practi-
tioner providing expedited partner therapy, as specified in s.
448.035, that complies with the requirements of sub. (1), dispense
an antimicrobial drug as a course of therapy for treatment of chla-
mydial infections, gonorrhea, or trichomoniasis to the practition-
ers patient or a person with whom the patient has had sexual con-
tact for use by the person with whom the patient has had sexual
contact. The pharmacist shall provide a consultation in accord-
ance with rules promulgated by the board for the dispensing of a
prescription to the person to whom the antimicrobial drug is dis-
pensed. A pharmacist providing a consultation under this para-
graph shall ask whether the person for whom the antimicrobial
drug has been prescribed is allergic to the antimicrobial drug and
advise that the person for whom the antimicrobial drug has been
prescribed must discontinue use of the antimicrobial drug if the
person is allergic to or develops signs of an allergic reaction to the
antimicrobial drug.
(c) 1. Except as provided in subd. 2., a pharmacist is immune
from civil liability for injury to or the death of a person who takes
an antimicrobial drug dispensed for that person under this subsec-
tion in connection with expedited partner therapy if the antimicro-
bial drug is dispensed as provided under par. (b).
2. The immunity under subd. 1. does not extend to the dis-
tribution or dispensing of an antimicrobial drug by a pharmacist
whose act or omission involves reckless, wanton, or intentional
misconduct.
(1m) ELECTRONIC TRANSMISSION. Except as provided in s.
453.068 (1) (c) 4., a practitioner may transmit a prescription order
electronically only if the patient approves the transmission and the
prescription order is transmitted to a pharmacy designated by the
patient.
(2) PRESCRIPTION ORDER FILE. Every prescription order shall
be filed in a suitable book or file and preserved for at least 5 years.
Prescription orders transmitted electronically may be filed and
preserved in electronic format.
(3) PREPARATION OF PRESCRIPTION DRUGS. No person other
than a pharmacist or practitioner or their agents and employees as
directed, supervised and inspected by the pharmacist or practi-
tioner may prepare, compound, dispense or prepare for delivery
for a patient any prescription drug.
(4) LABEL REQUIRED. (a) Except as provided under par. (b),
no prescribed drug or device may be dispensed unless there is a
label attached to the container disclosing all of the following:
1. The name and address of the dispensing practitioner or
licensed facility from which the prescribed drug or device was dis-
pensed.
1m. The telephone number of the pharmacy, if the prescribed
drug or device is dispensed by an outofstate pharmacy licensed
under s. 450.065.
2. The date on which the prescription was dispensed.
3. The number of the prescription order as recorded in the pre-
scription order file of the facility from which the prescription was
dispensed.
4. The name of the practitioner who prescribed the drug or
device.
5. a. Except as provided in subd. 5. b., the full name of the
patient.
b. For an antimicrobial drug dispensed under sub. (1g), the
full name of the patient, if known, or the words, expedited partner
therapy or the letters EPT.
6. Directions for use of the prescribed drug or device as con-
tained in the prescription order.
7. The name and strength of the prescribed drug dispensed,
unless the prescribing practitioner requests omission of the name
and strength of the drug dispensed.
8. The symptom or purpose for which the drug is being pre-
scribed if the prescription order specifies the symptom or purpose
under sub. (4m).
(b) Paragraph (a) does not apply to complimentary samples of
drug products or devices dispensed by a practitioner to his or her
patients.
(4g) BRAND NAME PERMITTED ON LABEL. (a) In this subsec-
tion:
1. Brand name has the meaning given in s. 450.12 (1) (a).
2. Drug product equivalent has the meaning given in s.
450.13 (1).
3. Generic name has the meaning given in s. 450.12 (1) (b).
(b) If a pharmacist, pursuant to a prescription order that speci-
fies a drug product by its brand name, dispenses the drug product
equivalent of the drug product specified in the prescription order,
the label required under sub. (4) (a) may include both the generic
name of the drug product equivalent and the brand name specified
in the prescription order, unless the prescribing practitioner
requests that the brand name be omitted from the label.
(4m) LABEL OPTIONS. If a patient indicates in writing to a prac-
titioner who makes a prescription order for the patient that the
patient wants the symptom or purpose for the prescription to be
88
disclosed on the label, the practitioner shall specify the symptom
or purpose in the prescription order.
(5) RENEWALS. No prescription may be renewed except as
designated on the prescription order. An accurate record of
renewal dispensing shall be maintained showing the date and
amount. No prescription may be renewed unless the requirements
of sub. (1) and, if applicable, sub. (1m) have been met and written,
oral or electronic authorization has been given by the prescribing
practitioner.
(6) SALES OF PRESCRIPTION DRUGS. In the event of any sale of
prescription drugs in bankruptcy, at public auction or any other
sale of prescription drugs other than in the normal course of busi-
ness or practice, the seller shall give written notice of the sale to
the board at least one week prior to the date of sale and shall make
a complete and accurate written report of the sale to the board
within 10 days after the sale, showing the name and address of all
of the purchasers of prescription drugs together with an itemized
inventory of the prescription drugs sold to each purchaser. This
subsection does not apply to the sale of a manufacturer, distributor
or pharmacy as an ongoing business or practice if the parties first
notify the board of the impending sale.
(7) PROHIBITED ACTS. (a) No person may obtain or attempt to
obtain a prescription drug, or procure or attempt to procure the
administration of a prescription drug, by fraud, deceit or willful
misrepresentation or by forgery or alteration of a prescription
order; or by willful concealment of a material fact; or by use of a
false name or address.
(b) Information communicated to a physician, physician assis-
tant, or advanced practice nurse prescriber in an effort to procure
unlawfully a prescription drug or the administration of a pre-
scription drug is not a privileged communication.
(c) No person may willfully make a false statement in any pre-
scription order, report or record required by this section.
(d) No person may, for the purpose of obtaining a prescription
drug, falsely assume the title of, or represent himself or herself to
be, a manufacturer, distributor, pharmacist or practitioner.
(e) No person may make or utter any false or forged prescrip-
tion order.
(f) No person may willfully affix any false or forged label to
a package or receptacle containing prescription drugs.
(g) Except as authorized by this chapter, no person may pos-
sess, with intent to manufacture or deliver, a prescription drug.
Intent under this paragraph may be demonstrated by, without limi-
tation because of enumeration, evidence of the quantity and mon-
etary value of the substance possessed, the possession of
manufacturing implements or paraphernalia, and the activities or
statements of the person in possession of the prescription drug
prior to, during and after the alleged violation.
(h) No person may possess a prescription drug unless the pre-
scription drug is obtained in compliance with this section.
(i) No pharmacist, manufacturer, distributor, owner or opera-
tor of a pharmacy or agent of a pharmacist, manufacturer, distribu-
tor or such an owner or operator may give any compensation or
anything of value to a practitioner for the purpose of providing, or
inducing the practitioner to obtain, any equipment, computer soft-
ware or access to a service that may be used for the electronic
transmission of a prescription order.
(8) RULEMAKING AUTHORITY. The department of justice may
promulgate rules necessary for the enforcement of this section. In
addition to all law enforcement officers and agencies, the enforce-
ment of this section is the responsibility of the department and:
(a) The board, insofar as this section applies to pharmacists.
(b) The medical examining board, insofar as this section
applies to physicians and physician assistants.
(bm) The podiatry affiliated credentialing board, insofar as
this section applies to podiatrists.
(c) The veterinary examining board, insofar as this section
applies to veterinarians.
(d) The dentistry examining board, insofar as this section
applies to dentists.
(e) The board of nursing, insofar as this section applies to
advanced practice nurse prescribers.
(9) PENALTIES AND ENFORCEMENT PROCEEDINGS. (a) Except as
provided in par. (b), any person who violates this section may be
fined not more than $500 or imprisoned not more than 6 months
or both.
(b) Any person who delivers, or who possesses with intent to
manufacture or deliver, a prescription drug in violation of this sec-
tion is guilty of a Class H felony.
(c) In any action or proceeding brought for the enforcement of
this section, it shall not be necessary to negate any exception or
exemption contained in this section, and the burden of proof of
any such exception or exemption shall be upon the defendant.
History: 1985 a. 146; 1997 a. 27, 175, 283; 2001 a. 109; 2005 a. 187, 195, 196,
242; 2007 a. 97; 2009 a. 113, 280; 2011 a. 159, 161.
450.12 Labeling of prescription drugs and prescrip-
tion drug products. (1) In this section:
(a) Brand name means the name, other than the generic
name, that the labeler of a drug or drug product places on its com-
mercial container at the time of packaging.
(b) Generic name means the official or established name
given a drug by the U.S. department of health and human services
or the U.S. adopted names council.
(2) The manufacturers or distributors commercial container
of every prescription drug or prescription drug product delivered
to any pharmacist, practitioner, hospital or nursing home shall
bear a label containing the generic name of the drug, if any, the
brand name of the drug or drug product, if any, the name and
address of the manufacturer of the drug or drug product and, if dif-
ferent from the manufacturer, the name and address of the distrib-
utor of the drug or drug product.
(3) Every prescription order or medication profile record shall
include the brand name, if any, or the name of the manufacturer
or distributor of the drug product dispensed.
History: 1985 a. 146.
450.125 Drugs for animal use. In addition to complying
with the other requirements in this chapter for distributing and dis-
pensing, a pharmacist who distributes or dispenses a drug for ani-
mal use shall comply with s. 453.068.
History: 1991 a. 306.
450.13 Using drug product equivalent in dispensing
prescriptions. (1) DRUG PRODUCT OR EQUIVALENT TO BE USED.
Except as provided in sub. (2), a pharmacist shall dispense every
prescription using either the drug product prescribed or its drug
product equivalent, if its drug product equivalent is lower in price
to the consumer than the drug product prescribed, and shall inform
the consumer of the options available in dispensing the prescrip-
tion. In this section, drug product equivalent means a drug prod-
uct that is designated the therapeutic equivalent of another drug
product by the federal food and drug administration.
(2) EXCEPTION. A prescriber may indicate, by writing on the
face of the prescription order or, with respect to a prescription
order transmitted electronically, by designating in electronic for-
mat the phrase No substitutions or words of similar meaning or
the initials N.S., that no substitution of the drug product pre-
scribed may be made under sub. (1). If such indication is made,
the pharmacist shall dispense the prescription with the specific
drug product prescribed. No preprinted statement regarding drug
product substitution may appear on the face of the prescription
order.
(3) RENEWED PRESCRIPTIONS. Prescriptions dispensed with a
drug product equivalent may be renewed with a different drug
product equivalent only if the pharmacist informs the consumer
of the change.
(4) LIMITATION ON LIABILITY. A pharmacist who dispenses a
prescription with a drug product equivalent under this section
89
assumes no greater liability than would be incurred had the phar-
macist dispensed the prescription with the drug product pre-
scribed.
(5) USE OF DRUG PRODUCT EQUIVALENT IN HOSPITALS. Subsec-
tions (1) to (4) do not apply to a pharmacist who dispenses a drug
product equivalent that is prescribed for a patient in a hospital if
the pharmacist dispenses the drug product equivalent in accord-
ance with written guidelines or procedures previously established
by a pharmacy and therapeutics committee of the hospital and
approved by the hospitals medical staff and use of the drug prod-
uct equivalent has been approved for a patient during the period
of the patients stay within the hospital by any of the following:
(a) The patients individual physician.
(b) The patients advanced practice nurse prescriber, if the
advanced practice nurse prescriber has entered into a written
agreement to collaborate with a physician.
(c) The patients physician assistant.
History: 1985 a. 146; 1991 a. 114; 1997 a. 27; 2005 a. 187; 2011 a. 161.
450.14 Poisons. (1) In this section, highly toxic has the
meaning specified under 15 USC 1261 (h).
(2) No person may deliver any highly toxic substance unless
the delivery is made on the prescription order of a practitioner or
complies with pars. (a) to (d):
(a) The container shall be plainly labeled with the name of the
substance, the name and address of the person delivering the sub-
stance and, except as provided in sub. (3), the word Poison.
(b) The person delivering the substance shall ascertain that the
recipient is aware of the poisonous character of the substance and
desires it for a lawful purpose.
(c) Before delivery, the person delivering the substance shall
record in a book kept for that purpose the name of the article or
substance, the quantity, the purpose, the date, the name and
address of the person for whom procured and the signature of the
individual personally delivering the article or substance. The
record shall be signed by the person to whom the substance is
delivered. Each book containing records required under this para-
graph shall be preserved by the owner of the book for at least 3
years after the date of the last entry and shall be open to inspection
by authorized officers.
(d) If the recipient is under 18 years of age, he or she must have
the written order of an adult.
(3) A Poison label under sub. (2) (a) is not required for lini-
ments, ointments or other external preparations which are plainly
labeled for external use only.
(4) This section does not apply to manufacturers or distribu-
tors selling at wholesale nor to pesticides which comply with ss.
94.67 to 94.71.
(5) Any person who violates this section is guilty of a Class H
felony.
History: 1985 a. 146; 1997 a. 283; 2001 a. 109.
450.145 Reporting potential causes of public health
emergency. (1) Within 24 hours after an occurrence of any of
the following, a pharmacist or pharmacy shall report the occur-
rence electronically, by fax machine, by telephone, or in writing
to a local health department, as defined in s. 250.01 (4), or the
department of health services:
(a) An unusual increase in the number of prescriptions dis-
pensed or nonprescription drug products sold by the pharmacist
or pharmacy for the treatment of medical conditions specified by
the department of health services by rule under s. 252.02 (7).
(b) An unusual increase in the number of prescriptions dis-
pensed by the pharmacist or pharmacy that are antibiotic drugs.
(c) The dispensing of a prescription by the pharmacist or phar-
macy for treatment of a disease that is relatively uncommon or
may be associated with bioterrorism, as defined in s. 323.02 (4).
(1m) Except as provided in sub. (2), a pharmacist or phar-
macy may not report personally identifying information concern-
ing an individual who is dispensed a prescription or who pur-
chases a nonprescription drug product as specified in sub. (1) (a),
(b), or (c).
(2) In submitting a report under sub. (1), a pharmacist or phar-
macy shall include personally identifying information other than
a social security number concerning an individual who is dis-
pensed a prescription or who purchases a nonprescription drug
product as specified in sub. (1) (a), (b), or (c).
History: 2005 a. 198 ss. 18 to 21; 2007 a. 20 s. 9121 (6) (a); 2007 a. 97 s. 183;
2009 a. 42.
450.15 Placing prescription drugs prohibited.
(1) Except as otherwise provided by law, no person may put, or
cause to be put, any prescription drug in any public place, or upon
any private premises without the consent of the owner or occu-
pant.
(2) Any person who violates this section is guilty of a Class H
felony.
History: 1985 a. 146; 1997 a. 283; 2001 a. 109.
As applied to the defendant, s. 450.09 [now 450.15] was not unconstitutionally
overbroad or vague. Butala v. State, 71 Wis. 2d 569, 239 N.W.2d 32 (1976).
450.155 Exhibition, display or advertisement of cer-
tain vending machines by use of certain material pro-
hibited. (1) DEFINITIONS. In this section:
(a) Contraceptive article means any drug, medicine, mix-
ture, preparation, instrument, article or device of any nature used
or intended or represented to be used to prevent a pregnancy.
(b) Material means any visual representation, image, printed
matter however reproduced or sound recording.
(c) Harmful to minors means that quality of any description
or representation, in whatever form, of nudity, sexual conduct,
sexual excitement, or sadomasochistic abuse, when it does all of
the following:
1. Predominantly appeals to the prurient, shameful or morbid
interest of minors.
2. Is patently offensive to prevailing standards in the adult
community as a whole with respect to what is suitable material for
minors.
3. Lacks serious literary, artistic, political or scientific value,
if taken as a whole, for minors.
(d) Knowledge of the minors age means knowledge or
information that the person is a minor.
(e) Knowledge of the nature of the material means any of the
following:
1. Knowledge of the character and content of any material
described herein.
2. Knowledge or information that the material described
herein has been adjudged to be harmful to minors in a proceeding
instituted under sub. (2), or is the subject of a pending proceeding
instituted under sub. (2).
(f) Minor means any person under the age of 18 years.
(g) Nudity means the showing of the human male or female
genitals, pubic area or buttocks with less than a full opaque cover-
ing, or the showing of the female breast with less than a fully
opaque covering of any portion thereof below the top of the nip-
ple, or the depiction of covered male genitals in a discernibly tur-
gid state.
(h) Person means any individual, partnership, firm, associa-
tion, corporation or other legal entity.
(i) Sadomasochistic abuse means the infliction of force, pain
or violence upon a person for the purpose of sexual arousal or grat-
ification.
(j) Sexual conduct means acts of masturbation, homosexual-
ity, sexual intercourse or physical contact with a persons clothed
or unclothed genitals, pubic area, buttocks or, if such person is a
female, breast.
(k) Sexual excitement means the condition of human male
or female genitals when in a state of sexual stimulation or arousal.
90
(L) Vending machine means any mechanical device which
automatically dispenses contraceptive articles upon the deposit in
it of specified coins in payment for the contraceptive articles.
(2) EXHIBITION, DISPLAY OR ADVERTISEMENT OF CERTAIN VEND-
ING MACHINES BY USE OF MATERIAL HARMFUL TO MINORS. (a) No
person with knowledge of the nature of the material and with
knowledge of a minors age, may, for commercial purposes,
exhibit, display or advertise by use of any material which is harm-
ful to minors a vending machine that dispenses contraceptive arti-
cles.
(b) Whoever violates par. (a) may be fined not more than
$10,000 or imprisoned for not more than 9 months or both.
History: 1985 a. 146.
450.16 Sale of contraceptives prohibited in certain
areas. (1) As used in this section:
(a) Contraceptive article has the meaning under s. 450.155
(1) (a).
(b) Vending machine has the meaning under s. 450.155 (1)
(L).
(2) No person may have in the persons possession or under
the persons control, any vending machine that is located in a pub-
lic school, as specified under s. 115.01 (1).
(3) Any person violating this section may be fined not more
than $10,000 or imprisoned for not more than 9 months or both.
History: 1985 a. 146.
450.17 Violations. Each member of the board shall investi-
gate and institute actions for violations of this chapter by any per-
son and for violation of ch. 961 by pharmacists. The district attor-
ney of the proper county shall promptly prosecute any such
violation upon notice from any source.
History: 1985 a. 146; 1995 a. 448.
450.18 Penalties. Except as otherwise provided in this chap-
ter, any person who violates this chapter or any rule promulgated
under the authority of this chapter may be fined not less than $50
nor more than $100 or imprisoned not less than 30 days nor more
than 90 days or both.
History: 1985 a. 146.
450.19 Prescription drug monitoring program. (1) In
this section, prescription drug means a substance identified in
s. 961.16 or 961.18 or a drug identified by the board by rule as hav-
ing a substantial potential for abuse.
(2) The board shall establish by rule a program for monitoring
the dispensing of prescription drugs. The program shall do all of
the following:
(a) Require a pharmacist or practitioner to generate a record
documenting each dispensing of a prescription drug and to deliver
the record to the board, except that the program may not require
the generation of a record when a drug is administered directly to
a patient.
(b) Identify specific data elements to be contained in a record
documenting the dispensing of a prescription drug. In identifying
specific data elements, the board shall consider data elements
identified by similar programs in other states and shall ensure, to
the extent possible, that records generated by the program are eas-
ily shared with other states.
(c) Specify the persons to whom a record may be disclosed and
the circumstances under which the disclosure may occur. The rule
promulgated under this paragraph shall permit the board to share
a record generated by the program with relevant agencies of other
states.
(d) Specify a secure electronic format for delivery of a record
generated under the program and authorize the board to grant a
pharmacist or practitioner a waiver of the specified format.
(e) Specify a deadline for the delivery of a record to the board.
(f) Specify a penalty for failure to comply with rules promul-
gated under this subsection.
(g) Maximize the potential for funding the operation of the
program with available federal funding sources.
(h) Ensure that the program complies with s. 146.82 and 45
CFR part 164, subpart E.
(3) (a) A pharmacist or practitioner is immune from civil or
criminal liability or professional discipline arising from the phar-
macists or practitioners compliance in good faith with this sec-
tion or with rules promulgated under this section.
(b) Nothing in this section may be construed to require a phar-
macist or practitioner to obtain, before prescribing or dispensing
a prescription to a patient, information about the patient that has
been collected pursuant to the program described under sub. (2).
(4) Records generated under the program under this section
are not subject to inspection or copying under s. 19.35.
(5) The department shall submit a timely application for a fed-
eral grant under 42 USC 280g3 and under the Harold Rogers Pre-
scription Drug Monitoring Program to fund the establishment and
operation of the program under this section. If the department
fails to obtain federal funding before January 1, 2015, this section
is void.
History: 2009 a. 362; 2011 a. 260 s. 81.
91
1 Phar 1.02 PHARMACY EXAMINING BOARD
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Register January 2002 No. 553
Chapter Phar 1
AUTHORITY AND DEFINITIONS
Phar 1.01 Authority. Phar 1.02 Definitions.
Note: Chapter Phar 1 as it existed on January 31, 1983 was repealed and a new
chapter Phar 1 was created effective February 1, 1983.
Phar 1.01 Authority. Rules in chs. Phar 1 to 16 are
adopted under authority of ss. 15.08 (5) (b), 227.11 (2), Stats., and
ch. 450, Stats.
History: Cr. Register, January, 1983, No. 325, eff. 2183; am. Register, August,
1991, No. 428, eff. 9191; am., Register, December, 1998, No. 516, eff. 1199;
am., Register, March, 2000, No. 531, eff. 4100; correction made under s. 13.93
(2m) (b) 7., Stats., Register January 2002 No. 553.
Phar 1.02 Definitions. As used in chs. Phar 1 to 16:
(1) Board means the pharmacy examining board.
Note: The board office is located at 1400 East Washington Avenue, Madison, Wis-
consin 53702, telephone (608) 2668794.
(2) Community pharmacy means practice in a licensed
pharmacy providing pharmaceutical services primarily on an out-
patient basis.
(3) DEA means the drug enforcement administration.
(4) Institutional pharmacy means practice in a licensed
pharmacy providing pharmaceutical services primarily on an
inpatient basis.
(4m) Long term care facility means a facility for the devel-
opmentally disabled or other nursing home.
(5) LTCF means a long term care facility.
(6) Managing pharmacist means a pharmacist designated
by the pharmacy owner to have responsibility for and direct con-
trol of pharmaceutical operations in a pharmacy.
(7) NAPLEX means the north American pharmacy licens-
ing examination.
(8) Pharmacist has the meaning given in s. 450.01 (15),
Stats.
(9) Pharmacistincharge means a pharmacist who is
physically present in the licensed facility and responsible for the
routine operation of a pharmacy for the period of time specified
by the managing pharmacist.
(10) Pharmacy means any place of practice licensed by the
board under s. 450.06, Stats.
(11) Pharmacy owner means a person or entity to whom a
pharmacy license is issued.
(12) Practice of pharmacy has the meaning under s. 450.01
(16), Stats.
(13) PRN means renew as needed.
(14) Professional service area means the area of a pharmacy
in which prescriptions are compounded or dispensed, hypodermic
needles, syringes, poisons and schedule V controlled substances
as listed in s. 961.22, Stats., and ch. CSB 2 are available, or where
patients are consulted.
(15) Terminal illness means an incurable condition caused
by injury or illness that reasonable medical judgment finds would
cause death.
History: Cr. Register, January, 1983, No. 325, eff. 2183; am. (intro.), renum.
(2) to (9) to be (6) to (12) and (14) and am. (8), (10) and (12), cr. (2) to (5) and (13),
Register, August, 1991, No. 428, eff. 9191; cr. (4m) and (15), Register, September,
1994, No. 465, eff. 10194; am. (7), (8), (11) and (14), Register, December, 1998,
No. 516, eff. 1199; am. (intro.), Register, March, 2000, No. 531, eff. 4100;
emerg. cr. (3c), (4c), (4e), and (14m), eff. 1102; correction in (intro.) made under
s. 13.93 (2m) (b) 7., Stats., Register January 2002 No. 553.
92
Website Official?
Register October 2009 No. 646
Chapter Phar 2
APPLICATION FOR PHARMACIST LICENSE
Phar 2.01 Qualifications for original licensure.
Phar 2.02 Application procedure for original licensure.
Phar 2.03 Examinations for original licensure.
Phar 2.04 Qualifications for persons licensed in another state.
Phar 2.05 Application procedure for persons licensed in another state.
Phar 2.06 Examinations for persons licensed in another state.
Note: Chapter Phar 2 as it existed on January 31, 1983, was repealed and a new
Phar 2.01 Qualifications for original licensure. An
applicant for original licensure as a pharmacist may be admitted
to examination under ch. 450, Stats., if the applicant:
(1) Has been graduated from a school or college of pharmacy
approved by the board or has obtained certification by the foreign
pharmacy graduate examination committee.
(2) Has completed an internship in the practice of pharmacy.
History: Cr. Register, January, 1983, No. 325, eff. 2183; am. (2), Register,
August, 1991, No. 428, eff. 9191; am. (1), Register, January, 1996, No. 481, eff.
2196; am. (intro.), Register, December, 1998, No. 516, eff. 1199; emerg. am. (2),
eff. 1102; CR 01091: am. (1), Register January 2002 No. 553, eff. 2102; CR
01134: am. (2), Register July 2002 No. 559, eff. 8102.
Phar 2.02 Application procedure for original licen-
sure. (1) Each applicant for original licensure as a pharmacist
shall submit a completed notarized application prior to the
examination date on forms provided by the board. The applica-
tion shall include all of the following:
(a) The signature of the applicant.
(b) A statement from the dean of the school of pharmacy or the
academic records office of the respective educational institution
that the applicant has graduated from the pharmacy school.
(c) If the applicant intends to engage in a foreign graduate
internship under s. Phar 17.04, evidence satisfactory to the board
that the applicant has obtained certification by the foreign phar-
macy graduate examination committee and disclosure of the
applicants supervising pharmacist. Any change of a supervising
pharmacist shall be disclosed to the board by filing an amendment
to the application prior to further performing duties constituting
the practice of pharmacy as a foreign graduate intern.
(d) Evidence of having completed an internship in the practice
of pharmacy which shall consist of one or more of the following:
1. A statement from the dean of the school of pharmacy or the
academic records office of the respective educational institution
certifying the number of hours that the applicant has successfully
completed in a practical experience program described in ch. Phar
17.
2. A statement from a supervising pharmacist certifying the
number of hours that the applicant was supervised by that super-
vising pharmacist in an internship in the practice of pharmacy
described in ch. Phar 17.
3. Verification of practical experience acquired by the appli-
cant in another state as described in ch. Phar 17, which is approved
and verified by the board or by the agency which is the equivalent
of the board in the state in which the practical experience was
acquired.
(e) The fees required under s. 440.05 (1), Stats.
Note: Applications are available upon request to the board office located at 1400
East Washington Avenue, P. O. Box 8935, Madison, WI 53708.
(2) Any change of name made prior to admission to examina-
tion shall be supported by an affidavit satisfactory to the board.
History: Cr. Register, January, 1983, No. 325, eff. 2183; am. (1) (intro.) and (d),
Register, December, 1998, No. 516, eff. 1199; emerg. renum. (1) (d) to be (1) (e),
cr. (1) (d), eff. 1102; CR 01134: renum. (1) (d) to be (1) (e), cr. (1) (d), Register
July 2002 No. 559, eff. 8102; CR 02140: am. (1) (intro.) Register May 2003 No.
569, eff. 6103; CR 02150: r. (1) (c) Register May 2003 No. 569, eff. 6103; CR
06050: cr. (1) (c) Register October 2006 No. 610, eff. 11106; CR 09019: am.
(1) (intro.) Register October 2009 No. 646, eff. 11109.
Phar 2.03 Examinations for original licensure.
(1) An applicant for original licensure as a pharmacist is required
to pass the examinations identified in s. Phar 4.02 (1) and (3).
(2) The coverage and conduct of examinations administered
by the board are specified in ch. Phar 4.
(4) An applicant for licensure as a pharmacist shall not be eli-
gible to be admitted to NAPLEX or the multistate pharmacy
jurisprudence examination prior to completing an internship in
the practice of pharmacy and either obtaining certification by the
foreign pharmacy graduate examination committee or graduating
from a school or college of pharmacy approved by the board.
History: Cr. Register, January, 1983, No. 325, eff. 2183; am. (1) and (3), cr. (4)
and (5), Register, August, 1991, No. 428, eff. 9191; am. (1), (4) and (5) and r. (3),
Register, December, 1998, No. 516, eff. 1199; CR 00157: am. (1) Register May
2002 No. 557 eff. 6102; CR 01134: am. (4), r. (5), Register July 2002 No. 559,
eff. 8102; CR 03005: am. (4) Register May 2003 No. 569, eff. 6103; CR
04002: am (4) Register June 2004 No. 582, eff. 7104; CR 09019: am. (1) and
(4) Register October 2009 No. 646, eff. 11109.
Phar 2.04 Qualifications for persons licensed in
another state. A pharmacist holding a license to practice phar-
macy in another state may become licensed in Wisconsin if the
applicant:
(1) Has been graduated from a school or college of pharmacy
approved by the board, or has obtained certification by the foreign
pharmacy graduate examination committee.
(2) Has passed the required examinations administered by the
board.
History: Renum. from Phar 3.01, Register, December, 1998, No. 516, eff.
1199; CR 01091: am. (1), Register January 2002 No. 553, eff. 2102.
Phar 2.05 Application procedure for persons
licensed in another state. (1) Each applicant licensed as a
pharmacist in another state shall file with the board, prior to the
examinations, the following:
(a) Completed application form.
(b) The fee specified under s. 440.05 (2), Stats.
(2) Verification of license shall be forwarded from the original
state of licensure by examination.
(3) Credentials received in a name other than that on the origi-
nal application shall be supported by a change of name affidavit
satisfactory to the board.
History: Renum. from Phar 3.02 and am. (1) (intro.), Register, December, 1998,
No. 516, eff. 1199; CR 09019: am. (1) (intro.) Register October 2009 No. 646,
eff. 11109.
Phar 2.06 Examinations for persons licensed in
another state. (1) An applicant licensed as a pharmacist in
another state who is engaged in the active practice of pharmacy,
shall take the multistate pharmacy jurisprudence examination
described in s. Phar 4.02 (1). The applicant shall submit, on forms
furnished by the board, information describing his or her practice
experience preceding the filing of the application. The board may
review requests for reciprocity.
(2) DEFINITION. In this section, active practice of pharmacy
means having engaged in at least 2,000 hours of the practice of
pharmacy within the 12 months preceding application for licen-
sure in Wisconsin or at least 2,000 hours of the practice of phar-
93
4 Phar 2.06 WISCONSIN ADMINISTRATIVE CODE
Website Official?
macy comprised of no less than 500 hours in each of 3 of the 4,
12month periods preceding application for licensure in Wiscon-
sin.
(3) EQUIVALENCY EXAMINATION. Any applicant who has not
engaged in the active practice of pharmacy shall take and pass
each of the following examinations:
(b) Multistate pharmacy jurisprudence.
(c) Any other examination, as determined by the board.
(4) COVERAGE AND CONDUCT. The coverage and conduct of
examinations administered by the board are specified in ch. Phar
4.
History: Renum. from Phar 3.04 and am. (1), (3) (intro.), (a),(b), and (c), Register,
December, 1998, No. 516, eff. 1199; CR 00157: am. (1), r. (3) (a), renum. and am.
(3) (b) to be (3) (a), and renum. (3) (c) to be (3) (b) Register May 2002 No. 557, eff.
6102; CR 09019: r. (3) (a), cr. (3) (c) Register October 2009 No. 646, eff.
11109.
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Register February 2012 No. 674
Chapter Phar 4
EXAMINATIONS
Phar 4.01 Administration.
Phar 4.02 Competencies tested.
Phar 4.03 Passing scores.
Phar 4.035 Unauthorized assistance.
Phar 4.04 Scoring.
Phar 4.045 Examination review.
Phar 4.046 Claim of examination error.
Phar 4.05 Failure and reexamination.
Phar 4.01 Administration. (1) Examinations may be
written, oral, or practical.
(2) Examinations are conducted in the English language only.
(3) At least 10 days prior to the examination, the applicant
shall be mailed an admission card and that card shall be presented
at the door of the examination room, with a drivers license or
passport photograph.
(4) A number shall be assigned to each applicant. Rules of
conduct shall be provided at the beginning of the examination.
(5) An applicant found by the board to have violated rules of
the examination may be denied licensure by the board.
History: Cr. Register, January, 1983, No. 325, eff. 2183; am. (3), Register,
December, 1998, No. 516, eff. 1199.
Phar 4.02 Competencies tested. Competencies are
tested by examination as follows:
(1) The multistate pharmacy jurisprudence examination
shall determine an applicants competence to practice within fed-
eral laws and regulations and Wisconsin laws and rules governing
the practice of pharmacy.
(3) NAPLEX shall determine an applicants competence in
the basic principles and professional areas within the practice of
pharmacy.
(4) An otherwise qualified applicant shall be provided with
reasonable accommodations, as required by the Americans with
disabilities act.
History: Cr. Register, January, 1983, No. 325, eff. 2183; emerg. r. and recr. eff.
52185; r. and recr. Register, November, 1985, No. 359, eff. 12185; am. (1) and
(2), Register, August, 1991, No. 428, eff. 9191; am. (4), Register, January, 1996,
No. 481, eff. 2196; am. (1) and (5), r. (2), cr. (6), Register, December, 1998, No.
516, eff. 1199; CR 00157: r. (3), renum. and am. (4) to be (2) and renum. (5) and
(6) to be (3) and (4) Register May 2002 No. 557, eff. 6102; EmR0903: emerg. r.
(2), eff. 22809; CR 09019: r. (2) Register October 2009 No. 646, eff. 11109.
Phar 4.03 Passing scores. (1) The passing scores set
by the board represent the minimum competency required to pro-
tect public health and safety.
(2) Each examination specified in s. Phar 4.02 is scored sepa-
rately. An applicant shall achieve a passing score on each required
examination to qualify for licensure.
(3) The score required to pass an examination shall be based
on the boards determination of the level of examination perfor-
mance required for minimum acceptable competence in the pro-
fession. The board shall make the determination after consulta-
tion with experts in the subject matter of the examination who
have reviewed a representative sample of the examination ques-
tions and available candidate performance statistics, and shall set
the passing score for the examination at that point which repre-
sents minimum acceptable competence in the profession.
History: Cr. Register, January, 1983, No. 325, eff. 2183; emerg. am. (2), r. and
recr. (3) and (4), r. (5) and (6), eff. 52185; am. (2), r. and recr. (3) and (4), r. (5) and
(6), Register, November, 1985, No. 359, eff. 12185; r. (3), renum. (4) to be (3) and
am. Register, May, 1986, No. 365, eff. 6186; r. and recr. (3), Register, December,
1998, No. 516, eff. 1199.
Phar 4.035 Unauthorized assistance. An applicant
may not give or receive unauthorized assistance during the
examination. The action taken by the board when unauthorized
assistance occurs shall be related to the seriousness of the offense.
These actions may include withholding the scope of the applicant,
entering a failing grade for the applicant, and suspending the abil-
ity of the applicant to sit for the next scheduled examination after
the examination in which the unauthorized assistance occurred.
History: Cr., Register, December, 1998, No. 516, eff. 1199.
Phar 4.04 Scoring. (1) The board shall send written noti-
fication of results to applicants.
(2) An applicant shall be offered the opportunity to make writ-
ten comments and objections within 30 days after notification of
the examination results.
(3) Any unsuccessful applicant may request in writing that his
or her answer sheet be rescored by hand to verify the accuracy of
scoring.
(4) The cost of rescoring shall be paid by the applicant.
History: Cr. Register, January, 1983, No. 325, eff. 2183.
Phar 4.045 Examination review. (1) An applicant who
fails an examination administered by the board may request a
review by the applicant of that examination by filing a written
request to the board within 45 days after the date on which the
examination results were mailed to the applicant.
(2) An examination review shall be conducted under the fol-
lowing conditions:
(a) The time for review shall be limited to one hour.
(b) The examination shall be reviewed only by the applicant
and in the presence of a proctor.
(c) The proctor may not respond to inquiries by the applicant
regarding allegations of examination error.
(d) An applicant shall be permitted only one review of the
failed examination each time it is taken and failed.
History: Cr. Register, December, 1998, No. 516, eff. 1199.
Phar 4.046 Claim of examination error. (1) An appli-
cant wishing to claim an error regarding specific questions or pro-
cedures on an examination administered by the board shall file a
written request on a form provided for this purpose in the board
office within 30 days after the date the examination was reviewed.
The request shall include:
(a) The applicants name and address.
(b) The type of registration applied for.
(c) A description of the alleged error, including reference text
citations or other supporting evidence for the applicants claim.
(2) The request shall be reviewed by the board in consultation
with an expert in the subject matter of the examination. The appli-
cant shall be notified in writing of the boards decision.
Phar 4.05 Failure and reexamination. (2) An appli-
cant who fails to achieve a passing score on any examination spec-
ified in s. Phar 4.02 is eligible for reexamination. An applicant
who twice fails any licensing examination specified in s. Phar 4.02
is not eligible for further examination until the applicant has satis-
factorily completed additional preparation as directed and
approved by the board. This condition on eligibility also applies
to each third and subsequent failure.
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(3) An application for reexamination shall be made on forms
provided by the board. An applicant shall remit the reexamination
fee.
Note: A list of all current examination fees may be obtained at no charge from the
Office of Examinations, Department of Safety and Professional Services, 1400 East
Washington Avenue, P.O. Box 8935, Madison, WI 53708.
Note: An application form may be obtained upon request to the board office
located at 1400 East Washington Avenue, Madison, Wisconsin 53702.
History: Cr. Register, January, 1983, No. 325, eff. 2183; emerg. r. and recr. eff.
52185; r. and recr. Register, November, 1985, No. 359, eff. 12185; r. and recr.
(1), r. (2) to (4), renum. (5) to (7) to be (2) to (4), Register, May, 1986, No. 365, eff.
6186; am. (2), Register, August, 1991, No. 428, eff. 9191; am. (3), Register,
June, 1994, No. 462, eff. 7194; r. (1) and (4), Register, December, 1998, No. 516,
eff. 1199.
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Chapter Phar 5
LICENSE RENEWAL
Phar 5.01 Requirements.
Phar 5.02 Change of name or address.
Phar 5.03 Display of licenses.
Phar 5.04 Renewal prohibited; relicensure.
Phar 5.05 Requirements for late renewal; reinstatement.
Phar 5.01 Requirements. (1) Pharmacists, pharmacies,
manufacturers and distributors licensed under ch. 450, Stats., and
otherwise qualified for renewal, may continue to be licensed bien-
nially by applying for renewal and paying the fee specified in s.
440.08 (2), Stats.
(2) No one without a current renewal certificate may engage
in the practice of pharmacy, nor hold himself or herself out to be
a pharmacist nor use the title or letters Pharmacist or Regis-
tered Pharmacistor R.Ph.
(3) No pharmacy, manufacturer or distributor may operate
without a current license.
History: Cr. Register, January, 1983, No. 325, eff. 2183; am. (1) and (2), Regis-
ter, December, 1998, No. 516, eff. 1199.
Phar 5.02 Change of name or address. (1) A pharma-
cist shall notify the board in writing when his or her name has been
legally changed, within 30 days of the change.
(2) A pharmacist shall notify the board in writing when his or
her address has been changed, within 30 days of the change.
ter, December, 1998, No. 516, eff. 1199.
Phar 5.03 Display of licenses. A pharmacist who
engages in the practice of pharmacy shall display his or her license
in a manner conspicuous to the public view. Biennial renewal
cards shall be displayed with the license when received. Only
current renewal cards may be displayed. A pharmacist may not
display his or her license in any place other than the pharmacy
where he or she engages in the practice of pharmacy. A pharma-
cist who engages in the practice of pharmacy at more than one
pharmacy shall display his or her license and renewal card in the
pharmacy at which he or she practices most.
History: Cr. Register, January, 1983, No. 325, eff. 2183; am. Register, January,
1996, No. 481, eff. 2196.
Phar 5.04 Renewal prohibited; relicensure. Any per-
son whose license is currently suspended or revoked may not
renew his or her license. A person whose license has been sus-
pended or revoked and subsequently reinstated by the board, and
who is otherwise qualified for renewal, may renew his or her
license upon completion of a renewal form and filing of the
required renewal fee.
History: Cr. Register, January, 1983, No. 325, eff. 2183; am., Register, Decem-
ber, 1998, No. 516, eff. 1199.
Phar 5.05 Requirements for late renewal; reinstate-
ment. (1) An individual who files an application for renewal of
a license within 5 years after the renewal date may be reinstated
by filing with the board all of the following:
(a) An application for renewal on a form prescribed by the
department.
(b) The fee required under s. 440.08 (2), Stats., plus the appli-
cable late renewal fee required under s. 440.08 (3), Stats.
(2) An individual who files an application for renewal of a
license 5 years or more after the renewal date may be reinstated
by filing with the board all of the following:
(a) An application for renewal on a form prescribed by the
department.
(b) The fee required under s. 440.08 (2), Stats., plus the appli-
cable late renewal fee required under s. 440.08 (3), Stats.
(c) Verification of successful completion of examinations or
educational requirements, or both, as the board may prescribe,
provided that the examination or education requirements may not
be more extensive than those required to obtain an initial license.
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Register November 2011 No. 671
Chapter Phar 6
PHARMACY LICENSES AND EQUIPMENT
Phar 6.01 Licenses; application.
Phar 6.02 Licenses; change of location or ownership.
Phar 6.03 Changes in managing pharmacist.
Phar 6.04 Floor design.
Phar 6.05 Sanitation.
Phar 6.06 Minimum equipment.
Phar 6.07 Storage.
Phar 6.08 Security.
Note: Chapter Phar 6 as it existed on January 31, 1983, was repealed and a new
Phar 6.01 Licenses; application. Requirements and
procedures for applying for a pharmacy license are specified in s.
450.06, Stats. Approved application forms are available from the
board. Appointments for the required pharmacy inspection may
be made by contacting the board office. A license application and
fee shall be on file with the board at least 30 days prior to the grant-
ing of the pharmacy license. A pharmacy may not operate unless
a pharmacy license has been granted. Board action shall be taken
within 60 business days of receipt of a completed pharmacy
application, as provided in s. SPS 4.03.
Note: Applications are available upon request to the board office located at 1400
East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.
History: Cr. Register, January, 1983, No. 325, eff. 2183; correction made under
s. 13.93 (2m) (b) 7., Stats., Register, January, 1989, No. 397; am. Register, August,
1991, No. 428, eff. 9191; am., Register, December, 1998, No. 516, eff. 1199;
correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.
Phar 6.02 Licenses; change of location or owner-
ship. (1) A pharmacy license authorizes a pharmacy to operate
only at the location designated on the license. Licenses may not
be transferred to another location.
(1m) A hospital which has a pharmacy area providing outpa-
tient pharmacy services which is physically separate from, and not
contiguous to the area from which inpatient pharmacy services are
provided, shall have a pharmacy license for the outpatient phar-
macy in addition to a license for the inpatient pharmacy.
(2) Any change in pharmacy ownership shall be reported to
the board office and the pharmacy license of the former owner
returned. A pharmacy license shall be granted to the new phar-
macy owner before the pharmacy may operate.
1991, No. 428, eff. 9191; cr. (1m), Register, February, 1996, No. 482, eff. 3196.
Phar 6.03 Changes in managing pharmacist. The
pharmacy owner shall report to the board any change of managing
pharmacist within 5 days following the change.
Phar 6.04 Floor design. (1) PROFESSIONAL SERVICE
AREA. The professional service area of a pharmacy shall not be
less than 250 sq. ft. No more than 20% of the space may be used
for storage of bulk pharmaceuticals. If the pharmacy is open at
any time solely as a nonprescription or sundry outlet, without a
pharmacist present, the professional service area shall be secured
as specified in sub. (3). A variance to the 250 sq. ft. professional
service area requirement may be authorized by the board upon
submission of a specific plan describing the manner in which the
proposed professional service area plan varies from the require-
ment.
(2) PRESCRIPTION COUNTER SPACE. A pharmacy shall have a
prescription counter with a free working surface of 18 or more
inches in width and at least 12 square feet in area. This freework-
ing surface must be used only for the compounding and dispens-
ing of prescriptions.
(3) PROFESSIONAL SERVICE AREA REQUIREMENTS WHERE PHAR-
MACIST IS ABSENT. (a) Except as provided in par. (c), if no pharma-
cist is present in the professional service area, a pharmacy may
convert to a nonprescription or sundry outlet if the following
requirements are met:
1. A secured, physical barrier surrounds the professional ser-
vice area of the pharmacy and precludes access to the area by unli-
censed personnel. A secured barrier may be constructed of other
than a solid material with a continuous surface. If constructed of
other than a solid material, the openings or interstices in the mate-
rial shall not be large enough to permit removal of items from the
professional service area by any means. Any material used in the
construction of the barrier shall be of sufficient strength and thick-
ness that it cannot be readily or easily removed, penetrated or bent.
The plans and specifications of the barrier shall be submitted to the
board for approval.
2. The barrier is locked in the absence of the pharmacist.
3. A patients telephone request to renew a certain prescrip-
tion may be accepted, but a telephone message from a practitioner
giving a new prescription order or renewal authority may not be
accepted.
5. Signs of reasonable size are posted at the entrance of the
building and the professional service area prominently displaying
the hours the pharmacist will be on duty.
6. The manner in which the telephone is answered does not
imply that the location is, at that time, operating as a pharmacy.
7. The pharmacy examining board office is notified of the
hours during which the establishment is operated as a sundry out-
let.
(b) The managing pharmacist is responsible for compliance
with all professional service area security requirements.
(c) Where no pharmacist is present in the professional service
area a pharmacy is not required to convert to a nonprescription
or sundry outlet if the following requirements are met:
1. The pharmacist is absent for a time period of one half hour
or less.
2. The pharmacist must be accessible for communication with
the remaining pharmacy staff by phone, pager or other device.
3. The pharmacy must indicate that the pharmacist is not
available in the professional service area and indicate the period
of absence and the time of the pharmacists return.
4. Pharmacy technicians may only perform duties allowed by
s. Phar 7.015 (2).
(4) PROFESSIONAL SERVICE AREA REMODELING. Any modifica-
tions of the approved floor plan shall be submitted to and
approved by the board or its designee. Board action must be taken
within 60 days.
History: Cr. Register, January, 1983, No. 325, eff. 2183; cr. (4), Register,
August, 1991, No. 428, eff. 9191; r. (3) (a) 4., Register, January, 1996, No. 481,
eff. 2196; CR 03096: am. (3) (a) (intro.), cr. (3) (c) Register May 2004 No. 581,
eff. 6104.
Phar 6.05 Sanitation. The professional service area of a
pharmacy shall have a sink convenient and suitable for cleaning
pharmaceutical equipment and supplied with hot and cold running
water. Detergent and a waste disposal container also shall be pro-
vided in the professional service area.
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Phar 6.06 Minimum equipment. (1) The professional
service area of a pharmacy shall have equipment of appropriate
design and size for the intended pharmacy practice consisting of
at least the following equipment:
(a) An electronic balance that has a sensitivity of 1 milligram,
or a mechanical torsion prescription balance that has a sensitivity
reciprocal of 6 milligrams.
(b) One set of accurate weights appropriate for any mechanical
torsion prescription balance being used for the purpose of com-
pounding.
(c) A supply of transparent glass graduates in single metric
scale capable of measuring 5 ml. to 100 ml.
(d) An accurate device to measure less than 5 ml.
(e) A supply of Wedgewood and glass mortars and pestles.
(f) A supply of stainless steel spatulas and at least one hard rub-
ber spatula.
(g) A supply of acid, base and solventresistant funnels.
(h) A heating device for any preparation that requires heat for
compounding.
(i) Ointment slab or ointment paper.
(j) The latest available or immediately accessible version of
federal and state pharmacy laws consisting of:
1. Drug enforcement administration regulations, 21 CFR
1300 to end.
2. Wisconsin pharmacy laws, ch. 450, Stats.
3. Wisconsin controlled substances act, ch. 961, Stats.
4. Wisconsin administrative code, rules of the pharmacy
examining board.
(k) References appropriate to the individual pharmacy practic-
e. These references should include, but are not limited to, the fol-
lowing topics: drug interactions; patient counseling; com-
pounding and pharmaceutical calculations; and generic
substitution.
(L) The telephone number of a poison center. This number
shall be conspicuously posted in the prescription department.
(2) Any person may apply for a variance to the application of
any provisions in sub. (1) (a) through (i) by filing a written request
with the board at P.O. Box 8935, Madison, Wisconsin 53708 stat-
ing the reasons for the variance.
History: Cr. Register, January, 1983, No. 325, eff. 2183; r. and recr. Register,
January, 1989, No. 397, eff. 2189; correction in (2) made under 13.93 (2m) (b) 6.,
Stats., Register, January, 1989, No. 397; am. (1) (j) 3., Register, December, 1998, No.
516, eff. 1199; CR 01023: am. (1) (intro.) and (a) to (c), (j) (intro.) and (k), Regis-
ter, August 2001 No. 548 eff. 9101.
Phar 6.07 Storage. (1) The professional service area
shall have a refrigerator adequate for the storage of biological and
other drugs requiring refrigeration.
(2) The professional service area shall have sufficient shelf,
drawer or cabinet space for the proper storage of a representative
stock of prescription labels, an assorted stock of prescription con-
tainers, and an adequate stock of prescription drugs, chemicals
and required pharmacy equipment.
(3) Controlled substances shall be stored in a securely locked,
substantiallyconstructed cabinet or dispersed throughout the
inventory of noncontrolled substances in a manner that obstructs
theft.
Phar 6.08 Security. A pharmacy shall have a centrally
monitored alarm system in the pharmacy. A security system or
plan that does not utilize a centrally monitored alarm system may
be used if reviewed by and prior approval is obtained from the
board.
History: Cr. Register, December, 1998, No. 516, eff. 1199; CR 05001: am.
Register August 2005 No. 596, eff. 9105; CR 09098: am. Register May 2010 No.
653, eff. 6110.
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Register May 2010 No. 653
Chapter Phar 7
PHARMACY PRACTICE
Phar 7.01 Minimum procedures for compounding and dispensing.
Phar 7.015 Pharmacy technicians.
Phar 7.02 Prescription label; name of drug or drug product dispensed.
Phar 7.03 Prescription renewal limitations.
Phar 7.04 Return or exchange of health items.
Phar 7.05 Prescription records.
Phar 7.055 Transfer of prescription order information.
Phar 7.065 Answering machines in pharmacies.
Phar 7.07 Medication profile record system.
Phar 7.08 Prescription orders transmitted electronically.
Phar 7.09 Automated dispensing systems.
Phar 7.095 Operation of remote dispensing sites.
Phar 7.10 Administration of drug products and devices other than vaccines.
Phar 7.12 Central fill pharmacy.
Phar 7.01 Minimum procedures for compounding
and dispensing. (1) Except as provided in sub. (4), a pharma-
cist or pharmacistintern who compounds or dispenses according
to a prescription order shall follow the procedures described in
this rule and other applicable procedures. The pharmacist or
pharmacistintern as directed and supervised by a pharmacist shall:
(a) Receive electronic or oral prescription orders of a pre-
scriber, review all original and renewal prescription orders,
whether electronic, written or oral, and determine therapeutic
compatibility and legality of the prescription order. The review
shall include, when indicated or appropriate, consultation with the
prescriber.
(b) Read and interpret a prescribers directions for use for the
purpose of accurately transferring the instructions to the prescrip-
tion label.
(c) Select, compound, mix, combine, measure, count and
otherwise prepare drugs needed to dispense a prescription except
that an agent of the pharmacist may procure, measure or count pre-
fabricated dosage forms if a pharmacist verifies accuracy of the
agents action.
(d) Make a final check on the accuracy and correctness of the
prescription. For all original and renewed prescriptions, the pre-
scription order record shall identify the pharmacist responsible for
the prescription.
(e) Give the patient or agent appropriate consultation relative
to the prescription except that prescriptions may be delivered by
an agent of the pharmacist to a patients residence if the delivery
is accompanied by appropriate directions and an indication that
consultation is available by contacting the pharmacist. The con-
sultation requirement applies to original and renewal prescription
orders and, except when prescriptions are delivered to a patients
residence, is not satisfied by only offering to provide consultation.
(em) Transfer the prescription to the patient or agent of the
patient.
(f) Receive, when required by law and standard professional
practice, permission to renew from authorized prescribers, and
note on the prescription order, medication profile record or uni-
formly maintained and readily retrievable document the follow-
ing information:
1. Date renewed.
2. Name of practitioner authorizing renewal, if different from
the original prescriber.
3. Quantity of drug dispensed.
4. Identification of the pharmacist renewing the prescription.
(2) Subsection (1) (d) and (e) does not prohibit institutional
pharmacists or community pharmacists serving institutions from
receiving prescription orders, dispensing and returning prescrip-
tion medications consistent with accepted inpatient institutional
drug distribution systems. Subsection (1) applies to any institu-
tional pharmacy dispensing to outpatients, including prescrip-
tions for discharged patients.
(3) A pharmacist may supervise no more than one pharmacy
intern and 4 pharmacy technicians engaged in compounding and
dispensing activities as described in sub. (1), except a higher ratio
may be authorized by the board upon request to and approval by
the board of a specific plan describing the manner in which addi-
tional interns or pharmacy technicians shall be supervised.
(4) A system for compounding and dispensing not in confor-
mance with subs. (1) to (3) may be used if reviewed and approved
by the board.
History: Cr. Register, January, 1983, No. 325, eff. 2183; am. (1) (intro.), (d) and
(f) (intro.), Register, August, 1991, No. 428, eff. 9191; am. (1) (e), Register, Janu-
ary, 1996, No. 481, eff. 2196; am. (1) (a), (e), (f) (intro)., (3) and cr. (1) (em), Regis-
ter, December, 1998, No. 516, eff. 1199; am. (1) (a), Register, November, 1999,
No. 527, eff. 12199; am. (3), Register, April, 2001, No. 544, eff. 5101.
Phar 7.015 Pharmacy technicians. (1) As used in this
section, pharmacy technician means a nonpharmacist or non
pharmacist intern who, under the general supervision of a pharma-
cist who regularly coordinates, directs and inspects the activities
of the pharmacy technician, assists the pharmacist in the technical
and nonjudgmental functions related to the practice of pharmacy
in the processing of prescription orders and inventory manage-
ment. Pharmacy technician does not include ancillary persons
which include, clerks, secretaries, cashiers or delivery persons,
who may be present in the pharmacy.
(2) A pharmacist may delegate technical dispensing functions
to a pharmacy technician, but only under the general supervision
of the pharmacist where the delegated functions are performed.
Technical dispensing functions include:
(a) Accepting written or electronic prescription orders of the
prescribing practitioner or from the prescribing practitioners
agent.
(b) Accepting original oral prescription orders from the pre-
scribing practitioner or prescribing practitioners agent, if the con-
versation is recorded and listened to and verified by the pharma-
cist prior to dispensing.
(c) Requesting authorization for a refill from the prescribing
practitioner.
(d) Accepting oral authorization for a refill from the prescrib-
ing practitioner or prescribing practitioners agent, provided there
are no changes to the original prescription order.
(e) Accepting a request from a patient to refill a prescription.
(f) Obtaining and entering patient or prescription data into the
patient information system.
(g) Preparing a prescription label.
(h) Retrieving medication from stock, counting or measuring
medication, and placing the medication in its final container.
(i) Reconstituting prefabricated dosage forms.
(j) Compounding pharmaceuticals pursuant to written policies
and procedures.
(k) Affixing a prescription label to its final container.
(L) Placing ancillary information on the prescription label.
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(m) Prepackaging and labeling drugs for dispensing by a phar-
macist.
(n) Preparing unit dose carts for final review by a pharmacist.
(o) Retrieving and transporting stock medication to and from
pharmacist approved areas.
(p) Other technical functions that do not require the profes-
sional judgment of a pharmacist.
(q) Transferring the prescription to the patient or agent of the
patient, provided that the pharmacist has first provided a patient
consultation.
(3) A pharmacy technician may not do any of the following:
(a) Provide the final verification for the accuracy, validity,
completeness, or appropriateness of a filled prescription or medi-
cation order.
(b) Perform any of the following tasks:
1. Participate in final drug utilization reviews.
2. Make independent therapeutic alternate drug selections.
3. Participate in final drug regimen screening, including
screening for therapeutic duplication, drugtodrug interactions,
incorrect dosage, incorrect duration of treatment, drug allergy
reactions and clinical abuse or misuse.
4. Perform any act necessary to be a managing pharmacist.
5. Administer any prescribed drug products, devices or vac-
cines.
(c) Provide patient counseling, consultation, or patient specific
judgment, such as interpreting or applying information, including
advice relating to therapeutic values, potential hazards and uses.
(4) The pharmacist shall provide the final verification for the
accuracy, validity, completeness, and appropriateness of the
patients prescription prior to the delivery of the prescription to the
patient or the patients representative.
History: Cr. Register, April, 2001, No. 544, eff. 5101; CR 07099: cr. (2) (q),
r. (3) (d) Register May 2008 No. 629, eff. 6108.
Phar 7.02 Prescription label; name of drug or drug
product dispensed. No drug product may be dispensed unless
the prescription label discloses the brand name and strength, or the
generic name, strength, and manufacturer or distributor of the
drug product dispensed unless the prescribing practitioner
requests omission of the above information. If a pharmacist, pur-
suant to a prescription order that specifies a drug product by its
brand name, dispenses the drug product equivalent of the drug
product specified in the prescription order, the prescription label
may include both the generic name of the drug product equivalent
and the brand name specified in the prescription order, unless the
prescribing practitioner requests that the brand name be omitted
from the label. If a brand name drug product is dispensed, the pre-
scription label may contain both the brand name and the generic
name of the drug product equivalent dispensed unless the pre-
scribing practitioner requests that the generic name of the drug
product equivalent be omitted from the label.
History: Cr. Register, January, 1983, No. 325, eff. 2183; Register, August,
1991, No. 428, eff. 9191; am. Register, January, 1996, No. 481, eff. 2196; CR
07097: am. Register May 2008 No. 629, eff. 6108.
Phar 7.03 Prescription renewal limitations. A pre-
scription order for any drug other than controlled substances,
which bears renewal authorization permitting the pharmacist to
renew the prescription as needed (PRN) by the patient, shall not
be renewed beyond one year from the date originally prescribed.
No prescription order containing either specific or PRN renewal
authorization is valid after the patientphysician relationship has
ceased.
History: Cr. Register, January, 1983, No. 325, eff. 2183; Register, August,
1991, No. 428, eff. 9191.
Phar 7.04 Return or exchange of health items. (1) In
this section:
(a) Health item means drugs, devices, hypodermic syringes,
needles or other objects for injecting a drug, medicines, or items
of personal hygiene.
(b) Inpatient health care facility means any hospital, nursing
home, county home, county mental hospital, tuberculosis sanitar-
ium or similar facility, but does not include communitybased res-
idential facilities, jails or prison facilities.
(c) Original container means the container in which a health
item was sold, distributed or dispensed.
(d) Resident health care patient means a patient residing in
a communitybased residential facility that controls a residents
prescribed and overthecounter medications as specified by s.
DHS 83.37
(e) Secured institutional health care patient means any of the
following:
1. A jail inmate patient whose dispensed health items are
maintained under the custody and control of the jail pursuant to an
approved policy and procedure manual under s. DOC 350.17,
containing policies and procedures for the control and administra-
tion of medications complying with s. DOC 350.20.
2. A juvenile patient who resides in a secured correctional
facility, as defined in s. 938.02 (15m), Stats.; a secured child car-
ing institution, as defined in s. 938.02 (15g), Stats.; a secured
group home, as defined in s. 938.02 (15p), Stats.; a secured deten-
tion facility, as defined in s. 938.02 (16), Stats.; or a juvenile por-
tion of a county jail whose dispensed health items are maintained
under the custody and control of the health services staff as
defined in s. DOC 316.02 (6) and provided to a juvenile patient
under the provisions of s. DOC 316.03.
Note: Section 938.02 (15m), Stats., was renumbered to s. 938.02 (10p), Stats., by
2005 Wis. Act 344 and the term secured correctional facility was changed to juve-
nile correctional facility. Section 938.02 (15p), Stats., was repealed by 2005 Wis.
Act 344. Section 938.02 (16), Stats., was renumbered to s. 938.02 (10r), Stats., and
secure detention facility ws changed to juvenile detention facility by 2005 Wis.
Act 344.
(f) Tamperresistant package means a container bearing a
beyond use date that is sealed so that the contents cannot be used
without obvious destruction of the seal.
(2) No health items after taken from a pharmacy where sold,
distributed or dispensed, may be returned to that pharmacy, except
for any of the following:
(a) From an inpatient health care facility, provided they are in
their original containers and the pharmacist determines the con-
tents are not adulterated or misbranded.
(b) Where the health items were dispensed in error, were
defective, adulterated, misbranded, or dispensed beyond their
beyond use date.
(c) When in the professional judgment of the pharmacist sub-
stantial harm could result to the public or a patient if they were to
remain in the possession of the patient, patients family or agent,
or other person.
(d) For a secured institutional health care patient or resident
health care patient where all of the following apply:
1. The health item was never in the possession and control of
the patient.
2. The health item was sold, distributed or dispensed in a tam-
perresistant package and, for a drug, includes the beyond use
date and manufacturers lot number.
3. The health item is not commingled with a different health
item unless the health item will be repackaged and redispensed to
the same patient.
4. The health item is in its original container and the pharma-
cist determines the contents are not adulterated or misbranded.
(e) A health item that is prepackaged for consumer use and
labeled in compliance with all applicable state and federal laws
where all of the following apply:
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1. The pharmacist determines that the original package is
unopened, sealed and intact and that package labeling is unal-
tered.
2. The pharmacist determines the contents are not adulter-
ated.
(3) Health items returned to a pharmacy pursuant to sub. (2)
(b) and (c), may not be sold, resold, or repackaged and sold or
resold, given away, or otherwise distributed or dispensed.
Returned health items shall either be destroyed at the pharmacy
or delivered for destruction or other disposal by an authorized per-
son or entity.
(3m) Health items returned from a secured institutional health
care patient to a pharmacy pursuant to sub. (2) (d), must be segre-
gated in the pharmacy and may not be sold, resold, or repackaged
and sold or resold, given away, or otherwise sold, distributed or
redispensed other than to a secured institutional health care
patient.
(4) It is not a return for a patient or agent of a patient to
deliver a previously dispensed drug or device to a pharmacy for
the purpose of repackaging and relabeling of that previously dis-
pensed drug or device, and subsequent return of the drug or device
for the same patients use.
Note: The DEA does not permit the return of controlled substances to a pharmacy
from a nonDEA registrant under any circumstances.
(5) It is not a return for a patient or agent of a patient to
deliver a previously dispensed drug or device to a pharmacy for
the purpose of destruction at the pharmacy or other disposal by an
authorized person or entity.
Note: Cancer and chronic disease drug returns and redispensing pursuant to ch.
DHS 148 are allowed provided the pharmacy follows the requirements in ch. DHS
148.
Note: A prescription drug that is returned to a pharmacy that primarily serves
patients confined in a state prison is not addressed in this rule. Such a drug may be
redispensed to a patient in a state prison provided the requirements of s. 450.09 (7m),
Stats., are satisfied.
1991, No. 428, eff. 9191; r. and recr., Register, December, 1998, No. 516, eff.
1199; CR 05029: cr. (1) (c) to (f), (2) (d) and (e), (3m) and (5), am. (2) (intro.)
and (b) Register December 2005 No, 600, eff. 1106; correction in (1) (d) made
under s. 13.92 (4) (b) 7., Stats., Register March 2010 No. 651.
Phar 7.05 Prescription records. (1) A computerized
system may be used for maintaining a record, as required under
this section, of prescription dispensing and transfers of prescrip-
tion order information for the purposes of original or refill dis-
pensing if the system:
(a) Is capable of producing a printout of any prescription data
which the user pharmacy is responsible for maintaining. The sys-
tem shall be designed so that the pharmacy can receive the print-
out within 48 hours after requesting the printout.
(b) Is equipped with an auxiliary procedure which, during peri-
ods of downtime, shall be used for documentation of prescription
dispensing. The auxiliary procedure shall ensure that prescription
refills are authorized by the original prescription order, that the
maximum number of prescription refills has not been exceeded
and that all of the appropriate data are retained for online entry
as soon as the computer system is again available for use.
(1m) A record of all prescriptions dispensed shall be main-
tained for a period of 5 years after the date of the last refill.
(2) All systems used for maintaining a record of any prescrip-
tion dispensing shall include:
(a) Patients identification.
(b) Name, strength and dosage form of the drug product dis-
pensed.
(c) Quantity dispensed.
(d) Date of all instances of dispensing.
(e) Practitioners identification.
(f) Pharmacists identification.
(g) Retrieval designation.
History: Cr. Register, January, 1983, No. 325, eff. 2183; cr. (5), Register, Sep-
tember, 1987, No. 381, eff. 10187; CR 00165: am. (3) (a) (intro.), (b) 6., (c), (5)
and (6) (intro.), r. (3) (b) 4., cr. (3) (b) 8., Register July 2001, No. 547 eff. 8101;
CR 05078: rn. (1) and (6) to be (1m) and (1) and am. (1) (intro.), (b) and (1m), r.
(3) to (5) Register January 2006 No. 601, eff. 2106.
Phar 7.055 Transfer of prescription order informa-
tion. (1) GENERAL REQUIREMENTS. A pharmacist may transfer
prescription order information between pharmacies licensed in
this state or another state, for the purpose of original or refill dis-
pensing, if all of the following conditions are satisfied:
(a) The transfer is communicated directly between 2 pharma-
cists either by verbal transfer or by a computer system transfer
meeting the requirements of sub. (4). Communication by facsim-
ile machine is not allowed unless the prescription order informa-
tion being transferred is verified verbally between 2 pharmacists.
(b) A computer system used to record a verbal transfer of pre-
scription order information for a noncontrolled substance meets
the requirements of s. Phar 7.05 (1) (a) and (b).
(c) The pharmacist receiving the verbal transfer of prescription
order information for either a controlled or a noncontrolled sub-
stance records the transferred information in writing unless a com-
puter system transfer meeting the requirements of sub. (4) is used.
(d) All original and transferred prescription orders are main-
tained for a period of 5 years from the date of the last refill.
(e) A written copy of any prescription order for a prescribed
drug provided by a pharmacist is identified in writing as COPY
FOR INFORMATION ONLY. No prescribed drug may be dis-
pensed based on an information copy.
(f) A pharmacist making or receiving a transfer of prescription
order information is licensed in the state in which he or she per-
forms an act required by this section.
(2) NONCONTROLLED SUBSTANCES. The transfer of prescrip-
tion order information for noncontrolled substances for the pur-
poses of original or refill dispensing is permissible pursuant to the
following requirements:
(a) The pharmacist making the transfer records the following
information:
1. The word VOID is written on the face of the invalidated
prescription order or recorded in a similar manner to VOID on
a prescription order in a computer system meeting the require-
ments of s. Phar 7.05 (1) (a) and (b).
2. The name and address of the pharmacy to which it was
transferred, the name of the pharmacist receiving the prescription
order, the date and the name of the pharmacist transferring the
information are recorded on the reverse side of the invalidated
prescription order or in a computer system meeting the require-
ments of s. Phar 7.05 (1) (a) and (b).
3. A transfer of prescription order information for a noncon-
trolled substance for the purposes of refill dispensing is limited to
the number of authorized refills.
(b) The pharmacist receiving the transferred prescription order
information shall record in writing the following:
1. The word TRANSFER on the face of the transferred pre-
scription order.
2. The name and address of the patient, the name and address
of the prescribing practitioner, and the name and quantity and dos-
age form of the drug product or device prescribed and the direc-
tions for use.
3. The date of issuance of the original prescription order.
4. The original number of refills authorized on the original
prescription order.
5. The date of original dispensing if the prescription order has
previously been dispensed.
6. The number of valid refills remaining and the date of the
last refill.
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7. The pharmacys name, address, and the prescription order
number from which the prescription order information was trans-
ferred.
8. The name of the pharmacist making the transfer.
9. The name, address and telephone number of the pharmacy
from which the original prescription order was transferred if dif-
ferent than subd. 7.
(3) CONTROLLED SUBSTANCES. The transfer of prescription
order information for controlled substances for the purposes of
refill dispensing is permissible pursuant to the following require-
ments:
(a) The transfer of prescription order information is permissi-
ble only on a one time basis unless a computer system meeting the
requirements of sub. (4) is used.
(b) If a computer system meeting the requirements of sub. (4)
is used, a transfer of prescription order information for the pur-
poses of refill dispensing is limited to the number of authorized
refills.
(c) Unless a computer system meeting the requirements of sub.
(4) is used, the pharmacist making the transfer shall record in writ-
ing the following information:
1. The word VOID is written on the face of the invalidated
prescription order.
2. The name, address and DEA registration number of the
pharmacy to which it was transferred, the name of the pharmacist
receiving the prescription order and the date and the name of the
pharmacist transferring the information are recorded on the
reverse side of the invalidated prescription order.
(d) Unless a computer system meeting the requirements of sub.
(4) is used, the pharmacist receiving the transferred prescription
order information shall record in writing the following informa-
tion:
1. The word TRANSFER on the face of the transferred pre-
scription order.
2. The name and address of the patient, the name, address and
DEA number of the prescribing practitioner, and the name and
quantity and dosage form of the drug product or device prescribed
and the directions for use.
3. The date of issuance of the original prescription order.
4. The original number of refills authorized on the original
prescription order.
5. The date of original dispensing.
6. The number of valid refills remaining and the dates and
locations of previous refills, if applicable.
7. The name, address, telephone number, DEA registration
number and prescription order number of the pharmacy from
which the prescription order information was transferred if differ-
ent from the pharmacy from which the prescription order was
originally dispensed.
8. The name of the pharmacist making the transfer.
9. The name, address, telephone number, DEA registration
number and prescription order number of the pharmacy from
which the prescription order was originally dispensed.
(4) USE OF COMPUTER SYSTEM. A computer system used for
transferring prescription order information shall, in addition to
meeting the requirements of s. Phar 7.05 (1) (a) and (b), contain
a common central processing unit electronically sharing a real
time, online database to which both the transferring and receiv-
ing pharmacy have access.
History: CR 05078: cr. Register January 2006 No. 601, eff. 2106.
Note: See the table of Appellate Court Citations for Wisconsin appellate cases cit-
ing s. Phar 7.055.
Phar 7.065 Answering machines in pharmacies.
Oral prescription orders may be received at a pharmacy via a tele-
phone answering device and dispensed by the pharmacist if the
voice of the physician or physicians agent is known to the phar-
macist, and provided other requirements of reducing the prescrip-
tion order to writing, labeling and filing are met.
Phar 7.07 Medication profile record system. (1) An
individual medication profile record system shall be maintained
in all pharmacies for persons for whom prescriptions, original or
renewal, are dispensed for outpatient use. The system shall be
capable of permitting the retrieval of information. The system
need not be limited to individual medication profile records.
(2) The following minimum information shall be retrievable:
(a) Patient name, or other identifying information.
(b) Address of the patient.
(c) Birth date of the patient if obtainable.
(d) Name of the drug product dispensed.
(e) Strength of the drug product dispensed.
(f) Dosage form of the drug product dispensed.
(g) Quantity of the drug product dispensed.
(h) Directions for use.
(i) Retrieval designation assigned to the prescription order.
(j) Date of all instances of dispensing, for original and renewal
prescriptions.
(k) Practitioner identification.
Note: This subsection incorporates renewal dispensing information required by
federal law (21 CFR 1306.22) and state law (s. 450.11 (5), Stats.).
(3) The pharmacist shall be responsible for attempting to
ascertain and record any patient allergies, adverse drug reactions,
drug idiosyncrasies, and any chronic conditions which may affect
drug therapy as communicated by the patient or agent of the
patient. If none, this should be indicated.
(4) At the time a prescription order is reviewed by the pharma-
cist for dispensing, the pharmacist shall review the medication
profile record of the patient for the previously dispensed medica-
tion history and shall determine whether the prescription order
presented should be dispensed.
(5) Medication profile records, if used as the only documenta-
tion of renewal dispensing, shall be maintained for a period of not
less than 5 years following the date of the last entry. If the profile
records are not used as the only documentation of renewal dis-
pensing they shall be maintained for a period of not less than 1
year from the date of the last entry.
History: Cr. Register, January, 1989, No. 397, eff. 2189; renum. from Phar
7.08, Register, August, 1991, No. 428, eff. 9191; am. (1), Register, December,
1998, No. 516, eff. 1199.
Phar 7.08 Prescription orders transmitted electron-
ically. (1) Except as provided in s. 453.068 (1) (c) 4., Stats., and
as otherwise prohibited by law, prescription orders may be
accepted and dispensed if they have been transmitted electroni-
cally from a practitioner or his or her designated agent to a phar-
macy via computer modem or other similar electronic device.
Prescription orders transmitted by facsimile machine are not con-
sidered electronic prescription orders; but rather, written prescrip-
tion orders.
Note: Prescription orders for schedule II controlled substances may not be trans-
mitted electronically except as emergency orders, subject to the same requirements
for oral emergency orders for schedule II controlled substances. See s. 961.38 (1r)
and (2), Stats., and s. Phar 8.09.
(2) A pharmacist may dispense a prescription pursuant to a
prescription order transmitted electronically, if the pharmacist
assures the prescription order does all of the following:
(a) Was sent only to the pharmacy of the patients choice and
only at the option of the patient, with no intervening person or
third party having access to the prescription order other than to
forward it to the pharmacy.
(b) Identifies the individual senders name and telephone num-
ber for oral confirmation, the time and date of transmission, and
the pharmacy intended to receive the transmission.
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(c) Is designated electronically transmitted prescription, or
with similar words or abbreviations to that effect.
(d) Contains all other information that is required in a prescrip-
tion order.
(3) The prescribing practitioners electronic signature, or
other secure method of validation shall be provided with a pre-
scription order electronically transmitted via computer modem or
other similar electronic device.
(4) Any visual or electronic document received in connection
with an electronically transmitted prescription order shall be
accessible only within the professional service area of the phar-
macy to protect patient confidentiality and assure security.
(5) A pharmacist who receives a prescription order electroni-
cally shall ensure the security, integrity and confidentiality of the
prescription order and any information contained in the order. To
maintain the confidentiality of patient records, the electronic sys-
tem shall have adequate security and system safeguards designed
to prevent and detect unauthorized access, modification, or
manipulation of patient records. Once the prescription has been
dispensed, any alterations in prescription order drug data shall be
documented including the identification of the pharmacist respon-
sible for the alteration.
(6) Access to the electronic mail system for the receipt of pre-
scription orders electronically may only be acquired by use of a
password or passwords, known only to individuals authorized to
access the system.
(7) A pharmacist may not use any electronic device to circum-
vent his or her responsibilities with regard to documenting,
authenticating and verifying prescription orders or in order to cir-
cumvent other pharmacy laws.
History: Cr. Register, November, 1999, No. 527, eff. 12199.
Phar 7.09 Automated dispensing systems. (1) In
this section:
(a) Automated dispensing system means a mechanical sys-
tem that perform operations or activities, other than compounding
or administration, relative to the storage, packaging, dispensing or
distribution of medications, and which collects, controls, and
maintains all transaction information.
(b) Inpatient health care facility means any hospital, nursing
home, county home, county mental hospital, or tuberculosis sani-
torium, but does not include communitybased residential facili-
ties.
(2) An automated dispensing system may be used in a com-
munity pharmacy, as provided in this section.
(3) An automated dispensing system may be used as provided
in this section by an institutional pharmacy serving an inpatient
health care facility, that has an established program of receiving
prescription orders, and dispensing and returning prescription
medications consistent with accepted inpatient institutional drug
distribution systems. An automated dispensing system used by an
institutional pharmacy shall only be located in that institutional
pharmacy or within the inpatient health care facility.
(4) The managing pharmacist of a community pharmacy or an
institutional pharmacy is responsible for all of the following:
(a) Assuring that the automated dispensing system is in good
working order and accurately dispenses the correct strength, dos-
age form, and quantity of the drug prescribed and complying with
the recordkeeping and security safeguards pursuant to sub. (5).
(b) Implementing an ongoing quality assurance program that
monitors performance of the automated dispensing system, which
is evidenced by written policies and procedures.
(c) Providing the board with prior written notice of the installa-
tion or removal of an automated dispensing system. The notice
provided shall include, but is not limited to the:
1. Name and address of the pharmacy.
2. Initial location of the automated dispensing system. The
automated dispensing system may thereafter be relocated within
the pharmacy or inpatient health care facility without providing
subsequent notification to the board.
3. Identification of the managing pharmacist.
(d) Assigning, discontinuing or changing personnel access to
the system.
(e) Assuring that access to the medications comply with state
and federal laws.
(f) Assuring that the automated dispensing system is stocked
accurately and in accordance with established written policies and
procedures.
(5) An automated dispensing system shall comply with the
following provisions:
(a) A pharmacy shall maintain onsite the following documen-
tation relating to an automated dispensing system:
1. Name and address of the pharmacy or inpatient health care
facility where the system is being used.
2. The system manufacturers name, model and serial num-
ber.
3. Description of how the system is used.
4. Written quality assurance procedures to determine contin-
ued appropriate use of the system.
5. Except as required pursuant to par. (b), written policies and
procedures for system operation, safety, security, accuracy,
access and malfunction.
(b) All written policies and procedures shall be maintained in
the pharmacy responsible for the automated dispensing system.
(c) An automated dispensing system shall have adequate secu-
rity systems and procedures, evidenced by written policies and
procedures to prevent unauthorized access to maintain patient
confidentiality and to comply with federal and state laws.
(d) Records and data kept by the automated dispensing system
shall meet the following requirements:
1. All events involving the contents of the automated dispens-
ing systems must be recorded electronically.
2. Records shall be maintained by the pharmacy and be avail-
able to the board. Records shall include:
a. The time and location of the system accessed.
b. Identification of the individual accessing the system.
c. Type of transaction.
d. Name, strength, dosage form and quantity of the drug
accessed.
e. Name of the patient for whom the drug was ordered.
f. Such additional information as the managing pharmacist
may deem necessary.
(e) The stocking of all medications in the automated dispens-
ing system shall be accomplished by qualified personnel under no
less than the general supervision of a licensed pharmacist; except
that when an automated dispensing system is located within a
pharmacy the supervision must be direct.
(f) A record of medications stocked into an automated dispens-
ing system shall be maintained for 5 years and shall include identi-
fication of the person stocking and pharmacist checking for accu-
racy.
(g) All containers of medications stored in the automated dis-
pensing system shall be packaged and labeled in accordance with
state and federal law.
(h) All aspects of handling controlled substances shall meet the
requirements of all state and federal law.
(i) The automated dispensing system shall provide a mecha-
nism for securing and accounting for medications removed from
and subsequently returned to the automated dispensing system, in
accordance with state and federal law.
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(j) The automated dispensing system shall provide a mecha-
nism for securing and accounting for medication returned to the
system and accounting for wasted medications in accordance with
state and federal law.
History: Cr. Register, October, 2000, No. 538, eff. 11100.
Phar 7.095 Operation of remote dispensing sites.
(1) DEFINITIONS. In this section:
(a) Health care facility means a facility, as defined in s.
647.01 (4), Stats., or any hospital, nursing home, community
based residential facility, county home, county infirmary, county
hospital, county mental health center or other place licensed or
approved by the department of health services under s. 49.70,
49.71, 49.72, 50.02, 50.03, 50.35, 51.08 or 51.09, Stats., or a facil-
ity under s. 45.50, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10,
Stats.
(b) Managing pharmacist means a pharmacist designated by
the pharmacy owner to have responsibility for and direct control
of pharmaceutical operations in a pharmacy.
(c) Practitioner means a person licensed in this state to pre-
scribe and administer drugs or licensed in another state and recog-
nized by this state as a person authorized to prescribe and adminis-
ter drugs.
(d) Remote dispensing site means a dispensing site that is
not licensed as a pharmacy. Remote does not mean geographical
distance or location.
(e) Supervising pharmacy means a licensed pharmacy that
oversees the operations and administration of all aspects of the
remote dispensing site.
(2) LICENSING REQUIREMENTS AND USE OF TITLES RELATING TO
THE OPERATION OF REMOTE DISPENSING SITES. (a) A remote dis-
pensing site shall not be licensed as a pharmacy.
(b) No person may use or display the title pharmacy, drug-
store, apothecary, or any other title, symbol or insignia having
the same or similar meanings in connection with a remote dispens-
ing site.
(3) LOCATION OF REMOTE DISPENSING SITES. A pharmacist may
dispense at the following locations:
(a) A health care facility or a facility identified under s.
980.065, Stats.
(b) The office or clinic of a practitioner.
(c) A county jail, rehabilitation facility under s. 59.53 (8),
Stats., state prison under s. 302.01, Stats., or county house of
correction under s. 303.16 (1), Stats.
(d) A juvenile correctional facility under s. 938.02 (10p),
Stats., juvenile detention facility under s. 938.02 (10r), Stats., resi-
dential care center for children and youth under s. 938.02 (15d),
Stats., secured residential care center for children and youth under
s. 938.02 (15g), Stats., type 1 juvenile correctional facility under
s. 938.02 (19), Stats., type 2 residential care center for children
and youth under s. 938.02 (19r), Stats., or type 2 juvenile correc-
tional facility under s. 938.02 (20), Stats.
(4) REQUIREMENTS FOR THE OPERATION OF REMOTE DISPENSING
SITES. (a) A remote dispensing site shall display a sign, easily
viewable by customers, that states all of the following:
1. Prescriptions may be filled at this location.
2. This store is a remote dispensing site being supervised by
a pharmacist located at all of the following:
a. Name of store.
b. Address of store.
c. Telephone number of store.
3. The pharmacist is required to talk to you each time you pick
up a prescription.
(b) A remote dispensing site shall not open for operation if the
supervising pharmacy is closed.
(c) A remote dispensing site shall not dispense a prescribed
drug or device in the absence of the ability of a patient to commu-
nicate with the pharmacist.
(d) When closed, a remote dispensing site shall have a cen-
trally monitored alarm. For all after hour entries, the personnel
entering the site shall record their name, and the date, time and
purpose for entering the site in a log. All logs shall be retained for
2 years.
(e) A remote dispensing site shall submit written notification
to the board 30 days prior to operating the remote dispensing site.
(5) DISPENSING REQUIREMENTS. A remote dispensing site shall
meet all of the following:
(a) Comply with the requirements under s. Phar 7.01 and visu-
ally inspect prescription orders, labels and dispensed product.
(b) Comply with the labeling requirements under s. Phar 7.12
(2) (g). The prescription label shall contain the name and address
of the supervising pharmacy as the licensed facility from which
the prescribed drug or device was dispensed.
(c) Comply with federal law if a remote dispensing site dis-
penses controlled substances.
(6) RESPONSIBILITIES OF MANAGING PHARMACISTS. (a) The
managing pharmacist of a remote dispensing site shall, in accord-
ance with s. Phar 7.09, do all of the following:
1. Have written policies and procedures for system operation,
safety, security, accuracy and access.
2. Implement an ongoing quality assurance program that
monitors performance that includes the number of prescriptions
dispensed per month, number of medication errors documented,
loss or diversion of inventory, and documentation of remedial
training to prevent future errors.
3. Visit the remote dispensing site at least monthly to conduct
controlled substance inventory, to ensure written policies and pro-
cedures are being followed, and to ensure that remote dispensing
site personnel comply with all federal and state laws regulating the
practice of pharmacy.
4. Retain documentation of the monthly inspection visits at
the remote dispensing site for 2 years.
(b) The managing pharmacist at the supervising pharmacy is
responsible for all remote dispensing sites connected to the super-
vising pharmacy.
(7) REQUIREMENTS FOR PHARMACY TECHNICIANS AND INTERNS.
Pharmacy technicians and interns employed at a remote dispens-
ing site shall satisfy all of the following requirements:
(a) Be 18 years of age or older.
(b) Be a high school graduate or have equivalent education.
(c) Have completed 1500 hours of work as a technician within
the 3 years prior to the date of employment at the remote dispens-
ing site or completed a training program approved by the board.
History: CR 09099: cr. Register March 2010 No. 651, eff. 4110.
Phar 7.10 Administration of drug products and
devices other than vaccines. A pharmacist may administer
a drug product, as defined in s. 450.01 (11), Stats., or device, as
defined in s. 450.01 (6), Stats., in the course of teaching a patient
selfadministration techniques except a pharmacist may not
administer by injection a prescribed drug product or device unless
he or she satisfies each of the following:
(1) The pharmacist has successfully completed 12 hours in a
course of study and training, approved by the American council
on pharmaceutical education or the board, in injection techniques,
emergency procedures and record keeping.
(2) The pharmacist has in effect liability insurance against
loss, expense and liability resulting from errors, omissions or
neglect in the administration by injection of prescribed drug prod-
ucts or devices in an amount that is not less than $1,000,000 for
each occurrence and $2,000,000 for all occurrences in any one
policy year. The pharmacist shall maintain proof that he or she sat-
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isfies this requirement and, upon request, shall provide copies of
such proof to the department or board.
(3) The pharmacist has written procedures regarding the
administration by injection of a prescribed drug product or device
in the course of teaching selfadministration techniques to a
patient.
Note: To administer a vaccine a pharmacist must meet the requirements in s.
450.035, Stats.
Phar 7.12 Central fill pharmacy. (1) In this section:
(a) Central fill pharmacy means a pharmacy licensed in this
state acting as an agent of an originating pharmacy to fill or refill
a prescription.
(b) Originating pharmacy means a pharmacy licensed in this
state that uses a central fill pharmacy to fill or refill a prescription
order.
(2) A central fill pharmacy and originating pharmacy may
process a request for the filling or refilling of a prescription order
received by an originating pharmacy only pursuant to the follow-
ing requirements:
(a) The central fill pharmacy either has the same owner as the
originating pharmacy or has a written contract with the originating
pharmacy outlining the services to be provided and the responsi-
bilities of each pharmacy in fulfilling the terms of the contract in
compliance with federal and state law.
(b) The central fill pharmacy shall maintain a record of all orig-
inating pharmacies, including name, address and DEA number,
for which it processes a request for the filling or refilling of a pre-
scription order received by the originating pharmacy. The record
shall be made available upon request for inspection by the board
or its agent.
(c) The central fill pharmacy and originating pharmacy main-
tain a written filling protocol delineating each pharmacys
assumption of responsibility for compliance with the prescription
drug compounding and dispensing requirements of this chapter
and ch. Phar 8.
(d) The originating pharmacy shall remain responsible for
compliance with the prescription drug compounding and dispens-
ing requirements of this chapter and ch. Phar 8, and which are not
assumed in writing by the central fill pharmacy pursuant to a writ-
ten filling protocol.
(e) The originating pharmacy shall at all times remain solely
responsible to perform and comply with the requirements of s.
Phar 7.01 (1) (e) and (em).
(f) Unless the central fill pharmacy shares a common central
processing unit with the originating pharmacy, it may not perform
processing functions such as the medication profile record review
of the patient, drug utilization review, refill authorizations, inter-
ventions and drug interactions.
(g) The prescription label attached to the container shall con-
tain the name and address of the originating pharmacy as the
licensed facility from which the prescribed drug or device was dis-
pensed for purposes of s. 450.11 (4) (a) 1., Stats. The date on
which the prescription was dispensed for purposes of s. 450.11 (4)
(a) 2., Stats., shall be the date on which the central fill pharmacy
filled the prescription order.
(h) The originating pharmacy shall maintain the original of all
prescription orders received for purposes of filing and record-
keeping as required by state and federal law.
(i) The central fill pharmacy shall maintain all original fill and
refill requests received from the originating pharmacy and shall
treat them as original and refill prescription orders for purposes of
filing and recordkeeping as required by state and federal law.
(j) In addition to meeting the other recordkeeping require-
ments required by state and federal law, the central fill pharmacy
and originating pharmacy shall each maintain records to identify
each of its pharmacists responsible for receiving and reviewing
prescription orders and compounding and dispensing pursuant to
a prescription order and track the prescription order during each
step in the dispensing process.
(k) The central fill pharmacy and originating pharmacy shall
adopt a written quality assurance program for pharmacy services
designed to objectively and systematically monitor and evaluate
the quality and appropriateness of patient care, pursue opportuni-
ties to improve patient care, resolve identified problems and
insure compliance with this section.
(L) The originating pharmacy shall provide the patient with the
name and address of the central fill pharmacy and obtain consent
as required by applicable state and federal law.
History: CR 01075: cr. Register November 2003 No. 575, eff. 12103; CR
09098: am. (2) (f) Register May 2010 No. 653, eff. 6110.
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Chapter Phar 8
REQUIREMENTS FOR CONTROLLED SUBSTANCES
Phar 8.01 Scope.
Phar 8.02 Records.
Phar 8.03 Filing prescription orders.
Phar 8.04 Purpose of issue of prescription order.
Phar 8.05 Dispensing.
Phar 8.06 Renewing prescriptions.
Phar 8.07 Partial dispensing.
Phar 8.08 Labeling prescriptions.
Phar 8.09 Emergency dispensing.
Phar 8.10 Disclosure of suspicious orders of controlled substances.
Phar 8.11 Controlled substances in emergency kits for long term care facilities.
Phar 8.12 Prescription orders transmitted by facsimile machine.
Phar 8.01 Scope. Procedures governing the manufacture,
distribution and dispensing of controlled substances pursuant to
ch. 961, Stats., are set forth generally by that chapter and specifi-
cally by sections of this chapter and chs. Phar 12 and 13.
1991, No. 428, eff. 9191; am. Register, December, 1998, No. 516, eff. 1199.
Phar 8.02 Records. (1) Any pharmacy, practitioner, or
other federal drug enforcement administration registrant, as refer-
enced in ch. 961, Stats., shall maintain complete and accurate
records of each controlled substance received, manufactured, dis-
tributed, dispensed or disposed of in any other manner.
(2) Records required by the federal controlled substances act
and ch. 961, Stats., shall be maintained at the location where the
drug is received, manufactured, distributed or dispensed, and be
available for inspection by authorized persons for at least 5 years
from the date of such record. Financial and shipping records such
as invoices and packing slips, but not executed order forms, may
be kept at a central location. A complete and accurate biennial
physical inventory of all schedule II, III, IV and V controlled sub-
stances pursuant to ss. 961.16, 961.18, 961.20 and 961.22, Stats.,
and ch. CSB 2 on hand shall be made in conformance with all
applicable federal and state laws.
(3) Required records shall be maintained as follows:
(a) Records of schedule II controlled substances, other than
prescription orders, shall be maintained separately from all other
records.
(b) Records of schedule III, IV and V controlled substances
shall be maintained either separately or in such form that the infor-
mation required is readily retrievable from the registrants ordi-
nary records.
(c) The official drug enforcement administration order forms,
DEA form 222, used in the procurement and distribution of sched-
ule II substances shall be maintained at the locations from which
the drug was distributed and where it is received.
(d) Any person authorized to manufacture, distribute or dis-
pense controlled substances shall maintain complete and accurate
records with the following information:
1. The name of the substance.
2. The dosage form, strength and quantity of the substance.
3. The quantity and date of distribution as well as the name,
address and DEA registration number of the person to whom dis-
tributed.
4. The number of units and date of receipt as well as the name,
address and DEA registration number of the person from whom
received.
5. The name and address of the person for whom dispensed,
date of dispensing, quantity dispensed and name or initials of the
individual who dispensed the substance.
(e) Records for dispensed schedule V substances shall be
maintained as follows:
1. If a schedule V drug is dispensed pursuant to the prescrip-
tion order of a practitioner, the prescription shall be labeled prop-
erly and the order filed in accordance with the requirements for
schedule III and IV orders.
2. If a schedule V drug is dispensed other than pursuant to a
prescription order, the dispenser shall make the record required by
s. 961.23, Stats., in a bound controlled substance V register at the
time of the transaction.
(f) In any instance that a pharmacy, practitioner or other DEA
registrant authorized to possess controlled substances is required
to file with the DEA a report of theft or loss of controlled sub-
stances, the pharmacy, practitioner or other DEA registrant shall
also send a copy to the board within 2 weeks of filing with the
DEA.
Note: The Drug Enforcement Administration regional office is at 1800 Dirksen
Federal Building, 219 S. Dearborn, Chicago, Illinois 60604.
History: Cr. Register, January, 1983, No. 325, eff. 2183; am. (3) (f), r. (4) (a)
and (b), Register, August, 1991, No. 428, eff. 9191; am. (1), (2) and (3) (e) 2., Reg-
ister, December, 1998, No. 516, eff. 1199; CR 06052: am. (3) (f) Register October
2006 No. 610, eff. 11106.
Phar 8.03 Filing prescription orders. (1) All con-
trolled substance prescription orders shall be maintained on file,
in chronological order, for a period of at least 5 years. The orders
shall be readily accessible to enforcement personnel authorized
by s. 961.51, Stats.
(2) Schedule II prescription orders may be filed separately
from all other orders or they may be filed with those for schedule
III, IV and V drugs provided all orders in the file for schedule III,
IV and V drugs are stamped in red ink with the letter C one inch
in height, in the lower right hand corner of the order. Under no cir-
cumstances may schedule II orders be filed together with those for
noncontrolled drugs.
(3) Schedule III, IV and V prescription orders may be filed
with those for noncontrolled drugs provided that orders for
schedule III, IV and V drugs are stamped in red ink with the letter
C one inch in height in the lower right hand corner of the order
or orders for schedule III, IV and V substances may be filed sepa-
rately. However, if a pharmacy employs an automated data pro-
cessing system or other electronic recordkeeping system for pre-
scription orders which permits identification by prescription order
number and retrieval of original documents by prescribers name,
patients name, drug dispensed, and date filled, then the require-
ment to mark the hard copy prescription order with a red C is
waived.
ter, August, 1991, No. 428, eff. 9191; am. (1) and (3), Register, December, 1998,
No. 516, eff. 1199.
Phar 8.04 Purpose of issue of prescription order.
(1) Prescription orders for controlled substances shall be issued
for a legitimate medical purpose by individual practitioners acting
in the usual course of professional practice. Responsibility for the
proper prescribing and dispensing of controlled substances is
upon the prescribing practitioner, but a corresponding responsi-
bility rests with the pharmacist who dispenses the prescription. An
order purporting to be a prescription order not issued in the usual
course of professional treatment or in legitimate and authorized
research is not a prescription order within the meaning and intent
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of ss. 450.01 (21) and 961.38, Stats. The person knowingly dis-
pensing pursuant to such a purported order, as well as the person
issuing it, shall be subject to the penalties provided for violation
of the provision of law relating to controlled substances.
(2) A prescription order issued by a practitioner to obtain con-
trolled substances for the purpose of general dispensing or admin-
istration to patients by the practitioner is not valid.
1991, No. 428, eff. 9191; am. (1), Register, December, 1998, No. 516, eff. 1199.
Phar 8.05 Dispensing. (1) All controlled substance pre-
scription orders shall be dated as of, and signed on, the day issued
and shall contain the full name and address of the patient, the drug
name, strength, dosage form, quantity prescribed, directions for
use and the name, address and registration number of the practi-
tioner. Prescription orders shall be written with ink or indelible
pencil or be typewritten and shall be signed by the practitioner.
Orders for controlled substances may be issued only by individual
practitioners who are authorized to prescribe controlled sub-
stances by the jurisdiction in which he or she is licensed to practice
and registered or exempt from registration under the federal con-
trolled substances act.
(2) A pharmacist may dispense a controlled substance listed
in schedule II, III or IV only pursuant to a prescription order issued
by an individual practitioner. The order shall be initialed and dated
by the dispensing pharmacist as of the date the prescription is dis-
pensed. If the person accepting the medication pursuant to any
prescription order for a schedule II controlled substance, specified
in s. 961.16, Stats., is not personally known to the pharmacist,
there shall be written in ink, on the reverse side, the printed name,
signature and address of the person.
(3) An individual practitioner may dispense directly a con-
trolled substance listed in schedule II, III or IV provided that the
prescription container is labeled and records are maintained in
accordance with the requirements of this code.
(4) A prescription containing a controlled substance listed in
schedule II may be dispensed only pursuant to a written order
signed by the prescribing individual practitioner, except in emer-
gency situations. A prescription for a controlled substance listed
in schedule II may not be dispensed more than 60 days after the
date of issue on the prescription order.
(7) A prescription order for a controlled substance may not be
dispensed unless the prescription order contains all of the informa-
tion required in sub. (1). For any controlled substance prescription
order, a pharmacist may not add, modify or clarify the patients
name, the controlled substance prescribed, except for generic sub-
stitution as permitted by law, and the prescribing practitioners sig-
nature. After consultation with the prescribing practitioner, a phar-
macist may add, modify or clarify the strength, dosage form,
quantity prescribed, date of issuance and directions for use for a
schedule II controlled substance prescription order. For a schedule
II controlled substance prescription order, a pharmacist may add,
modify or clarify the registration number of the practitioner, and the
address of the practitioner and the patient if that information is veri-
fiable and retrievable from information maintained by the pharma-
cist or is obtained through consultation with the practitioner. A
pharmacist may add, modify or clarify any information allowed in
this subsection missing from a prescription order for a schedule III,
IV or V controlled substance that is verifiable and retrievable from
information maintained by the pharmacist or that is obtained
through consultation with a practitioner. A patient may only pro-
vide information to a pharmacist to add, modify or clarify the
patients address. The prescription order shall be initialed and dated
by the pharmacist and shall indicate the addition, modification or
clarification of information and the manner by which the pharma-
cist obtained that information.
History: Cr. Register, January, 1983, No. 325, eff. 2183; am. (1), (2), (3) and
(5), cr. (6), Register, August, 1991, No. 428, eff. 9191; cr. (7), Register, January,
1996, No. 481, eff. 2196; am. (4), Register, February, 1996, No. 482, eff. 3196;
am. (2), Register, December, 1998, No. 516, eff. 1199; am. (1) and (7), r. (6), Regis-
ter, February, 2001, No. 542, eff. 3101; CR 01154: am. (4), r. (5), Register 2002
No. 559, eff. 8102.
Phar 8.06 Renewing prescriptions. (1) No prescrip-
tion containing a schedule II substance may be renewed.
(2) The prescribing practitioner may authorize renewals of
schedule III or IV controlled substances on the original prescrip-
tion order or through an electronic or oral renewal authorization
transmitted to the pharmacist. The following conditions must be
met:
(a) The pharmacist obtaining the electronic or oral authoriza-
tion shall note on the prescription order, medication profile record
or readily retrievable and uniformly maintained document the fol-
lowing information:
1. Date authorization is received.
2. Quantity of drug authorized.
3. Number of renewals.
4. Identification of practitioner authorizing the renewals if
different from the original prescriber.
5. Identification of the pharmacist who received the authori-
zation.
(b) The quantity of each renewal authorized is equal to or less
than the quantity authorized for the initial dispensing of the origi-
nal prescription.
(3) No prescription containing a controlled substance listed in
schedule III or IV may be dispensed or renewed more than 6
months after the date on which the prescription order was issued
and no prescription authorized to be renewed may be renewed
more than 5 times.
(4) A prescription containing a drug listed in schedule V may
be renewed only as expressly authorized by the practitioner.
History: Cr. Register, January, 1983, No. 325, eff. 2183; renum. (2) and (3) to
be (3) and (4) and am. (3), cr. (2), Register, August, 1991, No. 428, eff. 9191; am.
(2) (intro.) and (a) (intro.), Register, November, 1999, No. 527, eff. 12199.
Phar 8.07 Partial dispensing. (1) A pharmacist may
partially dispense a prescription containing a controlled substance
listed in schedule III, IV and V.
(2) The partial dispensing of a prescription containing a con-
trolled substance listed in schedule II is permissible, if the phar-
macist is unable to supply the full quantity called for in a written
or emergency electronic or oral prescription order, and the phar-
macist makes a notation of the quantity supplied on the face of the
written prescription order or written record of the emergency elec-
tronic or oral prescription order. The remaining portion of the pre-
scription may be dispensed within 72 hours of the first partial dis-
pensing. If the remaining portion is not dispensed within the 72
hour period, the pharmacist shall so notify the prescribing individ-
ual practitioner. No further quantity may be supplied beyond the
72 hours without a new prescription order.
(3) Prescription orders for schedule II controlled substances
written for patients in long term care facilities (LTCF) or for
patients with a medical diagnosis documenting a terminal illness
may be dispensed in partial quantities to include individual dosage
units. The prescribing practitioner may document a terminal ill-
ness by writing upon the face of the prescription order the phrase
terminal illness or words of similar meaning. If there is any
question whether a patient may be classified as having a terminal
illness, the pharmacist shall contact the prescribing practitioner
prior to partially dispensing the prescription. Documentation of a
terminal illness, whether substantiated by the presence of an
appropriate phrase written upon the face of the prescription order
or through pharmacist contact with the prescribing practitioner,
shall be placed within the individual medication profile record
maintained under s. Phar 7.07. The pharmacist shall record on the
prescription order whether the patient isterminally ill or an
LTCF patient. A prescription order that is partially dispensed
and does not contain the notation terminally ill orLTCF
patient shall be deemed to have been dispensed in violation of
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this section. For each partial dispensing, the dispensing pharma-
cist shall record on the back of the prescription order or on another
appropriate record, uniformly maintained and readily retrievable,
the date of the partial dispensing, quantity dispensed, remaining
quantity authorized to be dispensed and the identification of the
dispensing pharmacist. Subsequent partial dispensing is not per-
mitted under this section if the patient becomes deceased, or is no
longer diagnosed as terminally ill, or no longer resides within an
LTCF. The total quantity of a schedule II controlled substance dis-
pensed by partial dispensing may not exceed the total quantity
prescribed. Prescription orders for schedule II controlled sub-
stances for patients in an LTCF or patients with a medical diagno-
sis documenting a terminal illness shall be valid for a period not
to exceed 60 days from the issue date unless terminated earlier by
the discontinuance of medication.
(4) Information pertaining to current prescription orders for
schedule II controlled substances for patients in an LTCF or for
patients with a medical diagnosis documenting a terminal illness
may be maintained in a computerized system if the system has the
capability to permit:
(a) Display or printout of: the original prescription order desig-
nation; date of issue; identification of prescribing practitioner;
identification of patient; name and address of the LTCF or name
and address of the hospital or residence of the patient; identifica-
tion of medication authorized, including dosage form, strength
and quantity; listing of partial quantities that have been dispensed
under each prescription order and the information required in sub.
(3).
(b) Immediate (real time) updating of the prescription order
record each time there is partial dispensing of the prescription.
(c) Retrieval of partially dispensed schedule II prescription
information identical to that required by s. Phar 7.05 (2) for all pre-
scription renewal information.
History: Cr. Register, January, 1983, No. 325, eff. 2183; r. and recr. Register,
August, 1991, No. 428, eff. 9191; am. (3), (4) (intro.) and (a), r. (5), Register, Sep-
tember, 1994, No. 465, eff. 10194; am. (2), Register, November, 1999, No. 527,
eff. 12199.
Phar 8.08 Labeling prescriptions. (1) The pharmacist
dispensing a prescription containing a controlled substance shall
affix to the immediate container a label showing the date of dis-
pensing; the pharmacy name and address; serial number of the
prescription; full name of the patient; name of the prescribing
practitioner; directions for use; and cautionary statements, con-
tained in the prescription order or required by law.
(2) Practitioners who personally dispense any controlled sub-
stance to patients in the course of their professional practice other
than by prescribing or administering shall conform to ch. Med 17,
standards for dispensing drugs.
1991, No. 428, eff. 9191.
Phar 8.09 Emergency dispensing. (1) For the purpose
of authorizing an electronic or oral prescription order for a sched-
ule II controlled substance, the term emergency means those
situations in which the prescribing practitioner determines that:
(a) Immediate administration of the controlled substance is
necessary for proper treatment of the patient.
(b) No appropriate alternative treatment is available, including
the administration of a drug which is not a schedule II controlled
substance.
(c) It is not reasonably possible for the prescribing practitioner
to provide a written prescription order to be presented to the phar-
macist prior to dispensing.
(2) In an emergency a pharmacist may dispense a controlled
substance listed in schedule II upon receiving electronic or oral
authorization of a practitioner if:
(a) The quantity prescribed and dispensed is limited to the
amount adequate to treat the patient during the emergency period.
(b) The prescription order is immediately reduced to writing
by the pharmacist and contains all information required in s. Phar
8.05, except for the signature of the practitioner.
(3) If the practitioner is not known to the pharmacist, the phar-
macist shall make a reasonable effort to determine that the elec-
tronic or oral authorization came from an authorized practitioner,
which may include a call back to the prescribing practitioner using
the practitioners phone number as listed in the telephone direc-
tory and other good faith efforts to insure the practitioners iden-
tity.
(4) Within 7 days after authorizing an emergency electronic or
oral prescription order, the practitioner shall cause a written order
for the emergency quantity prescribed to be delivered to the dis-
pensing pharmacist. In addition to conforming to the requirements
of s. Phar 8.05, the order shall contain on its face authorization
for emergency dispensing and the date of the electronic or oral
order. The written order may be delivered to the pharmacist in per-
son or by mail, but if delivered by mail it shall be postmarked
within the 7 day period. Upon receipt, the dispensing pharmacist
shall attach this prescription order to the electronic or oral emer-
gency order reduced to writing under sub. (2) (b). The pharmacist
shall notify the board or department of safety and professional ser-
vices if the practitioner fails to deliver the written order. Failure
of the pharmacist to provide notification shall void the authority
conferred by this section to dispense without a written order of a
practitioner.
1991, No. 428, eff. 9191; am. (4), Register, December, 1998, No. 516, eff. 1199;
am. (1) (intro.), (2) (intro.), (3) and (4), Register, November, 1999, No. 527, eff.
12199;correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register Februa-
ry 2012 No. 674.
Phar 8.10 Disclosure of suspicious orders of con-
trolled substances. Manufacturers and distributors of con-
trolled substances shall disclose suspicious orders of controlled
substances. Suspicious orders include, without limitation because
of enumeration, orders of unusual size, orders deviating substan-
tially from a normal pattern and orders of unusual frequency. The
licensee shall notify the regional office of the DEA and the board
of all suspicious orders.
History: Cr. Register, August, 1991, No. 428, eff. 9191.
Phar 8.11 Controlled substances in emergency kits
for long term care facilities. Long term care facilities which
are not registered with the DEA shall meet all of the following
requirements regarding emergency kits containing controlled
substances:
(1) The source of supply must be a DEA registered hospital,
pharmacy or practitioner.
(2) The pharmaceutical services committee of the facility
shall establish security safeguards for each emergency kit stored
in the LTCF which shall include the designation of individuals
who may have access to the emergency kits and a specific limita-
tion of the type and quantity of controlled substances permitted to
be placed in each emergency kit.
(3) A pharmacist shall be responsible for proper control and
accountability for such emergency kits within the LTCF which
includes the requirement that the LTCF and the providing DEA
registered hospital, pharmacy or practitioner maintain complete
and accurate records of the controlled substances placed in the
emergency kits, the disposition of those controlled substances,
plus the requirement to take at least monthly physical inventories.
(4) The pharmaceutical services committee will establish the
emergency medical conditions under which the controlled sub-
stances may be administered to patients in the LTCF which shall
include the requirement that medication be administered by
authorized personnel only as expressly authorized by an individ-
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ual DEA registered practitioner and in compliance with all appli-
cable federal and state laws.
(5) Noncompliance with this rule may result in revocation,
denial or suspension of the privilege of having or placing emer-
gency kits, containing controlled substances, in LTCF.
Phar 8.12 Prescription orders transmitted by fac-
simile machine. (1) PRESCRIPTION DRUGS OTHER THAN SCHED-
ULE II CONTROLLED SUBSTANCES. A pharmacist may dispense a
prescription drug, other than a schedule II controlled substance,
pursuant to a prescription order transmitted by a facsimile
machine from the practitioner or the practitioners agent to the dis-
pensing pharmacy if all of the following conditions are met:
(a) The transmitted facsimile prescription order shall contain
all of the information required for a valid written prescription
order. The order shall also contain the time and date of the trans-
mission, as well as the telephone number and name of the trans-
mitter.
(b) Unless the facsimile paper is nonfading, the facsimile pre-
scription order received shall be duplicated by copy machine or
other similar device and the copy must be physically attached to
the order received.
(2) SCHEDULE II CONTROLLED SUBSTANCES. A pharmacist may
not dispense a schedule II controlled substance pursuant to a pre-
scription order transmitted by a facsimile machine unless all of the
conditions stated in sub. (1) are satisfied, and any of the following
conditions are met:
(a) The prescription order is written for a schedule II controlled
substance to be compounded for the direct administration to a
patient by parenteral, intravenous, intramuscular, subcutaneous
or intraspinal infusion, and is transmitted by the practitioner or the
practitioners agent to the dispensing pharmacy by facsimile.
(b) The prescription order is written for a schedule II con-
trolled substance for a patient who resides in a long term care facil-
ity, or who meets the eligibility requirements for placement in a
long term care facility but elects to reside at home, and is trans-
mitted by the practitioner or the practitioners agent to the dispens-
ing pharmacy by facsimile.
(c) The prescription order is written for a schedule II controlled
substance for a patient enrolled in a hospice certified by medicare
under Title XVIII or licensed by this state, and is transmitted by
the practitioner or the practitioners agent to the dispensing phar-
macy by facsimile.
(3) PRESCRIPTION ORDERS TRANSMITTED BY FACSIMILE CONSID-
ERED WRITTEN ORDERS. For all purposes under chs. 450 and 961,
Stats., and the rules of the board, a prescription order transmitted
by facsimile machine shall be considered the original written pre-
scription order.
History: Cr. Register, December, 1998, No. 516, eff. 1199; CR 09098: am. (2)
(b) Register May 2010 No. 653, eff. 6110.
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Chapter Phar 9
PHARMACEUTICAL SERVICES REQUIREMENTS IN NURSING HOMES
Phar 9.01 Pharmaceutical services requirements in nursing homes.
Phar 9.01 Pharmaceutical services requirements in
nursing homes. Requirements for pharmaceutical services
provided in nursing homes are specified in ch. DHS 132.
History: Cr. Register, January, 1983, No. 325, eff. 2183; correction made under
s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462; correction made under s.
13.93 (2m) (b) 7., Stats., Register, November, 1999, No. 527; correction made
under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.
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Chapter Phar 10
STANDARDS OF PROFESSIONAL CONDUCT
Phar 10.01 Authority.
Phar 10.02 Definitions.
Phar 10.03 Unprofessional conduct.
Phar 10.01 Authority. The rules in this chapter are
adopted pursuant to the authority in ss. 15.08, 227.11 and 450.02,
Stats.
5.01, Register, January, 1983, No. 325, eff. 2183; correction made under s. 13.93
(2m) (b) 7., Stats., Register, July, 1993, No. 451.
Phar 10.02 Definitions. In this chapter:
(1) Dispense has the meaning given in s. 450.01 (7), Stats.
(2) Drug has the meaning given in s. 450.01 (10), Stats.
(3) Patient has the meaning given in s. 450.01 (14), Stats.
History: Cr. Register, January, 1980, No. 289, eff. 2180; renum. from Phar 5.02
and r. (4), Register, January, 1983, No. 325, eff. 2183; am. (1), (2) and (3), Register,
December, 1998, No. 516, eff. 1199.
Phar 10.03 Unprofessional conduct. The following,
without limitation because of enumeration, are violations of stan-
dards of professional conduct and constitute unprofessional con-
duct in addition to those grounds specified under s. 450.10 (1),
Stats.:
(1) Administering, dispensing, supplying or obtaining a drug
other than in legitimate practice, or as prohibited by law;
(2) Engaging in any pharmacy practice which constitutes a
danger to the health, welfare, or safety of patient or public, includ-
ing but not limited to, practicing in a manner which substantially
departs from the standard of care ordinarily exercised by a phar-
macist which harmed or could have harmed a patient;
(3) Dispensing a drug which the pharmacist should have
known would harm the patient for whom the medication was pre-
scribed;
(4) Dispensing or causing to be dispensed a drug which is out-
dated or contaminated or known by the pharmacist to be unsafe for
consumption;
(5) Falsifying patient records;
(6) Disclosing to the public information concerning a patient
without the consent of the patient unless the information is
requested by the pharmacy examining board or the department of
safety and professional services or unless release is otherwise
authorized by law;
(7) Failing to report to the pharmacy examining board any
pharmacy practice which constitutes a danger to the health, safety
or welfare of patient or public;
(7m) Failing to report to the board information that reason-
ably suggests there is a probability that a prescription drug or
device dispensed by a pharmacist has caused or contributed to the
substantial bodily injury or death of a customer or patient.
(8) Providing false information to the pharmacy examining
board or its agent;
(9) Refusing to render professional services to a person
because of race, color, sex, religion, or age;
(10) Aiding or abetting the unlicensed practice of pharmacy;
(11) Advertising in a manner which is false, deceptive or mis-
leading;
(12) Dispensing sample drug products for any financial con-
sideration;
(13) Exercising undue influence on or taking unfair advan-
tage of a patient in the promotion or sale of services, drugs or other
products for the financial gain of the pharmacist or a third party;
(14) Participating in rebate or feesplitting arrangements with
health practitioners or with health care facilities;
(15) Furnishing a prescriber with any prescription order
blanks imprinted with the name of a specific pharmacist or phar-
macy;
(16) Using secret formula or code in connection with pre-
scription orders;
(17) Having a pharmacist license revoked or suspended in
another state or United States jurisdiction or having been subject
to other disciplinary action by the licensing authority thereof;
(18) Violating or attempting to violate any formal disciplinary
order of the board.
(19) Practicing without a current license.
5.03, Register, January, 1983, No. 325, eff. 2183; am. (intro.), r. (1), (2), (7), (13)
and (22), renum. (3) to (6), (8) to (12), (14) to (21) to be (1) to (17), Register, August,
1991, No. 428, eff. 9191; am. (17), cr. (18), Register, July, 1993, No. 451, eff.
8193; cr. (7m) and (19), Register, December, 1998, No. 516, eff. 1199; correc-
tion in (6) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674.
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Chapter Phar 11
PROCEDURE FOR HEARINGS
Phar 11.01 Procedure for disciplinary proceedings.
Phar 11.01 Procedure for disciplinary proceedings.
Procedures for disciplinary proceedings before the board are set
forth in ch. SPS 2.
History: Cr. Register, January, 1983, No. 325, eff. 2183; correction made
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Chapter Phar 12
MANUFACTURER REQUIREMENTS
Phar 12.03 License; application.
Phar 12.04 Inspections.
Phar 12.05 Compliance.
Phar 12.06 Authorized distributors of record.
adopted under authority in ss. 15.08 (5) (b), 227.11 (2) (a) and
450.07 (4), Stats.
(1) Device has the meaning set forth in s. 450.01 (6), Stats.
(2) Drug has the meaning set forth in s. 450.01 (10), Stats.
(3) Establishment means a place of business under one
management at one general physical location.
(4) Manufacturer means a person licensed by the board
under this chapter.
(5) Manufacturing has the meaning set forth in s. 450.01
(13), Stats.
(6) Prescription drug has the meaning set forth in s. 450.01
(20), Stats.
History: Cr. Register, August, 1987, No. 380, eff. 9187; am. (3), Register,
August, 1991, No. 428, eff. 9191.
Phar 12.03 License; application. (1) No person may
engage in the manufacturing of any drug or device in this state
unless a license is granted to the person by the board under this
chapter.
(2) To obtain a license a person shall do all of the following:
(a) Submit an application on a form provided by the board.
(b) Pay the fee specified in s. 440.05 (1), Stats.
(c) Meet the inspection requirement under s. Phar 12.04.
(d) Register with the food and drug administration and comply
with all applicable requirements of 21 CFR 200, 201, 202, 207,
210 and 211.
(e) If applicable, register with the drug enforcement adminis-
tration and comply with all appropriate requirements of 21 CFR
1301, 1302, 1303, 1304, 1305, 1307, 1311 and 1312.
Note: An application form may be obtained from the board office, 1400 East
Washington Avenue, Madison, Wisconsin 53702. Copies of federal applications,
laws and regulations may be obtained from the Food and Drug Administration, 5600
Fischers Lane, Rockville, Maryland 20857 and the Drug Enforcement Administra-
tion, 500 Dirksen Federal Building, 219 Dearborn, Chicago, Illinois 60604.
(3) A manufacturer license may not be transferred from one
establishment to another nor from one person to another. Each
establishment requires a separate license.
(4) If the license is denied, the applicant may request a hearing
before the board on the denial.
(5) The board shall act on the application for a license within
60 business days after receiving the completed application, as pro-
vided in s. SPS 4.03.
History: Cr. Register, August, 1987, No. 380, eff. 9187; am. (2) (intro.), (a), (b),
(c), (d) and (5), Register, December, 1998, No. 516, eff. 1199; CR 00157: am. (2)
(d) and (e) Register May 2002 No. 557, eff. 6102; correction in (5) made under
s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.
Phar 12.04 Inspections. Before a license is granted, an
inspection of the establishment shall be conducted by the board or
its representative to determine if the location meets the standards
in 21 USC 351 and 352 (1984) and 21 CFR 210 and 211 (1985).
Phar 12.05 Compliance. Failure to comply with all appli-
cable federal and state laws and regulations shall be subject to dis-
ciplinary action by the board under s. 450.10, Stats.
Phar 12.06 Authorized distributors of record. A
manufacturer shall maintain and update at least once per month a
list of the manufacturers authorized distributors of record.
History: EmR0815: emerg. cr. eff. 6108; CR 08051: cr. Register November
2008 No. 635, eff. 12108.
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Chapter Phar 13
DISTRIBUTOR REQUIREMENTS
Phar 13.05 License; other requirements.
Phar 13.055 Surety bond, irrevocable letter of credit.
Phar 13.06 License; factors considered.
Phar 13.07 Application review.
Phar 13.08 Personnel.
Phar 13.09 Facility requirements.
Phar 13.10 Security requirements.
Phar 13.11 Storage requirements.
Phar 13.12 Examination of materials requirements.
Phar 13.13 Returned, damaged and outdated prescription drug requirements.
Phar 13.14 Recordkeeping requirements.
Phar 13.15 Written policies and procedures.
Phar 13.16 Responsible persons.
Phar 13.17 Compliance with federal, state and local laws.
Note: Chapter Phar 13 as it existed on July 31, 1992 was repealed and a new chap-
ter Phar 13 was created effective August 1, 1992.
adopted under authority in ss. 15.08 (5) (b), 227.11 (2) (a), 450.02
(3) (a) and 450.07 (4), Stats.
History: Cr. Register, July, 1992, No. 439, eff. 8192.
(1) Blood means whole blood collected from a single donor
and processed either for transfusion or further manufacturing.
(2) Blood component means that part of blood separated by
physical or mechanical means.
(3) Controlled substance has the meaning set forth in s.
961.01 (4), Stats.
(3m) Department means the department of safety and pro-
fessional services.
(4) Device has the meaning set forth in s. 450.01 (6), Stats.
(5) Distribute has the meaning set forth in s. 450.01 (8),
Stats.
(7) Drug sample means a unit of a prescription drug that is
not intended to be sold and is intended to promote the sale of the
drug.
(8) Facility means a location where a wholesale distributor
stores, handles, repackages, or offers for sale prescription drugs.
(9) Manufacturer means a person licensed or approved by
the federal food and drug administration to engage in the
manufacture of drugs or devices, consistent with the definition of
manufacturer under the federal food and drug administrations
regulations and interpreted guidance implementing the federal
prescription drug marketing act.
(10) Prescription drug has the meaning set forth in s. 450.01
(20), Stats.
(11) Wholesale distribution means distribution of a pre-
scription drug to a person other than a consumer or patient, but
does not include any of the following:
(a) Intracompany sales of prescription drugs which include
any transaction or transfer between any division, subsidiary, par-
ent, affiliated or related company under common ownership or
control of a corporate entity or any transaction between colicen-
sees or a colicensed product.
(b) The sale, purchase, distribution, trade, or transfer of a pre-
scription drug or offer to sell, purchase, distribute, trade, or trans-
fer a prescription drug for emergency medical reasons.
(c) The distribution of prescription drug samples, if the dis-
tribution is permitted under 21 CFR 353 (d).
(d) Drug returns, when conducted by a hospital, health care
entity, or charitable institution as provided in 21 CFR 203.23.
(e) Distributions to a practitioner for the purpose of general
dispensing by the practitioner to his or her patients if all of the fol-
lowing apply:
1. The total number of dosage units of all prescription drugs
distributed to practitioners by the pharmacy during each calendar
year in which the pharmacy is licensed does not exceed 5% of the
total number of dosage units of all prescription drugs distributed
and dispensed by the pharmacy during the same calendar year.
2. The total number of dosage units of all controlled sub-
stances distributed to practitioners by the pharmacy during each
calendar year in which the pharmacy is licensed does not exceed
5% of the total number of dosage units of all controlled substances
distributed and dispensed by the pharmacy during the same calen-
dar year.
(f) The sale, purchase, or trade of a drug, an offer to sell, pur-
chase, or trade a drug, or the dispensing of a drug pursuant to a pre-
scription.
(g) The sale, transfer, merger, or consolidation of all or part of
the business of a pharmacy from or with another pharmacy,
whether accomplished as a purchase and sale of stock or business
assets.
(h) The sale, purchase, distribution, trade, or transfer of a pre-
scription drug from one authorized distributor of record to one
additional authorized distributor of record, if the manufacturer
states in writing to the receiving authorized distributor of record
that the manufacturer is unable to supply the drug and the supply-
ing authorized distributor of record states in writing that the drug
has previously been exclusively in the normal distribution chan-
nel.
(i) The delivery of, or offer to deliver, a prescription drug by
a common carrier solely in the common carriers usual course of
business of transporting prescription drugs, if the common carrier
does not store, warehouse, or take legal ownership of the drug.
(j) A transaction excluded from the definition of wholesale
distribution under 21 CFR 203.3 (cc).
(k) The donation or distribution of a prescription drug under
s. 255.056, Stats.
(L) The transfer from a retail pharmacy or pharmacy ware-
house of an expired, damaged, returned, or recalled prescription
drug to the original manufacturer or original wholesale distributor
or to a 3rdparty returns processor or reverse distributor.
(m) The return of a prescription drug, if the return is authorized
by the law of this state.
(12) Wholesale distributor means a person engaged in the
wholesale distribution of prescription drugs, including manufac-
turers; repackagers; ownlabel distributors; privatelabel distrib-
utors; jobbers; brokers; warehouses, including manufacturers
and distributors warehouses; manufacturers exclusive distribu-
tors; manufacturers authorized distributors of record; prescrip-
tion drug wholesalers and distributors; independent wholesale
prescription drug traders; 3rdparty logistics providers; retail
pharmacies that conduct wholesale distribution; and chain phar-
macy warehouses that conduct wholesale distribution.
History: Cr. Register, July, 1992, No. 439, eff. 8192; cr. (11) (f), Register, Feb-
ruary, 1996, No. 482, eff. 3196; am. (3), Register, December, 1998, No. 516, eff.
1199;EmR0815: emerg. cr. (3m), (11) (b) to (d) and (f) to (m), renum. (6) and (11)
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(f) to be (12) and (11) (e) and am. (12), am. (8), (9), (11) (intro.) and (a), r. (11) (b)
to (e), eff. 6108; CR 08051: cr. (3m), (11) (b) to (d) and (f) to (m), renum. (6) and
(11) (f) to be (12) and (11) (e) and am. (12), am. (8), (9), (11) (intro.) and (a), r. (11)
(b) to (e) Register November 2008 No. 635, eff. 12108; correction in (3m) made
Phar 13.05 License; other requirements. In addition
to providing the application information, to obtain a license a per-
son shall:
(1) Pay the fee specified in s. 440.05 (1), Stats.
(2) Pass an inspection of the facility conducted by the board
or its representative in the 3year period immediately preceding
the date of the application by the board, a pharmacy examining
board of another state, the National Association of Boards of Phar-
macy, or another accrediting body recognized by the board, with
the date of each inspection to determine if the location meets stan-
dards specified in ss. Phar 13.08 to 13.11.
(3) Register with the drug enforcement administration, if
intending to distribute controlled substances.
Note: Copies of federal applications may be obtained from the Drug Enforcement
Administration, Suite 500, Dirksen Federal Building, 219 South Dearborn Street,
Chicago, Illinois 60604. Copies of federal statutes and rules may be obtained from
the Superintendent of Documents, Government Printing Office, Washington DC
204029325.
History: Cr. Register, July, 1992, No. 439, eff. 8192; CR 00157: am. (2) Reg-
ister May 2002 No. 557, eff. 6102; EmR0815: emerg. am. (2), eff. 6108; CR
08051: am. (2) Register November 2008 No. 635, eff. 12108.
Phar 13.055 Surety bond, irrevocable letter of
credit. The applicant shall supply a surety bond or irrevocable
letter of credit in the amount of $5,000.00, which is issued by a
company authorized to do business in Wisconsin. The form of the
bond or letter of credit shall be approved by the department and
conditioned so that the state shall be fully compensated or reim-
bursed for, and shall be used to, secure payment of fees or costs
that relate to the issuance of a wholesale distributors license that
have not been paid within 30 days after the fees or costs have
become final. The bond or letter shall be valid for the entire period
of an unexpired license issued to the applicant. No claim may be
made against a bond or other security under this section more than
one year after the date on which the applicants wholesale distrib-
utors license expires.
History: EmR0815: emerg. cr. eff. 6108; CR 08051: cr. Register November
2008 No. 635, eff. 12108.
Phar 13.06 License; factors considered. In determin-
ing eligibility for a distributors license, the board shall consider
the following factors:
(1) Any convictions of the applicant under any federal, state,
or local laws relating to drug samples, wholesale or retail drug or
device distribution, or distribution of controlled substances;
(2) Any felony convictions of the applicant under federal,
state, or local laws, the circumstances of which are substantially
related to the practice of a distributor;
(4) The furnishing by the applicant of false or fraudulent
material in any application made in connection with drug
manufacturing or distribution;
(5) Suspension or revocation by federal, state, or local govern-
ment of any license currently or previously held by the applicant
for the manufacture or distribution of any devices or drugs,
including controlled substances;
(6) Compliance with licensing requirements under previously
granted licenses, if any;
(7) Compliance with the requirements to maintain or make
available to a state licensing authority or to federal, state, or local
law enforcement officials those records required to be maintained
by wholesale drug or device distributors; and
(8) Any other factors or qualifications the board considers
relevant to and consistent with the public health and safety.
History: Cr. Register, July, 1992, No. 439, eff. 8192; EmR0815: emerg. r. (3),
eff. 6108; CR 08051: r. (3) Register November 2008 No. 635, eff. 12108.
Phar 13.07 Application review. The board shall act
upon an application for a license within 60 business days after
receiving the completed application, as provided in s. SPS 4.03.
If the license is denied, the applicant may request a hearing pur-
suant to ch. SPS 1.
History: Cr. Register, July, 1992, No. 439, eff. 8192; am., Register, December,
1998, No. 516, eff. 1199; correction made under s. 13.92 (4) (b) 7., Stats., Regis-
ter November 2011 No. 671.
Phar 13.08 Personnel. A distributor shall employ ade-
quate personnel with the education and experience necessary to
safely and lawfully engage in the wholesale distribution of drugs.
History: Cr. Register, July, 1992, No. 439, eff. 8192; EmR0815: emerg. am. eff.
6108; CR 08051: am. Register November 2008 No. 635, eff. 12108.
Phar 13.09 Facility requirements. All facilities at
which prescription drugs are stored, warehoused, handled, held,
offered, marketed, or displayed shall:
(1) Be of suitable size and construction to facilitate cleaning,
maintenance, and proper operations;
(2) Have storage areas designed to provide adequate lighting,
ventilation, temperature, sanitation, humidity, space, equipment,
and security conditions;
(3) Have a quarantine area for storage of prescription drugs
that are outdated, damaged, deteriorated, misbranded, or adulter-
ated, or that are in immediate or sealed secondary containers that
have been opened;
(4) Be maintained in a clean and orderly condition; and
(5) Be free from infestation by insects, rodents, birds, or ver-
min of any kind.
History: Cr. Register, July, 1992, No. 439, eff. 8192; EmR0815: emerg. am.
(intro.) and (3), eff. 6108; CR 08051: am. (intro.) and (3) Register November
2008 No. 635, eff. 12108.
Phar 13.10 Security requirements. All facilities shall
require that:
(1) Access from outside the premises is kept to a minimum
and be well controlled;
(2) The outside perimeter of the premises is well lighted;
(3) Entry into areas where prescription drugs are held is lim-
ited to authorized personnel;
(4) An alarm system is maintained to detect entry after hours;
and
(5) A security system is maintained that will provide suitable
protection against theft and diversion, including, when appropri-
ate, a system that provides protection against theft or diversion
that is facilitated or hidden by tampering with computers or elec-
tronic records.
History: Cr. Register, July, 1992, No. 439, eff. 8192; EmR0815: emerg. am. (3),
eff. 6108; CR 08051: am. (3) Register November 2008 No. 635, eff. 12108.
Phar 13.11 Storage requirements. (1) All prescription
drugs stored in a facility shall be stored at appropriate tempera-
tures and under appropriate conditions in accordance with
requirements, if any, in the labeling of such products, or with
requirements in the current edition of an official compendium.
(2) If no storage requirements are established for a prescrip-
tion drug, the product may be held at a controlled room tempera-
ture, as defined in an official compendium, to help ensure that its
identity, strength, quality, and purity are not adversely affected.
(3) Appropriate manual, electromechanical, or electronic
temperature and humidity recording equipment, or logs shall be
utilized to document proper storage of prescription drugs.
(4) The recordkeeping requirements in s. Phar 13.14 shall be
followed for all stored drugs.
Phar 13.12 Examination of materials requirements.
(1) Upon receipt by a facility, each outside shipping container
shall be visually examined for identity and to prevent the accept-
ance of contaminated prescription drugs, or prescription drugs
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that are otherwise unfit for distribution. This examination shall be
adequate to reveal container damage that would suggest possible
contamination or other damage to the contents.
(2) Each outgoing shipment from a facility shall be carefully
inspected for identity of the prescription drug and to ensure that
there is no delivery of prescription drugs that have been damaged
in storage or held under improper conditions.
followed for all incoming and outgoing prescription drugs at a
facility.
Phar 13.13 Returned, damaged and outdated pre-
scription drug requirements. (1) Prescription drugs in a
facility that are outdated, damaged, deteriorated, misbranded, or
adulterated shall be quarantined and physically separated from
other prescription drugs until they are destroyed or returned to
their supplier.
(2) Any prescription drugs in a facility whose immediate or
sealed outer or sealed secondary containers have been opened or
used shall be identified as such, and shall be quarantined and
physically separated from other prescription drugs until they are
either destroyed or returned to the supplier.
(3) If the conditions under which a prescription drug has been
returned to a facility cast doubt on the products safety, identity,
strength, quality, or purity, then the product shall be destroyed, or
returned to the supplier, unless examination, testing, or other
investigation proves that the product meets appropriate standards
of safety, identity, strength, quality, and purity. In determining
whether the conditions under which a product has been returned
cast doubt on its safety, identity, strength, quality, or purity, the
distributor shall consider, among other things, the conditions
under which the product has been held, stored, or shipped before
or during its return and the condition of the product and its con-
tainer, carton, or labeling, as a result of storage or shipping.
followed for all outdated, damaged, deteriorated, misbranded, or
adulterated prescription drugs.
Phar 13.14 Recordkeeping requirements. (1) A dis-
tributor shall establish and maintain inventories and records of all
transactions regarding the receipt and distribution or other dis-
position of prescription drugs. These records shall include the fol-
lowing information:
(a) The source of the drugs, including the name and principal
address of the seller or transferor, and the address of the location
from which the drugs were shipped:
(b) The identity and quantity of the drugs received and distrib-
uted or disposed of; and
(c) The dates of receipt and distribution or other disposition of
the drugs.
(2) Inventories and records shall be made available for inspec-
tion and copying by the board, its authorized representatives, and
authorized representatives of federal, state and local law enforce-
ment agencies for a period of 3 years following distribution or
other disposition of the drugs.
(3) Records described in this section that are kept at the
inspection site or that can be immediately retrieved by computer
or other electronic means shall be readily available for authorized
inspection during the retention period. Records kept at a central
location apart from the inspection site and not electronically
retrievable shall be made available for inspection within 2 work-
ing days of a request by the board or its authorized representative.
History: Cr. Register, July, 1992, No. 439, eff. 8192; EmR0815: emerg. am. (1)
and (2), eff. 6108; CR 08051: am. (1) and (2) Register November 2008 No. 635,
eff. 12108.
Phar 13.15 Written policies and procedures. A dis-
tributor shall establish, maintain, and adhere to written policies
and procedures, which shall be followed for the receipt, security,
storage, inventory, and distribution of prescription drugs, includ-
ing policies and procedures for identifying, recording, and report-
ing losses or thefts, and for correcting all errors and inaccuracies
in inventories. A distributor shall include in their written policies
and procedures the following:
(1) A procedure to ensure that the oldest approved stock of a
prescription drug is distributed first. The procedure may permit
deviation from this requirement if the deviation is temporary and
appropriate.
(2) A procedure to be followed for handling recalls and with-
drawals of prescription drugs. The procedure shall be adequate to
deal with recalls and withdrawals due to:
(a) Any action initiated at the request of the food and drug
administration or other federal, state, or local law enforcement or
other governmental agency, including the board;
(b) Any voluntary action by the manufacturer to remove defec-
tive or potentially defective drugs from the market; or
(c) Any action undertaken to promote public health and safety
by the replacing of existing merchandise with an improved prod-
uct or new package design.
(3) A procedure to ensure that a distributor prepares for, pro-
tects against, and handles any crisis that affects security or opera-
tion of any facility in the event of strike, fire, flood, or other natural
disaster, or other situations of local, state, or national emergency.
(4) A procedure to ensure that any outdated prescription drugs
are segregated from other products and either returned to the
manufacturer or destroyed. This procedure shall provide for writ-
ten documentation of the disposition of outdated prescription
drugs. This documentation shall be maintained for 3 years after
disposition of the outdated drugs.
History: Cr. Register, July, 1992, No. 439, eff. 8192; EmR0815: emerg. am.
(intro.), (1), (2) (intro.), (b) and (4), eff. 6108; CR 08051: am. (intro.), (1), (2)
(intro.), (b) and (4) Register November 2008 No. 635, eff. 12108.
Phar 13.16 Responsible persons. A distributor shall
establish and maintain lists of officers, directors, managers, and
the designated representative in charge of wholesale drug dis-
tribution, storage, and handling, including a description of their
duties and a summary of their qualifications.
Phar 13.17 Compliance with federal, state and local
laws. (1) A distributor shall operate in compliance with applica-
ble federal, state, and local laws and regulations. A distributor
shall operate in compliance with any applicable federal electronic
track and trace pedigree system implemented after July 1, 2011,
unless an earlier implementation date is mandated by federal law
which explicitly preempts state law. A distributor that deals in
controlled substances shall register with the drug enforcement
administration.
(2) Failure to comply with applicable federal, state, and local
laws and regulations constitutes unprofessional conduct for pur-
poses of s. 450.10, Stats.
(3) A distributor shall permit the board or its authorized repre-
sentatives and authorized federal, state and local law enforcement
officials to enter and inspect their premises and delivery vehicles,
and to audit their records and written operating procedures, at rea-
sonable times and in a reasonable manner, to the extent authorized
by law. Such officials shall be required to show appropriate identi-
fication prior to being permitted access to a distributors premises
and delivery vehicles.
History: Cr. Register, July, 1992, No. 439, eff. 8192; EmR0815: emerg. am. (1),
eff. 6108; CR 08051: am. (1) Register November 2008 No. 635, eff. 12108.
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Chapter Phar 15
STERILE PHARMACEUTICALS
Phar 15.03 Policy and procedure manual.
Phar 15.04 Physical requirements.
Phar 15.05 Records and reports.
Phar 15.06 Delivery service.
Phar 15.07 Emergency kits.
Phar 15.08 Cytotoxic drugs.
Phar 15.09 Labeling.
Phar 15.10 Patient training.
Phar 15.11 Quality assurance.
adopted pursuant to the authority in ss. 15.08 (5) (b), 227.11 (2)
and 450.02 (3), Stats.
History: Cr. Register, March, 2000, No. 531, eff. 4100.
(1) Aseptic preparation means preparation using proce-
dures designed to preclude contamination of drugs, packaging
equipment or supplies by microorganisms during processing.
(2) Biological safety cabinet means a containment unit suit-
able for preparation of low to moderate risk agents where there
is a need for protection of the product, personnel and environment,
according to national sanitation foundations standard 49.
(3) Class 100 environment means an atmospheric environ-
ment that contains less than 100 particles 0.5 microns in diameter
per cubic foot of air, as described in federal standard 209.
Note: Federal Standard 209 refers to Federal standard 209E: airborne particu-
late cleanliness classes in cleanrooms and clean zones by the Institute of Environ-
mental Sciences published by the Institute of Environmental Sciences in 1992 and
used by the United States General Services Administration as the standard required
for use by federal agencies utilizing clean room controlled environments.
(4) Critical activities means activities that are different from
other activities due to the increased potential opportunity for con-
tamination to occur.
(5) Critical objects means objects that are different from
other objects due to the increased potential opportunity for con-
tamination to occur.
(6) Cytotoxic drug means a pharmaceutical used therapeu-
tically as a toxin to alter biochemical activities of phases of cellu-
lar division which uniquely contribute to normal cell growth.
(7) OSHA means the federal occupational safety and health
administration.
(8) Parenteral means a preparation of drugs for injection
through one or more layers of skin.
(9) Practice of pharmacy has the meaning given in s. 450.01
(16), Stats.
(10) Sterile pharmaceutical means any dosage form devoid
of viable microorganisms, including but not limited to parenterals,
injectables and ophthalmics.
Phar 15.03 Policy and procedure manual. (1) A
pharmacy shall prepare and maintain a policy and procedure
manual for compounding, dispensing, delivery, administration,
storage and use of sterile pharmaceuticals.
(2) The policy and procedure manual shall include a quality
assurance program for the purpose of monitoring personnel quali-
fications, training and performance, product integrity, equipment,
and facilities and include guidelines regarding patient education
and the provision of pharmaceutical services. In addition, the
manual shall include uptodate information on the preparation
of sterile pharmaceuticals.
(3) The policy and procedure manual shall be available to all
personnel and updated annually or as needed to reflect current
practice.
(4) The policy and procedure manual shall be current and
available for inspection by the board or its designee.
Phar 15.04 Physical requirements. (1) A pharmacy
shall have a designated area for preparing sterile pharmaceuticals.
This area shall be a room structurally isolated from other areas,
with entry and access restricted to designated personnel and shall
be designed to avoid unnecessary traffic and airflow disturbances.
The designated area shall only be used for preparation and docu-
mentation of sterile pharmaceuticals. The designated area shall
be of sufficient size to accommodate a laminar airflow hood and
to provide for proper storage of drugs and supplies under appro-
priate conditions of temperature, light, moisture, sanitation, ven-
tilation and security. Additional drug inventory and bulk supplies
shall be stored in an area separate from the designated area for pre-
paring sterile pharmaceuticals.
(2) A pharmacy shall maintain an environment in the desig-
nated area suitable for aseptic preparation of sterile pharmaceuti-
cals and shall have all of the following:
(a) Appropriate environment control devices that are capable
of maintaining at least a class 100 environment during normal
activity in the workplace where critical objects are exposed and
critical activities are performed.
(b) Appropriate disposal containers as required by OSHA in
29 CFR PART 1910 for used needles and syringes, and for dis-
posal of other items in compounding and, if applicable, for cyto-
toxic waste from the preparation of chemotherapy agents and
infectious wastes. This should be disposed of in a timely manner.
(c) Appropriate environmental controls including class II bio-
logical safety cabinetry in pharmacies where cytotoxic drug prod-
ucts are prepared.
(d) Temperaturecontrolled delivery containers as necessary.
(e) For hand washing, a sink with hot and cold running water
in close proximity.
(f) Administration devices as necessary.
(3) A pharmacy shall have sufficient reference materials
related to sterile pharmaceuticals to meet the needs of the phar-
macy staff.
(4) The designated area shall be closed and disinfected at reg-
ular intervals with appropriate agents.
Phar 15.05 Records and reports. (1) Specific records
and reports shall be maintained describing the preparation of ster-
ile pharmaceuticals in the pharmacy. These records and reports
shall include:
(a) Training and competency evaluations of personnel.
(b) Documentation of refrigerator and freezer temperatures.
(c) Certification of laminar airflow hoods.
(2) The following minimum labeling requirements shall be
met for sterile pharmaceuticals prepared for a single patient if the
pharmaceuticals are to be completely administered within 28
hours:
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Phar 15.05 WISCONSIN ADMINISTRATIVE CODE

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(a) The identity of all solutions and ingredients and their corre-
sponding amounts, concentration or volumes on the final prepara-
tion container in such a manner as to allow the locating of prob-
lematic final products.
(b) The identity of personnel involved in preparation.
(c) The date and time of pharmacy preparation where applica-
ble.
(d) The final sterile pharmaceuticals expiration date and stor-
age requirements, where applicable.
Phar 15.06 Delivery service. The pharmacist shall
assure the appropriate environmental control of all products
shipped.
Phar 15.07 Emergency kits. (1) When sterile pharma-
ceuticals are provided to home care patients, the dispensing phar-
macy shall supply the patient or the patients agent with emer-
gency drugs, when authorized by the physician under protocol, if
an emergency situation has been anticipated by either the physi-
cian, nurse or pharmacist.
(2) The dispensing pharmacy shall be responsible for provid-
ing written instructions on the storage and recordkeeping require-
ments for the emergency kit.
Phar 15.08 Cytotoxic drugs. In addition to the minimum
requirements for a pharmacy established by rule of the board, the
following requirements are necessary for those pharmacies that
prepare cytotoxic drugs:
(1) All cytotoxic drugs shall be compounded in a vertical flow,
class II, biological safety cabinet. If nonexposed surfaces
become contaminated with cytotoxic agents, no products other
than cytotoxic drugs may be compounded in this cabinet until
such time as the cabinet is decontaminated utilizing appropriate
techniques to eradicate the contaminant.
(2) Personnel shall be protected by a protective barrier or
apparel which shall include gloves, gowns and other applicable
protective apparel as described in 29 CFR PART 1910 of OSHA
regulations.
(3) Appropriate safety and containment techniques for com-
pounding cytotoxic drugs shall be used in conjunction with the
aseptic techniques required for preparing sterile pharmaceuticals.
(4) Pharmacy disposal and patient and caregiver education
regarding disposal of cytotoxic waste shall comply with all appli-
cable local, state and federal requirements.
(5) Written procedures for the handling of both major and
minor spills of cytotoxic agents shall be developed and shall be
included in the pharmacy policy and procedure manual.
(6) Prepared doses of cytotoxic drugs shall be dispensed,
labeled with proper precautions on the primary and shipping con-
tainer and should be shipped in a manner to minimize the risk of
accidental rupture of the primary container.
Phar 15.09 Labeling. In addition to the labeling require-
ments of s. 450.11 (4), Stats., the following shall also be included
on the labels of sterile pharmaceuticals:
(1) Control or lot number.
(2) Expiration date and time, when applicable.
(3) Appropriate auxiliary labeling, including precautions.
(4) Storage requirements.
(5) Identification of the responsible pharmacist.
Phar 15.10 Patient training. A pharmacist is responsible
for documenting the patients training and competency in manag-
ing the type of therapy provided by the pharmacist to the patient
if administered by the patient or a caregiver. A pharmacist is
responsible for the provision of or supervision of the patient train-
ing process in any area that relates to drug compounding, adminis-
tration, labeling, storage, stability or incompatibility. A pharma-
cist shall be responsible for seeing that the patients competency
in the above areas is reassessed on an ongoing basis.
Phar 15.11 Quality assurance. (1) There shall be a doc-
umented, ongoing quality assurance control program that moni-
tors personnel performance, equipment and facilities. Appropri-
ate samples of finished products shall be examined to assure that
the pharmacy is capable of consistently preparing sterile pharma-
ceuticals meeting specifications.
(2) The area designated for preparing sterile pharmaceuticals
and all horizontal and vertical laminar flow hoods shall be certi-
fied to be operationally efficient and meet the standards of a class
100 environment by an independent contractor. All biological
safety cabinets shall be certified according to national sanitation
foundations standard 49 or manufacturers specifications. Certifi-
cation shall take place before initial use or after relocation and at
least annually. Certification records shall be maintained.
Note: National Sanitation Foundations Standard 49 refers to National Sanita-
tion Foundation standard no 49 for class II (laminar flow) biohazard cabinetry / as
prepared by the NSF Advisory Committee on Biohazard Cabinetry; and recom-
mended for adoption by the NSF Council of Public Health Consultants by the
National Sanitation Foundation (U.S.) published in 1983 by the National Sanitation
Foundation of Ann Arbor, Michigan.
(3) A pharmacy shall have written procedures requiring sam-
pling for microbial contamination through a validation procedure,
simulation of actual aseptic preparation, and by using bacterial
growth medium to culture environmental samples.
(4) If compounding of parenteral solutions is performed using
nonsterile chemicals, extensive endproduct sterility testing
shall be documented. If any parenteral solution fails the testing,
procedures shall be in place to quarantine future products for ste-
rility testing to assure endproduct sterility prior to release of the
products from quarantine. The compounding process shall utilize
components and techniques that assure a sterile and particulate
free product.
(5) A pharmacy shall have written justification of the assigned
expiration date for pharmacy prepared sterile pharmaceuticals.
(6) A pharmacy shall have documentation of quality assur-
ance audits, including infection control and sterile technique
audits at least annually.
(7) A pharmacy shall have procedures to assure consistent
preparation of sterile pharmaceuticals.
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Chapter Phar 16
CONTINUING EDUCATION FOR PHARMACISTS
Phar 16.01 Authority and purpose.
Phar 16.02 Continuing education required; waiver.
Phar 16.03 Acceptable continuing educational programs.
Phar 16.04 Evidence of compliance.
Phar 16.05 Retention requirement.
Phar 16.06 Audit.
Phar 16.01 Authority and purpose. The rules in this
chapter are adopted by the pharmacy examining board pursuant
to the authority delegated by ss. 15.08 (5) (b), 227.11 (2) and
450.02 (2g) (a), Stats.
Phar 16.02 Continuing education required; waiver.
(1) Each pharmacist required to complete the continuing educa-
tion requirement provided under s. 450.085, Stats., shall, at the
time of making application for renewal of a license under s.
450.08 (2) (a), Stats., sign a statement on the application for
renewal certifying that the pharmacist has completed at least 30
hours of acceptable continuing education programs within the
2year period immediately preceding the date of his or her
application for renewal. The 30 hours of continuing education for
pharmacists first applies to applications that are submitted to the
department to renew a license to practice pharmacy that expires
on June 1, 2000. This subsection does not apply to an application
for renewal of a license that expires on the first renewal date after
the date on which the board initially granted the license.
(2) A pharmacist may apply to the board for waiver of the
requirements of this chapter on grounds of exceptional circum-
stances such as prolonged illness, disability or other similar cir-
cumstances that the pharmacist indicates have prevented him or
her from meeting the requirements. The board will consider each
application for waiver individually on its merits.
Phar 16.03 Acceptable continuing educational pro-
grams. The board recognizes only those educational programs
offered by a provider approved by the American council on phar-
maceutical education at the time of the pharmacists attendance,
or other board approved programs.
Note: A list of board approved programs is available from the Department of
Safety and Professional Services, Bureau of Health Professions, 1400 East Washing-
ton Avenue, P.O. Box 8935, Madison, Wisconsin 53708. As of August 9, 1999, the
board has not approved any programs other than programs offered by a provider
approved by the American Council on Pharmaceutical Education.
History: Cr. Register, November, 1999, No. 527, eff. 12199; reprinted to cor-
rect printing error, Register, February, 2000, No. 530.
Phar 16.04 Evidence of compliance. The board
accepts as evidence of compliance with this chapter certification
by a providing institution or organization that a pharmacist has
attended and completed continuing education programs approved
under the provisions of s. Phar 16.03. Certification may be the
original, or verified copies of, documents certifying attendance
and completion.
Phar 16.05 Retention requirement. The pharmacist
shall retain evidence of compliance for 3 years following the
renewal date for the biennium for which 30 hours of credit are
required for renewal of a license.
Note: For example, a pharmacist who renews his or her license on June 1, 2000,
must retain proof of having obtained 30 hours of continuing education in the 2 years
preceding renewal until June 1, 2003.
Phar 16.06 Audit. The board may require any pharmacist
to submit his or her evidence of compliance with the continuing
education requirements to audit compliance.
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Phar 17.07
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Chapter Phar 17
PHARMACY INTERNSHIP
Phar 17.03 Academic internship.
Phar 17.04 Foreign graduate internship.
Phar 17.05 Postgraduate internship.
Phar 17.06 Practical experience internship.
Phar 17.07 Student nonacademic internship.
Phar 17.01 Authority. The rules in this chapter are adopt-
ed pursuant to the authority in ss. 15.08 (5) (b), 227.11 (2), 450.03
(1) (g) and 450.04 (3) (b), Stats.
History: CR 01134: cr. Register July 2002 No. 559, eff. 8102.
(1) Academic internship means a practical experience pro-
gram consisting of the practice of pharmacy sponsored by a pro-
fessional bachelors of science degree in pharmacy or doctor of
pharmacy degree granting institution located in this or another state.
(2) Direct supervision means immediate on premises avail-
ability to continually coordinate, direct and inspect at first hand
the practice of another.
(3) Foreign graduate internship means the practice of phar-
macy by a person who has first filed an application with the board
for original licensure under s. Phar 2.02 and has not graduated
from a professional bachelors of science degree in pharmacy or
doctor of pharmacy degree granting institution located in this or
another state.
(4) Intern means a person engaged in the practice of phar-
macy pursuant to subs. (1), (3), (6) and (8) or s. 450.03 (1) (g),
Stats.
(5) Internship in the practice of pharmacy means the
completion of a minimum of 1500 hours in aggregate in the prac-
tice of pharmacy under subs. (1), (3), (6), (7) or (8).
(6) Postgraduate internship means the practice of pharmacy
by a person who has first filed an application with the board for
original licensure under s. Phar 2.02 and has graduated from a pro-
pharmacy degree granting institution located in this or another
state.
(7) Practical experience internship means practical experi-
ence acquired in another state which is comparable to an intern-
ship as described in subs. (1), (3), (6) and (8).
(8) Student nonacademic internship means the practice of
pharmacy by a person which is not acquired in an academic intern-
ship.
(9) Supervising pharmacist means a pharmacist who super-
vises and is responsible for the actions of an intern in the practice
of pharmacy.
Phar 17.03 Academic internship. A person participat-
ing in an academic internship is not required to register as an intern
with the board. There is no restriction in the number of hours
earned in an academic internship.
Phar 17.04 Foreign graduate internship. (1) Prior to
performing duties as an intern or to receiving credit for hours par-
ticipating in a foreign graduate internship the person must file an
application with the board for original licensure under s. Phar
2.02, and submit evidence satisfactory to the board of having
obtained certification by the foreign pharmacy graduate examina-
tion committee.
(2) A foreign graduate internship is limited to performing
duties constituting the practice of pharmacy under the supervision
of a supervising pharmacist. The supervising pharmacist shall
keep a written record of the hours and location worked by an intern
under his or her supervision, signed by the intern and the supervis-
ing pharmacist. The written record shall be produced to the board
upon request. Prior to performing duties as an intern or to receiv-
ing credit for hours in an internship in the practice of pharmacy
under this section the supervising pharmacist shall be disclosed in
the initial application and any change of a supervising pharmacist
shall be disclosed to the board prior to further performing duties
constituting the practice of pharmacy as an intern.
(4) Upon completing a maximum of 2000 hours of the prac-
tice of pharmacy in a foreign graduate internship, the internship
is terminated and the person shall not further engage in the prac-
tice of pharmacy until obtaining licensure from the board.
History: CR 01134: cr. Register July 2002 No. 559, eff. 8102; CR 06050:
am. (1), (2) and (4), r. (3) and (5) Register October 2006 No. 610, eff. 11106.
Phar 17.05 Postgraduate internship. (1) Prior to per-
forming duties as an intern or to receiving credit for hours partici-
pating in a postgraduate internship, the person must file an ap-
plication with the board for original licensure under s. Phar 2.02 and
submit to the board evidence of having been graduated from a pro-
pharmacy degree granting institution located in this or another state.
(2) A postgraduate internship is limited to performing duties
constituting the practice of pharmacy under the supervision of a
supervising pharmacist. The supervising pharmacist shall keep a
written record of the hours and location worked by an intern under
his or her supervision, signed by the intern and the supervising
pharmacist. The written record shall be produced to the board
upon request.
(3) Upon completing a maximum of 2000 hours of the prac-
tice of pharmacy in a postgraduate internship, the internship is ter-
minated and the person shall not further engage in the practice of
pharmacy until obtaining licensure from the board.
History: CR 01134: cr. Register July 2002 No. 559, eff. 8102; CR 06050:
am. (2) Register October 2006 No. 610, eff. 11106.
Phar 17.06 Practical experience internship. There is
no restriction in the number of hours earned in a practical experi-
ence internship. In determining comparable practical experience
the board shall consider the duties performed constituting the
practice of pharmacy as described in s. 450.01 (16), Stats.
Phar 17.07 Student nonacademic internship.
(1) Prior to performing duties as an intern or to receiving credit
for hours participating in a student nonacademic internship the
person must successfully complete his or her second year in and
be enrolled at a professional bachelors of science degree in phar-
macy or doctor of pharmacy degree granting institution located in
this or another state.
(2) A student nonacademic internship is limited to perform-
ing duties constituting the practice of pharmacy under the direct
supervision of a supervising pharmacist. The supervising phar-
macist shall keep a written record of the hours and location
worked by an intern under his or her direct supervision, signed by
the intern and the supervising pharmacist. The written record
shall be produced to the board upon request.
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Phar 18.04
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Chapter Phar 18
PRESCRIPTION DRUG MONITORING PROGRAM
Phar 18.01 Authority and scope.
Phar 18.03 Drugs that have a substantial potential for abuse.
Phar 18.04 Dispensing data.
Phar 18.05 Electronic submission of dispensing data.
Phar 18.06 Frequency of submissions.
Phar 18.07 Correction of dispensing data.
Phar 18.08 Exemptions from compiling and submitting dispensing data.
Phar 18.09 Direct access to PDMP information.
Phar 18.10 Requests for review.
Phar 18.11 Methods of obtaining PDMP information.
Phar 18.12 Use of PDMP information by the board and department.
Phar 18.13 Confidentiality of PDMP information.
Phar 18.14 Exchange of PDMP information.
Phar 18.01 Authority and scope. The rules in this chap-
ter are adopted under authority in ss. 15.08 (5) (b), 227.11 (2) (a),
961.31, 450.02 (3) (a), and 450.19, Stats., for the purpose of creating
a prescription drug monitoring program to collect and maintain infor-
mation relating to the prescribing and dispensing of prescription
drugs.
History: CR 12009: cr. Register October 2012 No. 682, eff. 1113.
Phar 18.02 Definitions. As used in this chapter:
(1) Access means to have the ability to view PDMP infor-
mation through an account established with the board.
(2) Administer has the meaning given in s. 450.01 (1), Stats.
(3) Animal has the meaning given in s. 453.02 (1m), Stats.
(4) Board has the meaning given in s. 450.01 (2), Stats.
(5) Controlled substance means a drug, substance, analog,
or precursor described in any of the following:
(a) Schedule I, II, III, IV, or V in the federal controlled sub-
stances act, 21 USC 812 (b) (1) to (b) (5) and (c), as changed and
updated by 21 CFR 1308.
(b) Schedule I, II, III, IV, or V in subch. II. of ch. 961, Stats.,
as amended by ch. CSB 2.
(6) Department means the department of safety and profes-
sional services.
(7) Dispense has the meaning given in s. 450.01 (7), Stats.
(8) Dispenser means all of the following:
(a) A pharmacy from where a pharmacist dispenses a moni-
tored prescription drug.
Note: A site of remote dispensing authorized under s. 450.062, Stats., and s. Phar
7.095 is under the supervision of a pharmacy.
(b) A practitioner who dispenses a monitored prescription
drug.
(9) Dispenser delegate means an agent or employee of a dis-
penser to whom the task of inputting or accessing PDMP informa-
tion has been delegated.
(10) Dispensing data means data compiled pursuant to s.
Phar 18.04.
(11) Drug has the meaning given in s. 450.01 (10), Stats.
(12) (a) Monitored prescription drug means all of the fol-
lowing:
1. A controlled substance included in s. 450.19 (1), Stats.
2. A drug identified by the board as having a substantial
potential for abuse in s. Phar 18.03.
(b) Monitored prescription drug does not mean a controlled
substance that by law may be dispensed without a prescription
order.
(13) Patient has the meaning given in s. 450.01 (14), Stats.
(14) Person authorized by the patient means person autho-
rized by the patient in s. 146.81 (5), Stats., and includes persons
with delegated authority under s. 48.979, Stats.
(15) PDMP information means all of the following:
(a) The data compiled and stored by the board from dispensing
data submitted to it by dispensers.
(b) The information created by the board to satisfy the require-
ments in s. Phar 18.12.
(16) Pharmacy means any place of practice licensed by the
board under ss. 450.06 or 450.065, Stats.
(17) Practitioner has the meaning given in s. 450.01 (17),
Stats.
(18) Practitioner delegate means an agent or employee of a
practitioner to whom the practitioner has delegated the task of
accessing PDMP information.
(19) Prescription has the meaning given in s. 450.01 (19),
Stats.
(20) Prescription order has the meaning given in s. 450.01
(21), Stats.
(21) Program means the prescription drug monitoring pro-
gram established under this chapter.
(22) Veterinary dispenser means a dispenser licensed in this
state or licensed in another state and recognized by this state as a
dispenser authorized to dispense monitored prescription drugs
solely to animal patients.
(23) Zero report means a report that indicates that a dis-
penser has not dispensed a monitored prescription drug since the
previous submission of dispensing data or a zero report.
History: CR 12009: cr. Register October 2012 No. 682, eff. 1113; correc-
tion in (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register October 2012 No.
682.
Phar 18.03 Drugs that have a substantial potential
for abuse. Pursuant to s. 450.19 (1), Stats., the board has identified
all of the following drugs as having a substantial potential for abuse:
(1) A controlled substance identified in schedule II, III, IV or
V in the federal controlled substances act, 21 USC 812 (b) (2) to
(b) (5) and (c), as changed and updated by 21 CFR 1308.
(2) A controlled substance identified in schedule IV or V in
subch. II. of ch. 961, Stats., as amended by ch. CSB 2.
(3) Tramadol.
History: CR 12009: cr. Register October 2012 No. 682, eff. 1113; correc-
tion in (2) made under s. 13.92 (4) (b) 7., Stats., Register October 2012 No. 682.
Phar 18.04 Dispensing data. (1) As used in this sec-
tion:
(a) DEA registration number means the registration number
issued to a dispenser or practitioner by the federal department of
justice, drug enforcement administration.
(b) Dispenser identifier means the DEA registration num-
ber, NPI number or unique stateissued credential, permit or
license number issued to a dispenser.
(c) NDC number means national drug code number, the uni-
versal product identifier used in the U.S. to identify a specific drug
product.
(d) NPI number means national provider identifier number,
the registration number issued to a dispenser or practitioner by the
national provider identifier registry.
(e) Practitioner identifier means the DEA registration num-
ber, NPI number or unique stateissued credential, permit or
license number issued to a practitioner.
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38 WISCONSIN ADMINISTRATIVE CODE Phar 18.04
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(2) Subject to s. Phar 18.08, a dispenser shall compile dispens-
ing data that contains information about each time he or she dis-
penses a monitored prescription drug to a patient.
(3) The dispensing data shall contain all of the following
information:
(a) The dispensers full name.
(b) The dispenser identifier.
(c) The date dispensed.
(d) The prescription number, if applicable.
(e) The NDC number or the name and strength of the moni-
tored prescription drug.
(f) The quantity dispensed.
(g) The estimated number of days of drug therapy.
(h) The practitioners full name.
(i) The practitioner identifier.
(j) The date prescribed.
(k) The quantity prescribed.
(L) The patients full name.
(m) The patients address, or if the patient is an animal, the
owner of the patients address, including street address, city, state
and ZIP code.
(n) The patients date of birth, or if the patient is an animal, the
owner of the patients date of birth.
(o) The patients gender.
(4) A dispenser who fails to compile dispensing data as
required by subs. (2) and (3) may be subject to disciplinary action
by the licensing board that issued the license under which the dis-
penser is authorized to dispense monitored prescription drugs.
Phar 18.05 Electronic submission of dispensing
data. (1) A dispenser shall create an account with the board
through which the dispenser shall submit dispensing data to the
board.
Note: The application to create an account may be completed online at
www.dsps.wi.gov or obtained at no charge from the Department of Safety and Profes-
sional Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708.
(2) The dispensing data shall be submitted to the board in
compliance with the data standards in the version and release of
the American Society for Automation in Pharmacy (ASAP)
implementation guide for prescription monitoring programs iden-
tified by the board or other electronic format identified by the
board.
Note: The guide for dispensers which specifies the data standards in the version
and release of the ASAP implementation guide for prescription monitoring programs
identified by the board and other electronic formats identified by the board may be
obtained online at www.dsps.wi.gov or at no charge from the Department of Safety
and Professional Services, 1400 East Washington Avenue, P.O. Box 8935, Madison,
WI 53708.
(3) If a dispenser is not able to create an account or submit dis-
pensing data as required by subs. (1) and (2), the board may grant
a waiver to a dispenser who satisfies all of the following condi-
tions:
(a) The dispenser agrees to begin filing dispensing data on a
paper form identified by the board for each monitored prescription
drug dispensed.
(b) The dispenser files with the board a written application for
a waiver on a form provided by the board.
Note: The application for a waiver may be obtained online at www.dsps.wi.gov
or at no charge from the Department of Safety and Professional Services, 1400 East
Washington Avenue, P.O. Box 8935, Madison, WI 53708.
(4) A dispenser who fails to create an account with the board
and submit dispensing data as required by subs. (1) and (2) or be
granted a waiver under sub. (3) may be subject to disciplinary
action by the licensing board that issued the license under which
the dispenser is authorized to dispense monitored prescription
drugs.
Phar 18.06 Frequency of submissions. (1) A dis-
penser, other than a veterinary dispenser, shall submit dispensing
data to the board within 7 days of dispensing a monitored prescrip-
tion drug.
(2) If a dispenser, other than a veterinary dispenser, does not
dispense a monitored prescription drug for 7 days, the dispenser
shall submit a zero report to the board.
(3) If a dispenser, other than a veterinary dispenser, is not able
to submit dispensing data within 7 days of dispensing a monitored
prescription drug as required by sub. (1), the board may grant an
emergency waiver to a dispenser who satisfies all of the following
conditions:
(a) The dispenser is not able to submit dispensing data because
of circumstances beyond its control.
(b) The dispenser files with the board a written application for
an emergency waiver on a form provided by the board prior to the
required submission of dispensing data.
Note: The application for an emergency waiver may be obtained online at
www.dsps.wi.gov or at no charge from the Department of Safety and Professional
Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708.
(4) A veterinary dispenser shall submit dispensing data to the
board within 90 days of dispensing a monitored prescription drug.
(5) If a veterinary dispenser does not dispense a monitored
prescription drug for 90 days, the veterinary dispenser shall sub-
mit a zero report to the board.
(6) If a veterinary dispenser is not able to submit dispensing
data within 90 days of dispensing a monitored prescription drug
as required by sub. (4), the board may grant an emergency waiver
to a veterinary dispenser who satisfies all of the following condi-
tions:
(a) The veterinary dispenser is not able to submit dispensing
data because of circumstances beyond its control.
(b) The veterinary dispenser files with the board a written
application for an emergency waiver on a form provided by the
board prior to the required submission of dispensing data.
Note: The application for an emergency waiver may be obtained online at
Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708.
(7) Unless otherwise specified by the board, an emergency
waiver granted under subs. (3) or (6) shall only be effective for 7
days.
(8) A dispenser who fails to submit dispensing data or a zero
report as required by subs. (1) and (2), be granted an emergency
waiver under sub. (3), or submits false information to the board
may be subject to disciplinary action by the licensing board that
issued the license under which the dispenser is authorized to dis-
pense monitored prescription drugs.
(9) A veterinary dispenser who fails to submit dispensing data
or a zero report as required by subs. (4) and (5), be granted an
emergency waiver under sub. (6), or submits false information to
the board may be subject to disciplinary action by the licensing
board that issued the license under which the dispenser is autho-
rized to dispense monitored prescription drugs.
Phar 18.07 Correction of dispensing data. If a dis-
penser discovers omissions or inaccuracies in previously sub-
mitted dispensing data or other PDMP information, the dispenser
shall notify the board in writing within 7 days and submit docu-
mentation that identifies the erroneous information and includes
the correct information.
Note: The written notice to the board may be submitted through an account with
the board, sent by electronic mail or sent by U.S. mail to the Department of Safety
and Professional Services, 1400 East Washington Avenue, P.O. Box 8935, Madison,
WI 53708.
Phar 18.08 Exemptions from compiling and submit-
ting dispensing data. (1) The board shall exempt a dispenser
from compiling and submitting dispensing data and from submit-
ting a zero report as required under this chapter until the dispenser
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is required to renew his or her license, or until the dispenser dis-
penses a monitored prescription drug, if the dispenser satisfies all
of the following conditions:
(a) The dispenser provides evidence sufficient to the board that
he or she does not dispense monitored prescription drugs.
(b) The dispenser files with the board a written request for
exemption on a form provided by the board.
Note: The application for an exemption may be obtained online at
Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708. A dis-
penser who is already exempt can renew his or her exemption as part of the licensure
renewal process.
(2) A dispenser is not required to compile or submit dispens-
ing data when the monitored prescription drug is administered
directly to a patient.
Phar 18.09 Direct access to PDMP information.
(1) Dispensers, dispenser delegates, practitioners, and practi-
tioner delegates may access PDMP information in the same or
similar manner, and for the same or similar purposes, as those per-
sons are authorized to access similar confidential patient health
care records under ss. 146.82 and 450.19, Stats., this chapter and
other state or federal laws and regulations relating to the privacy
of patient health care records.
(2) To obtain access to PDMP information, dispensers, dis-
penser delegates, practitioners, and practitioner delegates shall
create an account with the board on a form provided by the board.
Note: The application to create an account may be completed online at
www.dsps.wi.gov or obtained at no charge from the Department of Safety and Profes-
sional Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708.
(3) The board may deny, suspend, revoke or otherwise restrict
or limit a dispensers, dispenser delegates, practitioners, or prac-
titioner delegates direct access to PDMP information for any of
the following reasons:
(a) The dispenser, dispenser delegate, practitioner, or practi-
tioner delegate uses PDMP information in violation of s. 146.82
or 450.19, Stats., this chapter, or other state or federal laws or reg-
ulations relating to the privacy of patient health care records.
(b) The dispenser, dispenser delegate, practitioner, or practi-
tioner delegate is no longer licensed in this state or another state
and recognized by this state as a person authorized to prescribe or
dispense monitored prescription drugs.
(c) The board, other licensing board, or regulatory agency
takes adverse action against the dispenser, dispenser delegate,
practitioner, or practitioner delegate.
(d) A licensing board or equivalent regulatory agency in
another jurisdiction takes adverse action against the dispenser,
dispenser delegate, practitioner, or practitioner delegate.
(e) The federal department of justice, drug enforcement
administration takes adverse action against the dispenser, dis-
penser delegate, practitioner, or practitioner delegate.
(f) The dispenser, dispenser delegate, practitioner, or practi-
tioner delegate is convicted of a crime substantially related to the
prescribing or dispensing of a monitored prescription drug.
(g) The dispenser delegate or practitioner delegate is no longer
delegated the task of inputting or accessing PDMP information.
Phar 18.10 Requests for review. (1) A dispenser, dis-
penser delegate, practitioner, or practitioner delegate may request
that the board review any of the following:
(a) The denial of a waiver requested pursuant to s. Phar 18.05
(3).
(b) The denial of an emergency waiver requested pursuant to
ss. Phar 18.06 (3) or (6).
(c) The denial, suspension, revocation or other restriction or
limitation imposed on the dispensers, dispenser delegates, prac-
titioners, or practitioner delegates account pursuant to s. Phar
18.09 (3).
(2) To request a review, the dispenser, dispenser delegate,
practitioner, or practitioner delegate shall file a written request
with the board within 20 days after the mailing of the notice of the
action in sub. (1). The request shall be in writing and include all
of the following:
(a) The dispensers, dispenser delegates, practitioners, or
practitioner delegates name and address, including street address,
city, state and ZIP code.
(b) The reason for requesting a review.
(3) The board shall conduct the review at its next regularly
scheduled meeting and notify the dispenser, dispenser delegate,
practitioner, or practitioner delegate of the time and place of the
review.
(4) No discovery is permitted.
(5) The board shall preside over the review. The review shall
be recorded by audio tape unless otherwise specified by the board.
(6) The board shall provide the dispenser, dispenser delegate,
practitioner, or practitioner delegate with an opportunity to submit
written documentation, make a personal appearance before the
board and present a statement. The board may establish a time
limit for making a presentation. Unless otherwise determined by
the board, the time for making a personal appearance shall be 20
minutes.
(7) If the dispenser, dispenser delegate, practitioner, or practi-
tioner delegate fails to appear for a review, or withdraws the
request for a review, the board may note the failure to appear in
the minutes and affirm its original decision without further action.
Phar 18.11 Methods of obtaining PDMP informa-
tion. (1) The board shall disclose PDMP information about a
patient to the patient if he or she does all of the following:
(a) Appears in person at the department with two forms of valid
proof of identity, one of which is valid governmentissued photo-
graphic identification.
(b) Makes a request for the PDMP information on a form pro-
vided by the board.
(2) The board shall disclose PDMP information about a
patient to a person authorized by the patient if the person autho-
rized by the patient does all of the following:
(a) Appears in person at the department with two forms of valid
proof of identity, one of which is valid governmentissued photo-
graphic identification.
(b) Provides proof sufficient to the board of the authorization
or delegation from the patient.
(c) Makes a request for the PDMP information on a form pro-
vided by the board.
(3) The board shall disclose the minimum amount of PDMP
information necessary to designated staff of a relevant agency in
another state in the same or similar manner, and for the same or
similar purposes, as those persons are authorized to access similar
confidential patient health care records under ss. 146.82 and
450.19, Stats., this chapter, and other state or federal laws and reg-
ulations relating to the privacy of patient health care records if the
designated staff does all of the following:
(a) Creates an account with the board on a form provided by
the board.
(b) Provides proof sufficient to the board that the relevant
agency in another state is entitled to the information under ss.
146.82 and 450.19 (2) (c), Stats.
(c) Makes a request for the PDMP information through its
account with the board.
information necessary to a health care facility staff committee, or
accreditation or health care services review organization in the
same or similar manner, and for the same or similar purposes, as
those persons are authorized to access similar confidential patient
health care records under ss. 146.82 and 450.19, Stats., this chap-
124
40 WISCONSIN ADMINISTRATIVE CODE Phar 18.11
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ter, and other state or federal laws and regulations relating to the
privacy of patient health care records if the designated staff does
the board.
(b) Provides proof sufficient to the board that the health care
facility staff committee, or accreditation or health care services
review organization is entitled to the information under s. 146.82
(2) (a) 1., Stats.
information necessary to designated staff of a federal or state gov-
ernmental agency in the same or similar manner, and for the same
or similar purposes, as those persons are authorized to access simi-
lar confidential patient health care records under ss. 146.82 and
designated staff does all of the following:
the board.
(b) Provides proof sufficient to the board that the federal or
state governmental agency is entitled to the information under s.
146.82 (2) (a) 5., Stats.
information necessary to designated staff of the department who
is charged with investigating dispensers, dispenser delegates,
practitioners, and practitioner delegates in the same or similar
manner, and for the same or similar purposes, as those persons are
authorized to access similar confidential patient health care
records under ss. 146.82 and 450.19, Stats., this chapter, and other
state or federal laws and regulations relating to the privacy of
patient health care records if the designated staff does all of the
following:
the board.
(b) Provides proof sufficient to the board that the department
is entitled to the information under s. 146.82 (2) (a) 5., Stats.
information necessary to a prisoners health care provider, the
medical staff of a prison or jail in which a prisoner is confined, the
receiving institution intake staff at a prison or jail to which a pris-
oner is being transferred or a person designated by a jailer to main-
tain prisoner medical records or designated staff of the department
of corrections in the same or similar manner, and for the same or
similar purposes, as those persons are authorized to access similar
confidential patient health care records under ss. 146.82 and
person does all of the following:
the board.
(b) Provides proof sufficient to the board that the person is
entitled to the information under s. 146.82 (2) (a) 21., Stats.
information necessary to a coroner, deputy coroner, medical
examiner, or medical examiners assistant following the death of
a patient in the same or similar manner, and for the same or similar
purposes, as those persons are authorized to access similar confi-
dential patient health care records under ss. 146.82 and 450.19,
Stats., this chapter, and other state or federal laws and regulations
relating to the privacy of patient health care records if the person
does all of the following:
the board.
entitled to the information under s. 146.82 (2) (a) 18., Stats.
information necessary to a researcher in the same or similar man-
ner, and for the same or similar purposes, as those persons are
authorized to access similar confidential patient health care
records under ss. 146.82 and 450.19, Stats., this chapter, and other
state or federal laws and regulations relating to the privacy of
patient health care records if the person does all of the following:
the board.
entitled to the information under s. 146.82 (2) (a) 6. or 20., Stats.
information to designated staff of a law enforcement authority in
the same or similar manner, and for the same or similar purposes,
as those persons are authorized to access similar confidential
patient health care records under ss. 146.82 and 450.19, Stats., this
chapter, and other state or federal laws and regulations relating to
the privacy of patient health care records if the designated staff
does all of the following:
the board.
(b) Provides a lawful order of a court of record under s. 146.82
(2) (a) 4., Stats., or provides evidence satisfactory to the board that
the law enforcement agency is entitled to the information under
s. 146.82 (2) (a) 11., Stats.
(c) Makes a request for PDMP information through its account
with the board.
Note: The application to create an account and form to request PDMP information
may be completed online at www.dsps.wi.gov or obtained at no charge from the
Department of Safety and Professional Services, 1400 East Washington Avenue, P.O.
Box 8935, Madison, WI 53708.
Phar 18.12 Use of PDMP information by the board
and department. (1) The board shall develop and maintain a
PDMP database to store PDMP information.
(2) The PDMP database shall store PDMP information in an
encrypted format.
(3) The board shall maintain a log of persons to whom the
board grants access to PDMP information.
(4) The board shall maintain a log of information submitted
and accessed by each dispenser, dispenser delegate, practitioner,
and practitioner delegate.
(5) The board shall maintain a log of requests for PDMP infor-
mation.
(6) Board and department staff assigned administrative duties
over the PDMP, vendors, and other agents of the board shall only
have access to the minimum amount of PDMP information neces-
sary for all of the following purposes:
(a) The design, implementation, operation, and maintenance
of the program, including the PDMP database, as part of the
assigned duties and responsibilities of their employment.
(b) The collection of dispensing data as part of the assigned
duties and responsibilities under s. 450.19, Stats., and this chapter.
(c) Evaluating and responding to legitimate requests for
PDMP information.
(d) Other legally authorized purposes.
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Phar 18.13 Confidentiality of PDMP information.
(1) The PDMP information maintained by the board, department
or a vendor contracting with the department which is submitted to,
maintained, or stored as a part of the program is not subject to
inspection or copying under s. 19.35, Stats.
(2) A person who discloses PDMP information in violation of
s. 146.82 or 450.19, Stats., this chapter, or other state or federal
laws or regulations relating to the privacy of patient health care
records, may be subject to disciplinary action by the licensing
board that issued the license under which the person is authorized
to prescribe or dispense monitored prescription drugs and all
appropriate civil and criminal penalties.
Phar 18.14 Exchange of PDMP information. (1) The
board may exchange PDMP information with a prescription
monitoring program operated by a relevant agency in another
jurisdiction if the prescription monitoring program satisfies all of
the following conditions:
(a) The prescription monitoring program is compatible with
the program.
(b) The relevant agency operating the prescription monitoring
program agrees to exchange similar information with the pro-
gram.
(2) In determining the compatibility of a prescription moni-
toring program to the program, the board may consider any of the
following:
(a) The safeguards for privacy of patient records and the pre-
scription monitoring programs success in protecting patient pri-
vacy.
(b) The persons authorized to access the information stored by
the prescription monitoring program.
(c) The schedules of controlled substances monitored by the
prescription monitoring program.
(d) The information required by the agency to be submitted
regarding the dispensing of a prescription drug.
(e) The costs and benefits to the board of sharing information.
(3) The board may assess a prescription monitoring programs
continued compatibility with the program at any time.
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21 Med 10.02 MEDICAL EXAMINING BOARD
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Chapter Med 10
UNPROFESSIONAL CONDUCT
Med 10.01 Authority and purpose. Med 10.02 Definitions.
Note: Chapter Med 16 as it existed on October 31, 1976 was repealed and a new
Chapter Med 10 was created effective November 1, 1976.
Med 10.01 Authority and purpose. The definitions of
this chapter are adopted by the medical examining board pursuant
to the authority delegated by ss. 15.08 (5) 227.11, and 448.40,
Stats., for the purposes of ch. 448, Stats.
History: Cr. Register, October, 1976, No. 250, eff. 11176; correction made
under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401.
Med 10.02 Definitions. (1) For the purposes of these
rules:
(a) Board means the medical examining board.
(b) License means any license, permit, certificate, or regis-
tration issued by the board.
(2) The term unprofessional conduct is defined to mean and
include but not be limited to the following, or aiding or abetting
the same:
(a) Violating or attempting to violate any provision or term of
ch. 448, Stats., or of any valid rule of the board.
(b) Violating or attempting to violate any term, provision, or
condition of any order of the board.
(c) Knowingly making or presenting or causing to be made or
presented any false, fraudulent, or forged statement, writing, cer-
tificate, diploma, or other thing in connection with any application
for license.
(d) Practicing fraud, forgery, deception, collusion, or conspir-
acy in connection with any examination for license.
(e) Giving, selling, buying, bartering, or attempting to give,
sell, buy, or barter any license.
(f) Engaging or attempting to engage in practice under any
license under any given name or surname other than that under
which originally licensed or registered to practice in this or any
other state. This subsection does not apply to change of name
resulting from marriage, divorce, or order by a court of record.
(g) Engaging or attempting to engage in the unlawful practice
of medicine and surgery or treating the sick.
(h) Any practice or conduct which tends to constitute a danger
to the health, welfare, or safety of patient or public.
(i) Practicing or attempting to practice under any license when
unable to do so with reasonable skill and safety to patients.
(j) Practicing or attempting to practice under any license
beyond the scope of that license.
(k) Offering, undertaking, or agreeing to treat or cure a disease
or condition by a secret means, method, device, or instrumental-
ity; or refusing to divulge to the board upon demand the means,
method, device, or instrumentality used in the treatment of a dis-
ease or condition.
(L) Representing that a manifestly incurable disease or condi-
tion can be or will be permanently cured; or that a curable disease
or condition can be cured within a stated time, if such is not the
fact.
(m) Knowingly making any false statement, written or oral, in
practicing under any license, with fraudulent intent; or obtaining
or attempting to obtain any professional fee or compensation of
any form by fraud or deceit.
(n) Willfully divulging a privileged communication or confi-
dence entrusted by a patient or deficiencies in the character of
patients observed in the course of professional attendance, unless
lawfully required to do so.
(o) Engaging in uninvited, inperson solicitation of actual or
potential patients who, because of their particular circumstances,
are vulnerable to undue influence; or engaging in false, mislead-
ing or deceptive advertising.
(p) Administering, dispensing, prescribing, supplying, or
obtaining controlled substances as defined in s. 961.01 (4), Stats.,
otherwise than in the course of legitimate professional practice, or
as otherwise prohibited by law.
(q) Having a license, certificate, permit, registration, or other
practice credential granted by another state or by any agency of
the federal government to practice medicine and surgery or treat
the sick, which becomes limited, restricted, suspended, or
revoked, or having been subject to other adverse action by the
state licensing authority or by any agency of the federal govern-
ment, including but not limited to the denial or limitation of an
original credential, or the surrender of a credential, whether or not
accompanied by findings of negligence or unprofessional con-
duct.
(r) Conviction of any crime which may relate to practice under
any license, or of violation of any federal or state law regulating
the possession, distribution, or use of controlled substances as
defined in s. 961.01 (4), Stats. A certified copy of a judgment of
a court of record showing such conviction, within this state or
without, shall be presumptive evidence thereof.
(s) Prescribing, ordering, dispensing, administering, supply-
ing, selling, or giving any amphetamine or sympathomimetic
amine drug designated as a schedule II controlled substance to or
for any person except for any of the following:
1. Use as an adjunct to opioid analgesic compounds for treat-
ment of cancerrelated pain,
2. Treatment of narcolepsy,
3. Treatment of hyperkinesis,
4. Treatment of drug induced brain dysfunction,
5. Treatment of epilepsy,
6. Differential diagnostic psychiatric evaluation of depres-
sion,
7. Treatment of depression shown to be refractory to other
therapeutic modalities,
8. Clinical investigation of the effects of such drugs or com-
pounds in which case an investigative protocol therefore shall
have been submitted to and reviewed and approved by the board
before such investigation has been begun.
(t) Aiding or abetting the unlicensed practice of medicine or
representing that unlicensed persons practicing under supervi-
sion, including unlicensed M.D.s and D.Os, are licensed, by fail-
ing to identify the individuals clearly as unlicensed physicians or
delegates.
(u) Failure to inform a patient about the availability of all alter-
nate, viable medical modes of treatment and about the benefits
and risks of these treatments, including the benefits and risks asso-
ciated with the use of extended wear contact lenses.
(w) Use in advertising of the term board certified or a similar
phrase of like meaning unless in fact so certified and unless disclo-
sure is made of the complete name of the speciality board which
conferred the certification.
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22 Med 10.02 WISCONSIN ADMINISTRATIVE CODE
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(x) Prescribing, ordering, dispensing, administering, supply-
ing, selling or giving any anabolic steroid for the purposes of
enhancing athletic performance or for other nonmedical purposes.
(z) Violating or aiding and abetting the violation of any law or
administrative rule or regulation the circumstances of which sub-
stantially relate to the circumstances of the practice of medicine.
(za) Failure by a physician or physician assistant to maintain
patient health care records consistent with the requirements of ch.
Med 21.
(zb) Prescribing, ordering, dispensing, administering, supply-
ing, selling or giving any anorectic drug designated as a schedule
III, IV or V controlled substance for the purpose of weight reduc-
tion or control in the treatment of obesity unless each of the fol-
lowing conditions is met:
1. The patients body mass index, weight in kilograms
divided by height in meters squared, is greater than 25.
2. A comprehensive history, physical examination, and inter-
preted electrocardiogram are performed and recorded at the time
of initiation of treatment for obesity by the prescribing physician.
3. A diet and exercise program for weight loss is prescribed
and recorded.
4. The patient is weighed at least once a month, at which time
a recording is made of blood pressure, pulse, and any other tests
as may be necessary for monitoring potential adverse effects of
drug therapy.
5. No more than a 30day supply of drugs is prescribed or dis-
pensed at any one time.
6. No drugs are prescribed or dispensed for more than 90 days
unless all of the following occur:
a. The patient has a recorded weight loss of at least 12 pounds
in the first 90 days of therapy.
b. The patient has continued progress toward achieving or
maintaining a target weight.
c. The patient has no significant adverse effects from the pre-
scribed program.
7. Any variance from the foregoing requirements is justified
by documentation in the patients record.
(zc) After a request by the board, failing to cooperate in a
timely manner with the boards investigation of a complaint filed
against the credential holder. There is a rebuttable presumption
that a credential holder who takes longer than 30 days to respond
to a request of the board has not acted in a timely manner.
(zd) Engaging in inappropriate sexual contact, exposure, grati-
fication, or other sexual behavior with or in the presence of a
patient. For the purposes of this subsection, an adult receiving
treatment shall continue to be a patient for 2 years after the ter-
mination of professional services. If the person receiving treat-
ment is a minor, the person shall continue to be a patient for the
purposes of this subsection for 2 years after termination of ser-
vices, or for 2 years after the patient reaches the age of majority,
whichever is longer.
History: Cr. Register, October, 1976, No. 250, eff. 11176; cr. (2)(s), Register,
October, 1977, No. 262, eff. 11177; am. (2) (m), Register, April, 1978, No. 268,
eff. 5178; am. (2) (s), Register, May, 1978, No. 269, eff. 6178; reprinted to cor-
rect History note, Register, June, 1980, No. 294; r. and recr. (2) (o), cr. (2) (t), Register,
September, 1985, No. 357, eff. 10185; cr. (2) (u), Register, April, 1987, No. 376,
eff. 5187; cr. (2) (v), Register, January, 1988, No. 385, eff. 2188; am. (2) (s), Reg-
ister, March, 1990, No. 411, eff. 3190; cr. (2) (x), Register, September, 1990, No.
417, eff. 10190; cr. (2) (w), Register, October, 1990, No. 418, eff. 11190; am.
(2) (q), Register, August, 1992, No. 440, eff. 9192; cr. (2) (y), Register, September,
1992, No. 441, eff. 10192; cr. (2) (z), Register, May, 1995, No. 473, eff. 6195;
cr. (2) (za), Register, April, 1996, No. 484, eff. 5196; am. (2) (q), Register, Septem-
ber, 1996, No. 489, eff. 10196; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, February, 1997, No. 494; cr. (2) (zb), Register, May, 1998, No. 509, eff.
6198; r. (2) (v) and (y), am. (2) (za), Register, December, 1999, No. 528, eff.
1100; CR 01031: am. (2) (s) (intro.) and (zb) (intro.), Register October 2001 No.
550, eff. 11101; CR 02008: cr. (2) (zc), CR 02055: cr. (2) (zd), Register
November 2002 No. 563, eff. 12102.
128
31 Med 17.06 MEDICAL EXAMINING BOARD
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Register, December, 1999, No. 528
Chapter Med 17
STANDARDS FOR DISPENSING AND PRESCRIBING DRUGS
Med 17.01 Authority and purpose.
Med 17.02 Definitions.
Med 17.03 Packaging.
Med 17.04 Labeling.
Med 17.05 Recordkeeping.
Med 17.06 Prescription orders by nurses and ancillary health care personnel.
Med 17.01 Authority and purpose. (1) The rules in this
chapter are adopted pursuant to authority in ss. 15.08 (5) (b),
227.11 and ch. 448, Stats.
(2) The rules in this chapter are adopted to specify standards
practitioners shall follow in dispensing prescription drugs for the
protection of the public.
History: Cr. Register, September, 1982, No. 321, eff. 10182; correction in (1)
made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401.
Med 17.02 Definitions. (1) Controlled substance has
the meaning under s. 961.01 (4), Stats.
(2) Practitioner means a person holding a license to practice
medicine and surgery.
(3) Prescription drug has the meaning under s. 450.01 (20),
Stats.
made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401; correction in
(1) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1997, No. 494; am.
(2), Register, December, 1999, No. 528, eff. 1100.
Med 17.03 Packaging. A prescription drug dispensed by
a practitioner shall be dispensed in a childresistant container if
it is a substance requiring special packaging under 16 CFR
1700.14 (1982) of the federal poison prevention packaging act.
History: Cr. Register, September, 1982, No. 321, eff. 10182.
Med 17.04 Labeling. (1) A prescription drug dispensed
by a practitioner shall contain a legible label affixed to the imme-
diate container disclosing:
(a) The name and address of the facility from which the pre-
scribed drug is dispensed;
(b) The date on which the prescription is dispensed;
(c) The name of the practitioner who prescribed the drug or
device;
(d) The full name of the patient;
(e) The generic name and strength of the prescription drug dis-
pensed unless the prescribing practitioner requests omission of
the name and strength of the drug dispensed; and,
(f) Directions for use of the prescribed drug and cautionary
statements, if any, contained in the prescription or required by law.
(2) NONAPPLICATION OF LABELING REQUIREMENTS. The label-
ing requirement specified in sub. (1) does not apply to compli-
mentary samples dispensed by a practitioner in original containers
or packaging supplied to the practitioner by a pharmaceutical
manufacturer or distributor.
History: Cr. Register, September, 1982, No. 321, eff. 10182.
Med 17.05 Recordkeeping. (1) PRESCRIPTION DRUGS.
(a) A practitioner shall maintain complete and accurate records
of each prescription drug received, dispensed or disposed of in
any other manner.
(b) All prescription drugs dispensed by a practitioner shall be
recorded in the patient record.
(2) CONTROLLED SUBSTANCES. (a) Records required by the
federal controlled substances act and ch. 961, Stats., shall be
maintained at the location where the drug is received, distributed
or dispensed and be available for inspection by authorized persons
for at least 5 years from the date of such record.
(b) Controlled substances dispensed by a practitioner shall be
recorded as follows:
1. As provided in this section; and
2. On a separate log, in a separate bound log book in which
each schedule of controlled substances dispensed is recorded sep-
arately and in chronological order with the following information:
a. The name of the substance.
b. Dosage form and strength of the substance.
c. Name and address of the person for whom dispensed.
d. Date of dispensing.
e. Quantity dispensed.
f. Name or initials of practitioner who dispensed the sub-
stance.
(a) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1997, No. 494.
Med 17.06 Prescription orders by nurses and ancil-
lary health care personnel. Prescription orders prepared by
professional nurses and ancillary health care personnel, as dele-
gated and supervised by a practitioner under s. 448.03 (2) (e),
Stats., shall contain in addition to other information required by
this chapter, the name, address and telephone number of the dele-
gating practitioner and the name, address and signature of the per-
son preparing the prescription order.
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19 N 8.04 BOARD OF NURSING
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Register June 2006 No. 606
Chapter N 8
CERTIFICATION OF ADVANCED PRACTICE NURSE PRESCRIBERS
N 8.01 Authority and intent.
N 8.02 Definitions.
N 8.03 Qualifications for certification as an advanced practice nurse prescriber.
N 8.04 Application procedure.
N 8.05 Continuing education.
N 8.06 Prescribing limitations.
N 8.07 Prescription orders.
N 8.08 Malpractice insurance coverage.
N 8.09 Dispensing.
N 8.10 Case management and collaboration with other health care professionals.
N 8.01 Authority and intent. (1) The rules in this chap-
ter are adopted pursuant to authority of ss. 15.08 (5) (b), 227.11
(2) and 441.16, Stats., and interpret s. 441.16, Stats.
(2) The intent of the board of nursing in adopting rules in this
chapter is to specify education, training or experience that a regis-
tered nurse must satisfy to call himself or herself an advanced
practice nurse; to establish appropriate education, training and
examination requirements that an advanced practice nurse must
satisfy to qualify for a certificate to issue prescription orders; to
define the scope of practice within which an advanced practice
nurse prescriber may issue prescription orders; to specify the
classes of drugs, individual drugs or devices that may not be pre-
scribed by an advanced practice nurse prescriber; to specify the
conditions to be met for a registered nurse to administer a drug
prescribed or directed by an advanced practice nurse prescriber;
to establish procedures for maintaining a certificate to issue pre-
scription orders, including requirements for continuing educa-
tion; and to establish the minimum amount of malpractice insur-
ance required of an advanced practice nurse prescriber.
History: Cr. Register, February, 1995, No. 470, eff. 3195.
N 8.02 Definitions. As used in this chapter:
(1) Advanced practice nurse means a registered nurse who
possesses the following qualifications:
(a) The registered nurse has a current license to practice pro-
fessional nursing in this state, or has a current license to practice
professional nursing in another state which has adopted the nurse
licensure compact;
(b) The registered nurse is currently certified by a national cer-
tifying body approved by the board as a nurse practitioner, certi-
fied nursemidwife, certified registered nurse anesthetist or clini-
cal nurse specialist; and,
(c) For applicants who receive national certification as a nurse
practitioner, certified nursemidwife, certified registered nurse
anesthetist or clinical nurse specialist after July 1, 1998, the regis-
tered nurse holds a masters degree in nursing or a related health
field granted by a college or university accredited by a regional
accrediting agency approved by the board of education in the state
in which the college or university is located.
(2) Advanced practice nurse prescriber means an advanced
practice nurse who has been granted a certificate to issue prescrip-
tion orders under s. 441.16 (2), Stats.
(3) Board means the board of nursing.
(4) Clinical pharmacology/therapeutics means the identifi-
cation of individual and classes of drugs, their indications and
contraindications, their likelihood of success, their sideeffects
and their interactions, as well as, clinical judgment skills and
decisionmaking, based on thorough interviewing, historytak-
ing, physical assessment, test selection and interpretation, patho-
physiology, epidemiology, diagnostic reasoning, differentiation
of conditions, treatment decisions, case evaluation and nonphar-
macologic interventions.
(5) Collaboration means a process which involves 2 or
more health care professionals working together, in each others
presence when necessary, each contributing ones respective area
of expertise to provide more comprehensive care than one alone
can offer.
(6) Health care professional has the meaning given under
s. 180.1901 (1m), Stats.
(6m) One contact hour means a period of attendance in a
continuing education program of at least 50 minutes.
(7) Patient health care record has the meaning given under
s. 146.81 (4), Stats.
History: Cr. Register, February, 1995, No. 470, eff. 3195; CR 00168: cr. (6m),
Register August 2001 No. 548, eff. 9101; CR 01046: am. (1) (a), Register October
2001 No. 550, eff. 11101.
N 8.03 Qualifications for certification as an
advanced practice nurse prescriber. An applicant for ini-
tial certification to issue prescription orders shall be granted a cer-
tificate by the board if the applicant complies with all of the fol-
lowing:
(1) Has a current license to practice as a professional nurse in
this state or has a current license to practice professional nursing
in another state which has adopted the nurse licensure compact.
(2) Is currently certified by a national certifying body
approved by the board as a nurse practitioner, certified nurse
midwife, certified registered nurse anesthetist or clinical nurse
specialist.
(3) For applicants who receive national certification as a nurse
anesthetist or clinical nurse specialist after July 1, 1998, holds a
masters degree in nursing or a related health field granted by a
college or university accredited by a regional accrediting agency
approved by the state board of education in the state in which the
college or university is located.
(4) Has completed at least 45 contact hours in clinical phar-
macology/therapeutics within 3 years preceding the application
for a certificate to issue prescription orders.
(5) Has passed a jurisprudence examination for advanced
practice nurse prescribers.
History: Cr. Register, February, 1995, No. 470, eff. 3195; CR 01046: am. (1),
Register October 2001 No. 550, eff. 11101.
N 8.04 Application procedure. An applicant for a certif-
icate to practice as an advanced practice nurse prescriber shall file
a completed notarized application on a form provided by the
board. The application shall include:
(1) The signature of the applicant.
(2) The fee specified under s. 440.05 (1), Stats.
(3) Evidence of current certification by a national certifying
body approved by the board as a nurse practitioner, certified
nursemidwife, certified registered nurse anesthetist or clinical
nurse specialist.
(4) For applicants who receive national certification as a nurse
anesthetist or clinical nurse specialist after July 1, 1998, certifica-
tion of the grant of a masters degree in nursing or a related health
field from, and submitted directly to the board by a college or uni-
versity accredited by a regional accrediting agency approved by
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20 WISCONSIN ADMINISTRATIVE CODE N 8.04
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the state board of education in the state in which the college or uni-
versity is located.
(5) Satisfactory evidence of completion of at least 45 contact
hours in clinical pharmacology/therapeutics within 3 years pre-
ceding the application for a certificate.
Note: Application forms are available on request to the Board of Nursing, 1400
East Washington Avenue, P.O. Box 8935, Madison, WI 53708.
N 8.05 Continuing education. (1) Every advanced
practice nurse prescriber shall submit to the board evidence of
having completed an average of at least 8 contact hours per year
in clinical pharmacology/therapeutics relevant to the advanced
practice nurse prescribers area of practice.
(2) Evidence of completion of continuing education meeting
the requirements of sub. (1) shall be submitted to the board on a
schedule consistent with the schedule for submission of evidence
of continuing education hours established by the advanced prac-
tice nurse prescribers national certifying body.
(3) Every advanced practice nurse prescriber shall retain for
a minimum period of 4 years, and shall make available to the
board or its agent upon request, certificates of attendance issued
by the program sponsor for all continuing education programs for
which he or she claims credit for purposes of renewal of his or her
certificate.
History: Cr. Register, February, 1995, No. 470, eff. 3195; CR 00168: cr. (3),
Register August 2001 No. 548, eff. 9101.
N 8.06 Prescribing limitations. The advanced practice
nurse prescriber:
(1) May issue only those prescription orders appropriate to the
advanced practice nurse prescribers areas of competence, as
established by his or her education, training or experience.
(2) May not issue a prescription order for any schedule I con-
trolled substance.
(3) May not prescribe, dispense or administer any ampheta-
mine, sympathomimetic amine drug or compound designated as
a schedule II controlled substance pursuant to the provisions of s.
961.16 (5), Stats., to or for any person except for any of the follow-
ing:
(a) Use as an adjunct to opioid analgesic compounds for the
treatment of cancerrelated pain.
(b) Treatment of narcolepsy.
(c) Treatment of hyperkinesis.
(d) Treatment of druginduced brain dysfunction.
(e) Treatment of epilepsy.
(f) Treatment of depression shown to be refractory to other
therapeutic modalities.
(4) May not prescribe, order, dispense or administer any ana-
bolic steroid for the purpose of enhancing athletic performance or
for other nonmedical purpose.
(5) Shall, in prescribing or ordering a drug for administration
by a registered nurse or licensed practical nurse under s. 441.16
(3) (cm), Stats., present evidence to the nurse and to the adminis-
tration of the facility where the prescription or order is to be car-
ried out that the advanced practice nurse prescriber is properly
certified to issue prescription orders.
History: Cr. Register, February, 1995, No. 470, eff. 3195; correction in (3)
made under s. 13.93 (2m) (b) 7., Stats., Register, October, 2000, No. 538.
N 8.07 Prescription orders. (1) Prescription orders
issued by an advanced practice nurse prescribers shall:
(a) Specify the date of issue.
(b) Specify the name and address of the patient.
(c) Specify the name, address and business telephone number
of the advanced practice nurse prescriber.
(d) Specify the name and quantity of the drug product or device
prescribed, including directions for use.
(e) Bear the signature of the advanced practice nurse pre-
scriber.
(2) Prescription orders issued by advanced practice nurse pre-
scribers for a controlled substance shall be written in ink or indel-
ible pencil or shall be typewritten, and shall contain the practition-
ers controlled substances number.
N 8.08 Malpractice insurance coverage.
(1) Advanced practice nurse prescribers who prescribe indepen-
dently shall maintain in effect malpractice insurance evidenced by
one of the following:
(a) Personal liability coverage in the amounts specified in s.
655.23 (4), Stats.
(b) Coverage under a group liability policy providing individ-
ual coverage for the nurse in the amounts set forth in s. 655.23 (4),
Stats. An advanced practice nurse prescriber covered under one
or more such group policies shall certify on forms provided by the
board that the nurse will independently prescribe only within the
limits of the policys coverage, or shall obtain personal liability
coverage for independent prescribing outside the scope of the
group liability policy or policies.
(2) Notwithstanding sub. (1), an advanced practice nurse pre-
scriber who practices as an employee of this state or a governmen-
tal subdivision, as defined under s. 180.0103, Stats., is not
required to maintain in effect malpractice insurance coverage, but
the nurse shall certify on forms provided by the board that the
nurse will prescribe within employment policies.
(3) An advanced practice nurse prescriber who prescribes
under the supervision and delegation of a physician or CRNA
shall certify on forms provided by the board that the nurse com-
plies with s. N 6.03 (2) and (3), regarding delegated acts.
(4) An advanced practice nurse prescriber who prescribes in
more than one setting or capacity shall comply with the provisions
of subs. (1), (2) and (3) applicable to each setting or capacity. An
advanced practice nurse prescriber who is not an employee of this
state or a governmental subdivision, and who prescribes indepen-
dently in some situations and prescribes under the supervision and
delegation of a physician or CRNA in other situations, shall meet
the requirements of sub. (1) with respect to independent prescrib-
ing and the requirements of sub. (3) with respect to delegated pre-
scribing.
Note: Forms are available from the board office located at 1400 East Washington
Avenue, P.O. Box 8935, Madison, Wisconsin 53708.
(5) Every advanced practice nurse who is certified to issue
prescription orders shall annually submit to the board satisfactory
evidence that he or she has in effect malpractice insurance
required by sub. (1).
History: Cr. Register, February, 1995, No. 470, eff. 3195; r. and recr. (1),
renum. (2) to be (5) and cr. (2), (3) and (4), Register, October, 1996, No. 490, eff.
11196.
N 8.09 Dispensing. (1) Except as provided in sub. (2),
advanced practice nurse prescribers shall restrict their dispensing
of prescription drugs to complimentary samples dispensed in
original containers or packaging supplied by a pharmaceutical
manufacturer or distributor.
(2) An advanced practice nurse prescriber may dispense drugs
to a patient if the treatment facility at which the patient is treated
is located at least 30 miles from the nearest pharmacy.
N 8.10 Case management and collaboration with
other health care professionals. (1) Advanced practice
nurse prescribers shall communicate with patients through the use
of modern communication techniques.
(2) Advanced practice nurse prescribers shall facilitate col-
laboration with other health care professionals, at least 1 of whom
shall be a physician, through the use of modern communication
techniques.
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21 N 8.10 BOARD OF NURSING
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(3) Advanced practice nurse prescribers shall facilitate refer-
ral of patient health care records to other health care professionals
and shall notify patients of their right to have their health care
records referred to other health care professionals.
(4) Advanced practice nurse prescribers shall provide a sum-
mary of a patients health care records, including diagnosis, sur-
geries, allergies and current medications to other health care pro-
viders as a means of facilitating case management and improved
collaboration.
(5) The board shall promote communication and collabora-
tion among advanced practice nurses, physicians and other health
care professionals, including notification to advanced practice
nurses of mutual educational opportunities and available commu-
nication networks.
(6) To promote case management, the advanced practice
nurse prescriber may order laboratory testing, radiographs or elec-
trocardiograms appropriate to his or her area of competence as
established by his or her education, training, or experience.
(7) Advanced practice nurse prescribers shall work in a col-
laborative relationship with a physician. The collaborative rela-
tionship is a process in which an advanced practice nurse pre-
scriber is working with a physician, in each others presence when
necessary, to deliver health care services within the scope of the
practitioners professional expertise. The advanced practice
nurse prescriber and the physician must document this relation-
ship.
History: Cr. Register, February, 1995, No. 470, eff. 3195; cr. (6) and (7), Regis-
ter, October, 2000, No. 538, eff. 11100.
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1 SPS 1.04 SAFETY AND PROFESSIONAL SERVICES
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Chapter SPS 1
PROCEDURES TO REVIEW DENIAL OF AN APPLICATION
SPS 1.01 Authority and scope.
SPS 1.03 Definitions.
SPS 1.04 Examination failure: retake and hearing, consequences of cheating
on an examination or breach of examination security.
SPS 1.05 Notice of intent to deny, notice of denial and notice of cheating on an
examination or breach of examination security.
SPS 1.06 Parties to a denial review proceeding.
SPS 1.07 Request for hearing.
SPS 1.08 Procedure.
SPS 1.09 Conduct of hearing.
SPS 1.10 Service.
SPS 1.11 Failure to appear.
SPS 1.12 Withdrawal of request.
SPS 1.13 Transcription fees.
Note: Chapter RL 1 was renumbered chapter SPS 1 under s. 13.92 (4) (b) 1.,
Stats., Register November 2011 No. 671.
SPS 1.01 Authority and scope. Rules in this chapter are
adopted under authority in s. 440.03 (1), Stats., for the purpose of
governing review of a decision to deny an application. Rules in
this chapter do not apply to denial of an application for renewal
of a credential. Rules in this chapter shall apply to applications
received on or after July 1, 1996.
Note: Procedures used for denial of an application for renewal of a credential are
found in Ch. SPS 2, Wis. Admin. Code and s. 227.01 (3) (b), Stats.
History: Cr. Register, October, 1985, No. 358, eff. 11185; am., Register, July,
1996, No. 487, eff. 8196.
SPS 1.03 Definitions. In this chapter:
(1) Applicant means any person who applies for a credential
from the applicable credentialing authority. Person in this sub-
section includes a business entity.
(1g) Breach of examination security means any of the fol-
lowing:
(a) Removing from the examination room any examination
materials without authorization.
(b) Reproducing, or assisting a person in reproducing, any por-
tion of the credentialing examination by any means and without
authorization.
(c) Paying a person to take the credentialing examination to
discover the content of any portion of the credentialing examina-
tion.
(d) Obtaining examination questions or other examination
materials, except by specific authorization before, during, or after
an examination.
(e) Using, or purporting to use, improperly obtained examina-
tion questions or materials to instruct or prepare an applicant for
the credentialing examination.
(f) Selling, distributing, buying, receiving or having unautho-
rized possession of any portion of a future, current, or previously
administered credentialing examination.
(1r) Cheating on an examination includes:
(a) Communicating with other persons inside or outside of the
examination room concerning examination content using any
means of communication while the examination is being adminis-
tered.
(b) Copying the answers of another applicant, or permitting
answers to be copied by another applicant.
(c) Substituting another person to write one or more of the
examination answers or papers in the place of the applicant.
(d) Referring to notes, textbooks or other unauthorized
information sources inside or outside the examination room while
the examination is being administered.
(e) Disclosing the nature or content of any examination ques-
tion or answer to another person prior to, during, or subsequent to
the conclusion of the examination.
(f) Removing or attempting to remove any examination mate-
rials, notes or facsimiles of examination content such as photo,
audiovisual, or electronic records from the examination room.
(g) Violating rules of conduct of the examination.
(2) Credential means a license, permit, or certificate of cer-
tification or registration that is issued under chs. 440 to 480, Stats.
(3) Credentialing authority means the department or an
attached examining board, affiliated credentialing board or board
having authority to issue or deny a credential.
(4) Denial review proceeding means a class 1 proceeding as
defined in s. 227.01 (3) (a), Stats., in which a credentialing author-
ity reviews either a decision to deny a completed application for
a credential or a determination of cheating on an examination or
breach of examination security.
sional services.
(6) Division means the division of enforcement in the
department.
(7) Office of examinations means the office of examina-
tions in the department.
History: Cr. Register, October, 1985, No. 358, eff. 11185; correction in (4)
made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1988, No. 389; am. (1), (4),
r. (2), renum. (3) to be (5), cr. (2), (3), (6), Register, July, 1996, No. 487, eff. 8196;
CR 05050: cr. (1g), (1r) and (7), am. (4) Register January 2006 No. 601, eff. 2106;
correction in (5) made under s. 13.92 (4) (b) 6., Stats., Register November 2011
No. 671.
SPS 1.04 Examination failure: retake and hearing,
consequences of cheating on an examination or breach
of examination security. (1) An applicant may request a
hearing to challenge the validity, scoring or administration of an
examination if the applicant has exhausted other available admin-
istrative remedies, including, but not limited to, internal examina-
tion review and regrading, and if either:
(a) The applicant is no longer eligible to retake a qualifying
examination.
(b) Reexamination is not available within 6 months from the
date of the applicants last examination.
(2) A failing score on an examination does not give rise to the
right to a hearing if the applicant is eligible to retake the examina-
tion and reexamination is available within 6 months from the date
of the applicants last examination.
Note: An applicant is not eligible for a license until his or her application is com-
plete. An application is not complete until an applicant has submitted proof of having
successfully passed any required qualifying examination. If an applicant fails the
qualifying examination, but has the right to retake it within 6 months, the applicant
is not entitled to a hearing under this chapter.
(3) (a) Consequences imposed for cheating on an examina-
tion or for committing a breach of examination security shall be
related to the seriousness of the offense and may include: denial
of grades; entering of a failing grade on all examinations in which
cheating occurred; restrictions on reexamination; or denial of
licensure. If more than one applicant are involved in a connected
offense of cheating on an examination or breach of examination
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2 SPS 1.04 WISCONSIN ADMINISTRATIVE CODE
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security, each applicant knowingly involved is subject to the con-
sequences in this section.
(b) Restrictions on reexamination may include denying the
applicant the right to retake the examination for a specified period
of time or the imposition of a permanent bar on reexamination.
(c) The department may provide information on the conse-
quences imposed upon an applicant to other jurisdictions where
the applicant may apply for credentialing or examination.
(d) If an approved or credentialed school or instructor is found
to have facilitated actions constituting cheating on an examination
or breach of examination security, the school or instructor may be
subject to disciplinary action or revocation of approval.
History: Cr., Register, July, 1996, No. 487, eff. 8196; CR 05050: cr. (3) Regis-
ter January 2006 No. 601, eff. 2106.
SPS 1.05 Notice of intent to deny, notice of denial
and notice of cheating on an examination or breach of
examination security. (1) NOTICE OF INTENT TO DENY. (a) A
notice of intent to deny may be issued upon an initial determina-
tion that the applicant does not meet the eligibility requirements
for a credential. A notice of intent to deny shall contain a short
statement in plain language of the basis for the anticipated denial,
specify the statute, rule or other standard upon which the denial
will be based and state that the application shall be denied unless,
within 45 calendar days from the date of the mailing of the notice,
the credentialing authority receives additional information which
shows that the applicant meets the requirements for a credential.
The notice shall be substantially in the form shown in Appendix
I.
(b) If the credentialing authority does not receive additional
information within the 45 day period, the notice of intent to deny
shall operate as a notice of denial and the 45 day period for
requesting a hearing described in s. SPS 1.07 shall commence on
the date of mailing of the notice of intent to deny.
(c) If the credentialing authority receives additional informa-
tion within the 45 day period which fails to show that the applicant
meets the requirements for a credential, a notice of denial shall be
issued under sub. (2).
(2) NOTICE OF DENIAL. If the credentialing authority deter-
mines that an applicant does not meet the requirements for a cre-
dential, the credentialing authority shall issue a notice of denial in
the form shown in Appendix II. The notice shall contain a short
statement in plain language of the basis for denial, specify the stat-
ute, rule or other standard upon which the denial is based, and be
substantially in the form shown in Appendix II.
(3) NOTICE OF CHEATING ON AN EXAMINATION OR BREACH OF
EXAMINATION SECURITY. If after an investigation the office of
examinations determines there is probable cause to believe that an
applicant has cheated on an examination or breached examination
security and the office of examinations and the applicant cannot
agree upon a consequence acceptable to the credentialing author-
ity, the office of examinations shall issue a notice of cheating on
an examination or breach of examination security. The notice
shall:
(a) Include the name and address of the applicant, the examina-
tion involved, and a statement identifying with reasonable partic-
ularity the grounds for the conclusion that the applicant has
cheated on an examination or breached examination security.
(b) Be mailed to the applicant at the address provided in the
materials submitted by the applicant when applying to take the
examination. Notice is effective upon mailing.
History: Cr., Register, July, 1996, eff. 8196; CR 05050: cr. (3) Register Jan-
uary 2006 No. 601, eff. 2106; correction in (1) (b) made under s. 13.92 (4) (b)
7., Stats., Register November 2011 No. 671.
SPS 1.06 Parties to a denial review proceeding. Par-
ties to a denial review proceeding are the applicant, the credential-
ing authority and any person admitted to appear under s. 227.44
(2m), Stats.
History: Cr. Register, October, 1985, No. 358, eff. 11185;renum. from RL 1.04
and am., Register, July, 1996, No. 487, eff. 8196.
SPS 1.07 Request for hearing. An applicant may
request a hearing within 45 calendar days after the mailing of a
notice of denial by the credentialing authority or notice of cheat-
ing on an examination or breach of examination security by the
office of examinations. The request shall be in writing and set
forth all of the following:
(1) The applicants name and address.
(2) The type of credential for which the applicant has applied.
(3) A specific description of the mistake in fact or law which
constitutes reasonable grounds for reversing the decision to deny
the application for a credential or for reversing a determination of
cheating on an examination or a determination of breach of
examination security. If the applicant asserts that a mistake in fact
was made, the request shall include a concise statement of the
essential facts which the applicant intends to prove at the hearing.
If the applicant asserts a mistake in law was made, the request shall
include a statement of the law upon which the applicant relies.
History: Cr., Register, July, 1996, No. 487, eff. 8196; CR 05050: am. (intro.)
and (3) Register January 2006 No. 601, eff. 2106.
SPS 1.08 Procedure. The procedures for a denial review
proceeding are:
(1) REVIEW OF REQUEST FOR HEARING. Within 45 calendar days
of receipt of a request for hearing, the credentialing authority or
its designee shall grant or deny the request for a hearing on a denial
of a credential or on a determination of cheating on an examina-
tion or a determination of breach of examination security. A
request shall be granted if requirements in s. SPS 1.07 are met, and
the credentialing authority or its designee shall notify the appli-
cant of the time, place and nature of the hearing. If the require-
ments in s. SPS 1.07 are not met, a hearing shall be denied, and the
credentialing authority or its designee shall inform the applicant
in writing of the reason for denial. For purposes of a petition for
review under s. 227.52, Stats., a request is denied if a response to
a request for hearing is not issued within 45 calendar days of its
receipt by the credentialing authority.
(2) DESIGNATION OF PRESIDING OFFICER. An administrative
law judge employed by the department shall preside over denial
hearings, unless the credentialing authority designates otherwise.
The administrative law judge shall be an attorney in the depart-
ment designated by the department general counsel, an employee
borrowed from another agency pursuant to s. 20.901, Stats., or a
person employed as a special project or limited term employee by
the department, except that the administrative law judge may not
be an employee in the division.
(3) DISCOVERY. Unless the parties otherwise agree, no discov-
ery is permitted, except for the taking and preservation of evi-
dence as provided in ch. 804, Stats., with respect to witnesses
described in s. 227.45 (7) (a) to (d), Stats. An applicant may
inspect records under s. 19.35, Stats., the public records law.
(4) BURDEN OF PROOF. The applicant has the burden of proof
to show by evidence satisfactory to the credentialing authority that
the applicant meets the eligibility requirements set by law for the
credential. The office of examinations has the burden of proof to
show by a preponderance of the evidence that the applicant
cheated on an examination or breached examination security.
History: Cr., Register, July, 1996, No. 487, eff. 8196; CR 05050: am. (1) and
(4) Register January 2006 No. 601, eff. 2106; correction in (1) made under s.
13.92 (4) (b) 7., Stats., Register November 2011 No. 671.
SPS 1.09 Conduct of hearing. (1) RECORD. A steno-
graphic, electronic or other record shall be made of all hearings in
which the testimony of witnesses is offered as evidence, and of
other oral proceedings when requested by a party.
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(2) ADJOURNMENTS. The presiding officer may, for good
cause, grant continuances, adjournments and extensions of time.
(3) SUBPOENAS. (a) Subpoenas for the attendance of any wit-
ness at a hearing in the proceeding may be issued in accordance
with s. 227.45 (6m), Stats.
(b) A presiding officer may issue protective orders according
to the provisions of s. 805.07, Stats.
(4) MOTIONS. All motions, except those made at hearing, shall
be in writing, filed with the presiding officer and a copy served
upon the opposing party not later than 5 days before the time spec-
ified for hearing the motion.
(5) EVIDENCE. The credentialing authority, the office of
examinations and the applicant shall have the right to appear in
person or by counsel, to call, examine and crossexamine wit-
nesses and to introduce evidence into the record. If the applicant
submits evidence of eligibility for a credential which was not sub-
mitted to the credentialing authority prior to denial of the applica-
tion, the presiding officer may request the credentialing authority
to reconsider the application and the evidence of eligibility not
previously considered.
(5m) CONFIDENTIALITY OF EXAMINATION RECORDS. The pre-
siding officer shall take appropriate precautions to preserve
examination security in conjunction with the conduct of a hearing
held pursuant to this section.
(6) BRIEFS. The presiding officer may require the filing of
briefs.
(7) LOCATION OF HEARING. All hearings shall be held at the
offices of the department in Madison unless the presiding officer
determines that the health or safety of a witness or of a party or an
emergency requires that a hearing be held elsewhere.
History: Cr., Register, July, 1996, No. 487, eff. 8196; CR 05050: am. (5), cr.
(5m) Register January 2006 No. 601, eff. 2106.
SPS 1.10 Service. Service of any document on an appli-
cant may be made by mail addressed to the applicant at the last
address filed in writing by the applicant with the credentialing
authority. Service by mail is complete on the date of mailing.
History: Cr. Register, October, 1985, No. 358, eff. 11185; renum. from RL 1.06
SPS 1.11 Failure to appear. In the event that neither the
applicant nor his or her representative appears at the time and
place designated for the hearing, the credentialing authority may
take action based upon the record as submitted. By failing to
appear, an applicant waives any right to appeal the action taken by
the credentialing authority.
History: Cr. Register, October, 1985, No. 358, eff. 11185; renum. from RL 1.07
and am., Register, July, 1996, No. 487, eff. 8196; CR 05050: am. Register January
2006 No. 601, eff. 2106.
SPS 1.12 Withdrawal of request. A request for hearing
may be withdrawn at any time. Upon receipt of a request for with-
drawal, the credentialing authority shall issue an order affirming
the withdrawal of a request for hearing on the denial or on the
determination of cheating on an examination or determination of
breach of examination security.
History: Cr., Register, July, 1996, No. 487, eff. 8196; CR 05050: am. Register
January 2006 No. 601, eff. 2106.
SPS 1.13 Transcription fees. (1) The fee charged for a
transcript of a proceeding under this chapter shall be computed by
the person or reporting service preparing the transcript on the fol-
lowing basis:
(a) If the transcript is prepared by a reporting service, the fee
charged for an original transcription and for copies shall be the
amount identified in the state operational purchasing bulletin
which identifies the reporting service and its fees.
(b) If a transcript is prepared by the department, the department
shall charge a transcription fee of $1.75 per page and a copying
charge of $.25 per page. If 2 or more persons request a transcript,
the department shall charge each requester a copying fee of $.25
per page, but may divide the transcript fee equitably among the
requesters. If the department has prepared a written transcript for
its own use prior to the time a request is made, the department shall
assume the transcription fee, but shall charge a copying fee of $.25
per page.
(2) A person who is without means and who requires a tran-
script for appeal or other reasonable purposes shall be furnished
with a transcript without charge upon the filing of a petition of
indigency signed under oath. For purposes of this section, a deter-
mination of indigency shall be based on the standards used for
making a determination of indigency under s. 977.07, Stats.
History: Cr., Register, July, 1996, No. 487, eff. 8196.
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5 SPS 1 Appendix I SAFETY AND PROFESSIONAL SERVICES
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Chapter SPS 1
APPENDIX I
NOTICE OF INTENT TO DENY
[DATE]
[NAME] and
ADDRESS of APPLICANT]
Re: Application for [TYPE OF CREDENTIAL]; Notice of
Intent to Deny
Dear [APPLICANT]:
PLEASE TAKE NOTICE that the state of Wisconsin
[CREDENTIALING AUTHORITY] has reviewed your
application for a [TYPE OF CREDENTIAL]. On the basis of the
application submitted, the [CREDENTIALING AUTHORITY]
intends to deny your application for reasons identified below
unless, within 45 calendar days from the date of the mailing of this
notice, the [CREDENTIALING AUTHORITY] receives
additional information which shows that you meet the
requirements for a credential.
[STATEMENT OF REASONS FOR DENIAL]
The legal basis for this decision is:
[SPECIFY THE STATUTE, RULE OR OTHER STANDARD
UPON WHICH THE DENIAL WILL BE BASED]
If the [CREDENTIALING AUTHORITY] does not receive
additional information within the 45 day period, this notice of
intent to deny shall operate as a notice of denial and the 45 day
period you have for requesting a hearing shall commence on the
date of mailing of this notice of intent to deny.
___________________________________________________
[Designated Representative of Credentialing Authority]
PLEASE NOTE that your have a right to a hearing on the denial
of your application if you file a request for hearing in
accordance with the provisions of Ch. SPS 1 of the Wisconsin
Administrative Code. If you do not submit additional
information in support of your application, you may request a
hearing within 45 calendar days after the mailing of this notice.
Your request must be submitted in writing to the
[CREDENTIALING AUTHORITY] at:
1400 East Washington Avenue
P.O. Box 8935
Madison, WI 537088935
The request must contain your name and address, the type of
credential for which you have applied, a specific description of
the mistake in fact or law that you assert was made in the denial
of your credential, and a concise statement of the essential facts
which you intend to prove at the hearing. You will be notified
in writing of the [CREDENTIALING AUTHORITYS]
decision. Under s. SPS 1.08 of the Wisconsin Administrative
Code, a request for a hearing is denied if a response to a request
for a hearing is not issued with 45 days of its receipt by the
[CREDENTIALING AUTHORITY]. Time periods for a
petition for review begin to run 45 days after the
[CREDENTIALING AUTHORITY] has received a request
for a hearing and has not responded.
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7 SPS 1 Appendix II SAFETY AND PROFESSIONAL SERVICES
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Chapter SPS 1
APPENDIX II
NOTICE OF DENIAL
[DATE]
[NAME and
ADDRESS OF APPLICANT]
Re: Application for [TYPE OF CREDENTIAL]; Notice of Denial
Dear [APPLICANT]:
PLEASE TAKE NOTICE that the state of Wisconsin [CREDENTIALING AUTHORITY] has reviewed your
application for a [TYPE OF CREDENTIAL] and denies the application for the following reasons:
[STATEMENT OF REASONS FOR DENIAL]
The legal basis for this decision is:
[SPECIFY THE STATUTE, RULE OR OTHER STANDARD UPON
WHICH THE DENIAL WILL BE BASED]
_______________________________________________________
[Designated Representative of Credentialing Authority]
PLEASE NOTE that you have a right to a hearing on the denial of your application if you file a request for
hearing in accordance with the provisions of Ch. SPS 1 of the Wisconsin Administrative Code. You may request a hearing
within 45 calendar days after the mailing of this notice of denial. Your request must be submitted in writing to the
[CREDENTIALING AUTHORITY] at:
P.O. Box 8935
Madison, WI 537088935
The request must contain your name and address, the type of credential for which you have applied, a specific description of
the mistake in fact or law that you assert was made in the denial of your credential, and a concise statement of the essential
facts which you intend to prove at the hearing. You will be notified in writing of the [CREDENTIALING AUTHORITYS]
decision. Under s. SPS 1.08 of the Wisconsin Administrative Code, a request for a hearing is denied if a response to a
request for a hearing is not issued within 45 days of its receipt by the [CREDENTIALING AUTHORITY]. Time periods
for a petition for review begin to run 45 days after the [CREDENTIALING AUTHORITY] has received a request for a
hearing and has not responded.
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Chapter SPS 2
PROCEDURES FOR PLEADING AND HEARINGS
SPS 2.01 Authority.
SPS 2.02 Scope; kinds of proceedings.
SPS 2.035 Receiving informal complaints.
SPS 2.036 Procedure for settlement conferences.
SPS 2.037 Parties to a disciplinary proceeding.
SPS 2.04 Commencement of disciplinary proceedings.
SPS 2.05 Pleadings to be captioned.
SPS 2.06 Complaint.
SPS 2.07 Notice of hearing.
SPS 2.08 Service and filing of complaint, notice of hearing and other papers.
SPS 2.09 Answer.
SPS 2.10 Administrative law judge.
SPS 2.11 Prehearing conference.
SPS 2.12 Settlements.
SPS 2.13 Discovery.
SPS 2.14 Default.
SPS 2.16 Witness fees and costs.
SPS 2.18 Assessment of costs.
SPS 2.20 Extension of time limits in disciplinary actions against physicians.
SPS 2.01 Authority. The rules in ch. SPS 2 are adopted
pursuant to authority in s. 440.03 (1), Stats., and procedures in ch.
227, Stats.
History: Cr. Register, October, 1978, No. 274, eff. 11178; am. Register, May,
SPS 2.02 Scope; kinds of proceedings. The rules in
this chapter govern procedures in class 2 proceedings, as defined
in s. 227.01 (3) (b), Stats., against licensees before the department
and all disciplinary authorities attached to the department, except
that s. SPS 2.17 applies also to class 1 proceedings, as defined in
s. 227.01 (3) (a), Stats.
History: Cr. Register, October, 1978, No. 274, eff. 11178; am. Register, May,
1982, No. 317, eff. 6182; corrections made under s. 13.93 (2m) (b) 7., Stats., Regis-
ter, May, 1988, No. 389; am. Register, June, 1992, No. 438, eff. 7192; emerg. am.
eff. 111495; correction made under s. 13.92 (4) (b) 7., Stats., Register Novem-
ber 2011 No. 671.
(1) Complainant means the person who signs a complaint.
(2) Complaint means a document which meets the require-
ments of ss. SPS 2.05 and 2.06.
sional services.
(4) Disciplinary authority means the department or the
attached examining board or board having authority to revoke the
license of the holder whose conduct is under investigation.
(5) Disciplinary proceeding means a proceeding against
one or more licensees in which a disciplinary authority may deter-
mine to revoke or suspend a license, to reprimand a licensee, to
limit a license, to impose a forfeiture, or to refuse to renew a
license because of a violation of law.
department.
(7) Informal complaint means any written information sub-
mitted to the division or any disciplinary authority by any person
which requests that a disciplinary proceeding be commenced
against a licensee or which alleges facts, which if true, warrant dis-
cipline.
(8) Licensee means a person, partnership, corporation or
association holding any license, permit, certificate or registration
granted by a disciplinary authority or having any right to renew a
license, permit, certificate or registration granted by a disciplinary
authority.
(9) Respondent means the person against whom a disciplin-
ary proceeding has been commenced and who is named as respon-
dent in a complaint.
(10) Settlement conference means a proceeding before a
disciplinary authority or its designee conducted according to s.
SPS 2.036, in which a conference with one or more licensee is held
to attempt to reach a fair disposition of an informal complaint prior
to the commencement of a disciplinary proceeding.
History: Cr. Register, October, 1978, No. 274, eff. 11178; am. (1) and (6),
renum. (7) and (8) to be (8) and (9), cr. (7), Register, May, 1982, No. 317, eff. 6182;
r. (1), renum. (2) to (4) to be (1) to (3), cr. (4) and (10), am. (5), (7) and (8), Register,
June, 1992, No. 438, eff. 7192; correction in (2), (3), (10) made under s. 13.92
(4) (b) 6., 7., Stats., Register November 2011 No. 671.
SPS 2.035 Receiving informal complaints. All infor-
mal complaints received shall be referred to the division for filing,
screening and, if necessary, investigation. Screening shall be done
by the disciplinary authority, or, if the disciplinary authority
directs, by a disciplinary authority member or the division. In this
section, screening is a preliminary review of complaints to deter-
mine whether an investigation is necessary. Considerations in
screening include, but are not limited to:
(1) Whether the person complained against is licensed;
(2) Whether the violation alleged is a fee dispute;
(3) Whether the matter alleged, if taken as a whole, is trivial;
and
(4) Whether the matter alleged is a violation of any statute,
rule or standard of practice.
History: Cr. Register, May, 1982, No. 317, eff. 6182; am. (intro.) and (3), Reg-
ister, June, 1992, No. 438, eff. 7192.
SPS 2.036 Procedure for settlement conferences.
At the discretion of the disciplinary authority, a settlement confer-
ence may be held prior to the commencement of a disciplinary
proceeding, pursuant to the following procedures:
(1) SELECTION OF INFORMAL COMPLAINTS. The disciplinary
authority or its designee may determine that a settlement confer-
ence is appropriate during an investigation of an informal com-
plaint if the information gathered during the investigation pres-
ents reasonable grounds to believe that a violation of the laws
enforced by the disciplinary authority has occurred. Consider-
ations in making the determination may include, but are not lim-
ited to:
(a) Whether the issues arising out of the investigation of the
informal complaint are clear, discrete and sufficiently limited to
allow for resolution in the informal setting of a settlement confer-
ence; and
(b) Whether the facts of the informal complaint are undisputed
or clearly ascertainable from the documents received during
investigation by the division.
(2) PROCEDURES. When the disciplinary authority or its desig-
nee has selected an informal complaint for a possible settlement
conference, the licensee shall be contacted by the division to
determine whether the licensee desires to participate in a settle-
ment conference. A notice of settlement conference and a descrip-
tion of settlement conference procedures, prepared on forms pre-
scribed by the department, shall be sent to all participants in
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advance of any settlement conference. A settlement conference
shall not be held without the consent of the licensee. No agreement
reached between the licensee and the disciplinary authority or its
designee at a settlement conference which imposes discipline
upon the licensee shall be binding until the agreement is reduced
to writing, signed by the licensee, and accepted by the disciplinary
authority.
(3) ORAL STATEMENTS AT SETTLEMENT CONFERENCE. Oral
statements made during a settlement conference shall not be
introduced into or made part of the record in a disciplinary pro-
ceeding.
History: Cr. Register, June, 1992, No. 438, eff. 7192.
SPS 2.037 Parties to a disciplinary proceeding. Par-
ties to a disciplinary proceeding are the respondent, the division
and the disciplinary authority before which the disciplinary pro-
ceeding is heard.
History: Cr. Register, May, 1982, No. 317, eff. 6182; renum. from RL 2.036
and am., Register, June, 1992, No. 438, eff. 7192.
SPS 2.04 Commencement of disciplinary proceed-
ings. Disciplinary proceedings are commenced when a notice of
hearing is filed in the disciplinary authority office or with a desig-
nated administrative law judge.
History: Cr. Register, February, 1979, No. 278, eff. 3179; am. Register, June,
1992, No. 438, eff. 7192.
SPS 2.05 Pleadings to be captioned. All pleadings,
notices, orders, and other papers filed in disciplinary proceedings
shall be captioned: BEFORE THE __________ and shall be
entitled: IN THE MATTER OF DISCIPLINARY PROCEED-
INGS AGAINST _____________, RESPONDENT.
SPS 2.06 Complaint. A complaint may be made on infor-
mation and belief and shall contain:
(1) The name and address of the licensee complained against
and the name and address of the complainant;
(2) A short statement in plain language of the cause for disci-
plinary action identifying with reasonable particularity the trans-
action, occurrence or event out of which the cause arises and spec-
ifying the statute, rule or other standard alleged to have been
violated;
(3) A request in essentially the following form: Wherefore,
the complainant demands that the disciplinary authority hear evi-
dence relevant to matters alleged in this complaint, determine and
impose the discipline warranted, and assess the costs of the pro-
ceeding against the respondent; and,
(4) The signature of the complainant.
History: Cr. Register, October, 1978, No. 274, eff. 11178; am. (intro.), (3) and
(4), Register, June, 1992, No. 438, eff. 7192.
SPS 2.07 Notice of hearing. (1) A notice of hearing
shall be sent to the respondent at least 10 days prior to the hearing,
unless for good cause such notice is impossible or impractical, in
which case shorter notice may be given, but in no case may the
notice be provided less than 48 hours in advance of the hearing.
(2) A notice of hearing to the respondent shall be substantially
in the form shown in Appendix 1 and signed by a disciplinary
authority member or an attorney in the division.
History: Cr. Register, October, 1978, No. 274, eff. 11178; am. (2) (intro.), Reg-
ister, February, 1979, No. 278, eff. 3179; r. and recr. Register, June, 1992, No. 438,
eff. 7192.
SPS 2.08 Service and filing of complaint, notice of
hearing and other papers. (1) The complaint, notice of hear-
ing, all orders and other papers required to be served on a respon-
dent may be served by mailing a copy of the paper to the respon-
dent at the last known address of the respondent or by any
procedure described in s. 801.14 (2), Stats. Service by mail is com-
plete upon mailing.
(2) Any paper required to be filed with a disciplinary authority
may be mailed to the disciplinary authority office or, if an admin-
istrative law judge has been designated to preside in the matter, to
the administrative law judge and shall be deemed filed on receipt
at the disciplinary authority office or by the administrative law
judge. An answer under s. SPS 2.09, and motions under s. SPS
2.15 may be filed and served by facsimile transmission. A docu-
ment filed by facsimile transmission under this section shall also
be mailed to the disciplinary authority. An answer or motion filed
by facsimile transmission shall be deemed filed on the first busi-
ness day after receipt by the disciplinary authority.
History: Cr. Register, October, 1978, No. 274, eff. 11178; am. (2), Register,
June, 1992, No. 438, eff. 7192; correction in (2) made under s. 13.92 (4) (b) 7.,
SPS 2.09 Answer. (1) An answer to a complaint shall
state in short and plain terms the defenses to each cause asserted
and shall admit or deny the allegations upon which the complain-
ant relies. If the respondent is without knowledge or information
sufficient to form a belief as to the truth of the allegation, the
respondent shall so state and this has the effect of a denial. Denials
shall fairly meet the substance of the allegations denied. The
respondent shall make denials as specific denials of designated
allegations or paragraphs but if the respondent intends in good
faith to deny only a part or a qualification of an allegation, the
respondent shall specify so much of it as true and material and
shall deny only the remainder.
(2) The respondent shall set forth affirmatively in the answer
any matter constituting an affirmative defense.
(3) Allegations in a complaint are admitted when not denied
in the answer.
(4) An answer to a complaint shall be filed within 20 days
from the date of service of the complaint.
History: Cr. Register, October, 1978, No. 274, eff. 11178; am. (4), Register,
February, 1979, No. 278, eff. 3179; am. (1), (3) and (4), Register, June, 1992, No.
438, eff. 7192.
SPS 2.10 Administrative law judge. (1) DESIGNATION.
Disciplinary hearings shall be presided over by an administrative
law judge employed by the department unless the disciplinary
authority designates otherwise. The administrative law judge
shall be an attorney in the department designated by the depart-
ment general counsel, an employee borrowed from another
agency pursuant to s. 20.901, Stats., or a person employed as a
special project or limited term employee by the department,
except that the administrative law judge may not be an employee
in the division.
(2) AUTHORITY. An administrative law judge designated
under this section to preside over any disciplinary proceeding has
the authority described in s. 227.46 (1), Stats. Unless otherwise
directed by a disciplinary authority pursuant to s. 227.46 (3),
Stats., an administrative law judge presiding over a disciplinary
proceeding shall prepare a proposed decision, including findings
of fact, conclusions of law, order and opinion, in a form that may
be adopted as the final decision in the case.
(3) SERVICE OF PROPOSED DECISION. Unless otherwise directed
by a disciplinary authority, the proposed decision shall be served
by the administrative law judge on all parties with a notice provid-
ing each party adversely affected by the proposed decision with
an opportunity to file with the disciplinary authority objections
and written argument with respect to the objections. A party
adversely affected by a proposed decision shall have at least 10
days from the date of service of the proposed decision to file
objections and argument.
History: Cr. Register, October, 1978, No. 274, eff. 11178; r. and recr. (1), Regis-
ter, November, 1986, No. 371, eff. 12186; correction in (2) made under s. 13.93
(2m) (b) 7., Stats., Register, May, 1988, No. 389; am. Register, June, 1992, No. 438,
eff. 7192.
SPS 2.11 Prehearing conference. In any matter pend-
ing before the disciplinary authority the complainant and the
respondent, or their attorneys, may be directed by the disciplinary
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authority or administrative law judge to appear at a conference or
to participate in a telephone conference to consider the simplifica-
tion of issues, the necessity or desirability of amendments to the
pleadings, the admission of facts or documents which will avoid
unnecessary proof and such other matters as may aid in the dis-
position of the matter.
History: Cr. Register, October, 1978, No. 274, eff. 11178; am. Register, June,
1992, No. 438, eff. 1992.
SPS 2.12 Settlements. No stipulation or settlement
agreement disposing of a complaint or informal complaint shall
be effective or binding in any respect until reduced to writing,
signed by the respondent and approved by the disciplinary author-
ity.
1992, No. 438, eff. 7192.
SPS 2.13 Discovery. The person prosecuting the com-
plaint and the respondent may, prior to the date set for hearing,
obtain discovery by use of the methods described in ch. 804,
Stats., for the purposes set forth therein. Protective orders, includ-
ing orders to terminate or limit examinations, orders compelling
discovery, sanctions provided in s. 804.12, Stats., or other reme-
dies as are appropriate for failure to comply with such orders may
be made by the presiding officer.
SPS 2.14 Default. If the respondent fails to answer as
required by s. SPS 2.09 or fails to appear at the hearing at the time
fixed therefor, the respondent is in default and the disciplinary
authority may make findings and enter an order on the basis of the
complaint and other evidence. The disciplinary authority may, for
good cause, relieve the respondent from the effect of such findings
and permit the respondent to answer and defend at any time before
the disciplinary authority enters an order or within a reasonable
time thereafter.
SPS 2.15 Conduct of hearing. (1) PRESIDING OFFICER.
The hearing shall be presided over by a member of the disciplinary
authority or an administrative law judge designated pursuant to s.
SPS 2.10.
(2) RECORD. A stenographic, electronic or other record shall
be made of all hearings in which the testimony of witnesses is
offered as evidence.
(3) EVIDENCE. The complainant and the respondent shall have
the right to appear in person or by counsel, to call, examine, and
crossexamine witnesses and to introduce evidence into the
record.
(4) BRIEFS. The presiding officer may require the filing of
briefs.
(5) MOTIONS. All motions, except those made at hearing, shall
be in writing, filed with the presiding officer and a copy served
upon the opposing party not later than 5 days before the time spec-
ified for hearing the motion.
(6) ADJOURNMENTS. The presiding officer may, for good
cause, grant continuances, adjournments and extensions of time.
with s. 885.01, Stats. Service shall be made in the manner pro-
vided in s. 805.07 (5), Stats. A subpoena may command the person
to whom it is directed to produce the books, papers, documents,
or tangible things designated therein.
(b) A presiding officer may issue protective orders according
to the provision the provisions of s. 805.07, Stats.
offices of the department of safety and professional services in
Madison unless the presiding officer determines that the health or
safety of a witness or of a party or an emergency requires that a
hearing be held elsewhere.
History: Cr. Register, October, 1978, No. 274, eff. 11178; am. (1), (5) and (6),
cr. (8), Register, June, 1992, No. 438, eff. 7192; correction in (1), (8) made under
s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671.
SPS 2.16 Witness fees and costs. Witnesses subpoe-
naed at the request of the division or the disciplinary authority
shall be entitled to compensation from the state for attendance and
travel as provided in ch. 885, Stats.
1992, No. 438, eff. 7192.
lowing basis:
per page.
indigency signed under oath.
History: Cr. Register, October, 1978, No. 274, eff. 11178; am. (1) Register,
May, 1982, No. 317, eff. 6182; r. and recr. Register, June, 1992, No. 438, eff.
7192; am. (1) (b), Register, August, 1993, No. 452, eff. 9193.
SPS 2.18 Assessment of costs. (1) The proposed
decision of an administrative law judge following hearing shall
include a recommendation whether all or part of the costs of the
proceeding shall be assessed against the respondent.
(2) If a respondent objects to the recommendation of an
administrative law judge that costs be assessed, objections to the
assessment of costs shall be filed, along with any other objections
to the proposed decision, within the time established for filing of
objections.
(3) The disciplinary authoritys final decision and order
imposing discipline in a disciplinary proceeding shall include a
determination whether all or part of the costs of the proceeding
shall be assessed against the respondent.
(4) When costs are imposed, the division and the administra-
tive law judge shall file supporting affidavits showing costs
incurred within 15 days of the date of the final decision and order.
The respondent shall file any objection to the affidavits within 30
days of the date of the final decision and order. The disciplinary
authority shall review any objections, along with the affidavits,
and affirm or modify its order without a hearing.
History: Cr. Register, June, 1992, No. 438, eff. 7192.
SPS 2.20 Extension of time limits in disciplinary
actions against physicians. (1) AUTHORITY AND PURPOSE.
The rules in this section are adopted under the authority of ss.
15.08 (5) (b), 227.11 (2) and 448.02 (3) (cm), Stats., to govern the
extension of time limits in disciplinary actions against physicians.
(2) COMPUTING TIME LIMITS. In computing time limits under
s. 448.02 (3) (cm), Stats., the date of initiating an investigation
shall be the date of the decision to commence an investigation of
an informal complaint following the screening of the informal
complaint under s. SPS 2.035, except that if the decision to com-
mence an investigation of an informal complaint is made more
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than 45 days after the date of receipt of the informal complaint in
the division, or if no screening of the informal complaint is con-
ducted, the time for initiating an investigation shall commence 45
days after the date of receipt of the informal complaint in the divi-
sion. The date that the medical examining board initiates a disci-
plinary action shall be the date that a disciplinary proceeding is
commenced under s. SPS 2.04.
(3) PROCEDURE FOR REQUESTING AN EXTENSION OF TIME. The
medical examining board or the division on behalf of the medical
examining board shall make a written request for an extension of
time under s. 448.02 (3) (cm), Stats., to the secretary of the depart-
ment of safety and professional services and shall state all of the
following:
(a) The nature of the investigation and the date of initiating the
investigation.
(b) The number of days the medical examining board requires
as an extension in order to determine whether a physician is guilty
of unprofessional conduct or negligence in treatment and to initi-
ate disciplinary action.
(c) The reasons why the medical examining board has not
made a decision within the time specified under s. 448.02 (3) (cm),
Stats.
(4) FACTORS TO BE CONSIDERED. In deciding whether to grant
or deny a specified extension of time for the medical examining
board to determine whether a physician is guilty of unprofessional
conduct or negligence in treatment, the secretary of the depart-
ment of safety and professional services shall consider the infor-
mation set forth in the request and at least the following factors:
(a) The nature and complexity of the investigation including
the cause of any delays encountered during the investigation.
(b) Whether delays encountered during the screening of the
complaint or the complaint handling process were caused in
whole or part by the fact that record custodians, witnesses, or per-
sons investigated did not make a timely response to requests for
records or other evidence.
(c) Whether civil or criminal litigation relating to the matter
investigated caused any delay in the investigation.
(d) The quality and complexity of evidence available to the
medical examining board.
(e) The extent to which the physician will be prejudiced by an
extension of time.
(f) The potential harm to the public if the investigation is termi-
nated without a determination of whether the physician com-
plained about is guilty of unprofessional conduct or negligence in
treatment.
(5) APPROVE OR DENY AN EXTENSION. The secretary of the
department of safety and professional services shall approve or
deny a request for an extension within 20 days of receipt. A
request not approved within 20 days shall be deemed denied.
History: CR 02103: cr. Register March 2004 No. 579, eff. 4104; correction
in (2), (3) (intro.), (4) (intro.), (5) made under s. 13.92 (4) (b) 6., 7., Stats., Register
November 2011 No. 671.
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Chapter SPS 3
ADMINISTRATIVE INJUNCTIONS
SPS 3.01 Authority.
SPS 3.02 Scope; kinds of proceedings.
SPS 3.04 Pleadings to be captioned.
SPS 3.05 Petition for administrative injunction.
SPS 3.06 Notice of hearing.
SPS 3.07 Service and filing of petition, notice of hearing and other papers.
SPS 3.08 Answer.
SPS 3.09 Administrative law judge.
SPS 3.10 Prehearing conference.
SPS 3.11 Settlements.
SPS 3.12 Discovery.
SPS 3.13 Default.
SPS 3.15 Witness fees and costs.
pursuant to authority in ss. 440.03 (1) and 440.21, Stats.
History: Cr. Register, July, 1993, No. 451, eff. 8193; correction made under
SPS 3.02 Scope; kinds of proceedings. The rules in
this chapter govern procedures in public hearings before the
department to determine 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 459, Stats., and for issuance of an
administrative injunction.
(1) Administrative injunction means a special order enjoin-
ing a person from the continuation of a practice or use of a title
without a credential required under chs. 440 to 459, Stats.
sional services.
department.
(5) Petition means a document which meets the require-
ments of s. SPS 3.05.
(6) Respondent means the person against whom an admin-
istrative injunction proceeding has been commenced and who is
named as respondent in a petition.
History: Cr. Register, July, 1993, No. 451, eff. 8193; correction in (3), (5)
made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671.
SPS 3.04 Pleadings to be captioned. All pleadings,
notices, orders, and other papers filed in an administrative injunc-
tion proceeding shall be captioned: BEFORE THE DEPART-
MENT OF SAFETY AND PROFESSIONAL SERVICES and
shall be entitled: IN THE MATTER OF A PETITION FOR AN
ADMINISTRATIVE INJUNCTION INVOLVING
_________________, RESPONDENT.
SPS 3.05 Petition for administrative injunction. A
petition for an administrative injunction shall allege that a person
has engaged in a practice or used a title without a credential
required under chs. 440 to 459, Stats. A petition may be made on
information and belief and shall contain:
(1) The name and address of the respondent and the name and
address of the attorney in the division who is prosecuting the peti-
tion for the division;
(2) A short statement in plain language of the basis for the
divisions belief that the respondent has engaged in a practice or
used a title without a credential required under chs. 440 to 459,
Stats., and specifying the statute or rule alleged to have been vio-
lated;
(3) A request in essentially the following form: Wherefore,
the division demands that a public hearing be held and that the
department issue a special order enjoining the person from the
continuation of the practice or use of the title; and,
(4) The signature of an attorney authorized by the division to
sign the petition.
SPS 3.06 Notice of hearing. (1) A notice of hearing
shall be sent to the respondent by the division at least 10 days prior
to the hearing, except in the case of an emergency in which shorter
notice may be given, but in no case may the notice be provided less
than 48 hours in advance of the hearing.
(2) A notice of hearing to the respondent shall be essentially
in the form shown in Appendix I and signed by an attorney in the
division.
SPS 3.07 Service and filing of petition, notice of
hearing and other papers. (1) The petition, notice of hear-
ing, all orders and other papers required to be served on a respon-
dent may be served by mailing a copy of the paper to the respon-
dent at the last known address of the respondent or by any
procedure described in s. 801.14 (2), Stats. Service by mail is com-
plete upon mailing.
(2) Any paper required to be filed with the department may be
mailed to the administrative law judge designated to preside in the
matter and shall be deemed filed on receipt by the administrative
law judge. An answer under s. SPS 3.08, and motions under s. SPS
3.14 may be filed and served by facsimile transmission. A docu-
ment filed by facsimile transmission under this section shall also
be mailed to the department. An answer or motion filed by facsim-
ile transmission shall be deemed filed on the first business day
after receipt by the department.
History: Cr. Register, July, 1993, No. 451, eff. 8193; correction in (2) made
SPS 3.08 Answer. (1) An answer to a petition shall state
in short and plain terms the defenses to each allegation asserted
and shall admit or deny the allegations upon which the division
relies. If the respondent is without knowledge or information suf-
ficient to form a belief as to the truth of the allegation, the respon-
dent shall so state and this has the effect of a denial. Denials shall
fairly meet the substance of the allegations denied. The respon-
dent shall make denials as specific denials of designated allega-
tions or paragraphs but if the respondent intends in good faith to
deny only a part or to provide a qualification of an allegation, the
respondent shall specify so much of it as true and material and
shall deny only the remainder.
(2) The respondent shall set forth affirmatively in the answer
any matter constituting an affirmative defense.
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(3) Allegations in a petition are admitted when not denied in
the answer.
(4) An answer to a petition shall be filed within 20 days from
the date of service of the petition.
SPS 3.09 Administrative law judge. (1) DESIGNATION.
Administrative injunction proceedings shall be presided over by
an administrative law judge. The administrative law judge shall
be an attorney in the department designated by the department
general counsel, an employee borrowed from another agency pur-
suant to s. 20.901, Stats., or a person employed as a special project
or limited term employee by the department. The administrative
law judge may not be an employee in the division.
(2) AUTHORITY. An administrative law judge designated
under this section has the authority described in s. 227.46 (1),
Stats. Unless otherwise directed under s. 227.46 (3), Stats., an
administrative law judge shall prepare a proposed decision,
including findings of fact, conclusions of law, order and opinion,
in a form that may be adopted by the department as the final deci-
sion in the case.
(3) SERVICE OF PROPOSED DECISION. The proposed decision
shall be served by the administrative law judge on all parties with
a notice providing each party adversely affected by the proposed
decision with an opportunity to file with the department objec-
tions and written argument with respect to the objections. A party
adversely affected by a proposed decision shall have at least 10
days from the date of service of the proposed decision to file
objections and argument.
SPS 3.10 Prehearing conference. In any matter pend-
ing before the department, the division and the respondent may be
directed by the administrative law judge to appear at a conference
or to participate in a telephone conference to consider the simplifi-
cation of issues, the necessity or desirability of amendments to the
pleading, the admission of facts or documents which will avoid
unnecessary proof and such other matters as may aid in the dis-
position of the matter.
SPS 3.11 Settlements. No stipulation or settlement
agreement disposing of a petition or informal petition shall be
effective or binding in any respect until reduced to writing, signed
by the respondent and approved by the department.
SPS 3.12 Discovery. The division and the respondent
may, prior to the date set for hearing, obtain discovery by use of
the methods described in ch. 804, Stats., for the purposes set forth
therein. Protective orders, including orders to terminate or limit
examinations, orders compelling discovery, sanctions provided in
s. 804.12, Stats., or other remedies as are appropriate for failure
to comply with such orders may be made by the administrative law
judge.
SPS 3.13 Default. If the respondent fails to answer as
required by s. SPS 3.08 or fails to appear at the hearing at the time
fixed therefor, the respondent is in default and the department may
make findings and enter an order on the basis of the petition and
other evidence. The department may, for good cause, relieve the
respondent from the effect of the findings and permit the respon-
dent to answer and defend at any time before the department
enters an order or within a reasonable time thereafter.
SPS 3.14 Conduct of hearing. (1) ADMINISTRATIVE
LAW JUDGE. The hearing shall be presided over by an administra-
tive law judge designated pursuant to s. SPS 3.09.
(2) RECORD. A stenographic, electronic or other record shall
be made of all hearings in which the testimony of witnesses is
offered as evidence.
(3) EVIDENCE. The division and the respondent shall have the
right to appear in person or by counsel, to call, examine, and
crossexamine witnesses and to introduce evidence into the
record.
(4) BRIEFS. The administrative law judge may require the fil-
ing of briefs.
(5) MOTIONS. (a) How made. An application to the adminis-
trative law judge for an order shall be by motion which, unless
made during a hearing or prehearing conference, shall be in writ-
ing, state with particularity the grounds for the order, and set forth
the relief or order sought.
(b) Filing. A motion shall be filed with the administrative law
judge and a copy served upon the opposing party not later than 5
days before the time specified for hearing the motion.
(c) Supporting papers. Any briefs or other papers in support
of a motion, including affidavits and documentary evidence, shall
be filed with the motion.
(6) ADJOURNMENTS. The administrative law judge may, for
good cause, grant continuances, adjournments and extensions of
time.
with s. 885.01, Stats. Service shall be made in the manner pro-
vided in s. 805.07 (5), Stats. A subpoena may command the person
to whom it is directed to produce the books, papers, documents,
or tangible things designated therein.
(b) An administrative law judge may issue protective orders
according to the provisions of s. 805.07, Stats.
offices of the department in Madison unless the administrative
law judge determines that the health or safety of a witness or of a
party or an emergency requires that a hearing be held elsewhere.
History: Cr. Register, July, 1993, No. 451, eff. 8193; correction in (1) made
SPS 3.15 Witness fees and costs. Witnesses subpoe-
naed at the request of the division shall be entitled to compensa-
tion from the state for attendance and travel as provided in ch. 885,
Stats.
lowing basis:
Note: The State Operational Purchasing Bulletin may be obtained from the
Department of Administration, State Bureau of Procurement, 101 E. Wilson Street,
6th Floor, P.O. Box 7867, Madison, Wisconsin 537077867.
per page.
with a transcript without charge upon the filing of an affidavit
showing that the person is indigent according to the standards
adopted in rules of the state public defender under ch. 977, Stats.
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Chapter SPS 3
APPENDIX I
STATE OF WISCONSIN
BEFORE THE DEPARTMENT OF SAFETY AND PRO-
FESSIONAL SERVICES
IN THE MATTER OF A PETITION :
FOR AN ADMINISTRATIVE
INJUNCTION INVOLVING :
NOTICE OF
HEARING
( #1 ) , :
Respondent. :
NOTICE OF HEARING
TO: ( #2 )
You are hereby notified that a proceeding for an administra-
tive injunction has been commenced against you by the
Department of Safety and Professional Services. The peti-
tion attached to this Notice states the nature and basis of the
proceeding. This proceeding may result in a special order
against you under s. 440.21, Stats., enjoining you from the
continuation of a practice or use of a title.
A HEARING ON THE MATTERS CONTAINED IN
THE PETITION WILL BE HELD AT:
Date: ( #3 ) Time: ( #4 )
Location: Room ( #5 ),
Madison, Wisconsin
or as soon thereafter as the matter may be heard.
The questions to be determined at this hearing are whether
( #6 ).
Within 20 days from the date of service of the Notice, you
must respond with a written Answer to the allegations of the
Petition. You may have an attorney help or represent you.
Your Answer must follow the rules of pleading in s. SPS
3.08 of the Wisconsin Administrative Code. File your
Answer with the Administrative Law Judge for this matter
who is:
( #7 ), Administrative Law Judge,
Division of Hearings and Appeals, 5005 University Ave-
nue, Suite 201, P.O. Box 7875
Madison, Wisconsin 537055400
Please file a copy of your answer with the divisions attor-
ney, who is:
( #8 ), Division of Enforcement,
Department of Safety and Professional Services,
P.O. Box 8935, Madison, Wisconsin 53708
If you do not provide a proper Answer within 20 days or do
not appear for the hearing, you will be found to be in default
and a special order may be entered against you enjoining
you from the continuation of a practice or use of a title. If
a special order is issued as a result of this proceeding and
thereafter you violate the special order, you may be required
to forfeit not more than $10,000 for each offense.
You may be represented by an attorney at the hearing. This
proceeding is a class 2 proceeding as defined in s. 227.01 (3)
(b), Stats. If you choose to be represented by an attorney in
this proceeding, the attorney is requested to file a Notice of
Appearance with the Administrative Law Judge and the
division within 20 days after you receive this Notice.
The legal authority and procedures under which the hearing
is to be held are set forth in ss. 227.21, 440.44, ( #9 ), Stats.,
and ch. SPS 3, Wis. Admin. Code.
Dated at Madison, Wisconsin this _________day of
____________, 2_____.
______________________________
(...#10...), Attorney
INSERTIONS
1. Respondent
2. Respondent with address
3. Date of hearing
4. Time of hearing
5. Place of hearing
6. Issues for hearing
7. Administrative Law Judge
8. Division of Enforcement attorney
9. Legal authority (statute)
10. Division of Enforcement attorney
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Chapter SPS 4
DEPARTMENT APPLICATION PROCEDURES AND
APPLICATION FEE POLICIES
SPS 4.01 Authorization.
SPS 4.03 Time for review and determination of credential applications.
SPS 4.04 Fees for examinations, reexaminations and proctoring examinations.
SPS 4.05 Fee for test review.
SPS 4.06 Refunds.
SPS 4.07 Investigation.
SPS 4.08 Photographs and fingerprints.
SPS 4.09 Credential holder charges or convictions.
Note: Chapter RL 4 was renumbered chapter SPS 4 under s. 13.92 (4) (b) 1., Stats.,
Register November 2011 No. 671.
SPS 4.01 Authorization. The following rules are adopted
by the department of safety and professional services pursuant to
ss. 440.05, 440.06 and 440.07, Stats.
History: Cr. Register, October, 1978, No. 274, eff. 11178; am. Register, July,
1996, No. 487, eff. 8196; correction made under s. 13.92 (4) (b) 6., Stats., Register
SPS 4.02 Definitions. (1) Applicant means a person
who applies for a license, permit, certificate or registration
granted by the department or a board.
(1g) Arrest record means information indicating that an
individual has been apprehended, taken into custody or detention,
held for investigation, arrested, charged with, indicted or tried for
any felony, misdemeanor or other offense pursuant to any law
enforcement or military authority.
(2) Authority means the department or the attached examin-
ing board or board having authority to grant the credential for
which an application has been filed.
(3) Board means the board of nursing and any examining
board attached to the department.
(3e) Conviction record means information indicating that
an individual has been convicted of any felony, misdemeanor or
other offense, has been adjudicated delinquent, has been less than
honorably discharged, or has been placed on probation, fined,
imprisoned, placed on extended supervision or paroled pursuant
to any law enforcement or military authority.
(3m) Credential means a license, permit, or certificate of
certification or registration that is issued under chs. 440 to 480,
Stats.
(3s) Credentialing authority means the department or an
having authority to issue or deny a credential.
sional services.
(5) Examination means the written and practical tests
required of an applicant by the authority.
(5m) Investigate means to determine the arrest and convic-
tion record of an applicant or holder of a credential, including but
not limited to:
(a) Determining whether an applicant or holder of a credential
has been charged with or convicted of a crime.
(b) Determining the facts and circumstances surrounding an
arrest, criminal charge, or conviction.
(c) Determining the outcome and status of an arrest, criminal
charges or conviction record, including completion of sentence
imposed, probationary terms or parole.
(d) Requiring disclosure of arrest or conviction record by an
applicant.
(6) Service provider means a party other than the depart-
ment or board who provides examination services such as applica-
tion processing, examination products or administration of
examinations.
History: Cr. Register, October, 1978, No. 274, eff. 11178; renum. (1) to (4) to
be (4), (3), (1), (5) and am. (5), cr. (2) and (6), Register, July, 1996, No. 487, eff.
8196; CR 04097: cr. (1g), (3e), (3m), (3s) and (5m) Register May 2005 No. 593,
eff. 6105; correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register Novem-
ber 2011 No. 671.
SPS 4.03 Time for review and determination of cre-
dential applications. (1) TIME LIMITS. An authority shall
review and make a determination on an original application for a
credential within 60 business days after a completed application
is received by the authority unless a different period for review
and determination is specified by law.
(2) COMPLETED APPLICATIONS. An application is completed
when all materials necessary to make a determination on the
application and all materials requested by the authority have been
received by the authority.
(3) EFFECT OF DELAY. A delay by an authority in making a
determination on an application within the time period specified
in this section shall be reported to the permit information center
under s. 227.116, Stats. Delay by an authority in making a deter-
mination on an application within the time period specified in this
section does not relieve any person from the obligation to secure
approval from the authority nor affect in any way the authoritys
responsibility to interpret requirements for approval and to grant
or deny approval.
History: Cr. Register, August, 1992, No. 440, eff. 9192; renum. from RL 4.06
SPS 4.04 Fees for examinations, reexaminations
and proctoring examinations. (1) EXAMINATION FEE SCHED-
ULE. A list of all current examination fees may be obtained at no
charge from the Office of Examinations, Department of Safety
and Professional Services, 1400 East Washington Avenue, P.O.
Box 8935, Madison, WI 53708.
(3) EXPLANATION OF PROCEDURES FOR SETTING EXAMINATION
FEES. (a) Fees for examinations shall be established under s.
440.05 (1) (b), Stats., at the departments best estimate of the
actual cost of preparing, administering and grading the examina-
tion or obtaining and administering an approved examination
from a service provider.
(b) Examinations shall be obtained from a service provider
through competitive procurement procedures described in ch.
Adm 7.
(c) Fees for examination services provided by the department
shall be established based on an estimate of the actual cost of the
examination services. Computation of fees for examination ser-
vices provided by the department shall include standard compo-
nent amounts for contract administration services, test develop-
ment services and written and practical test administration
services.
(d) Examination fees shall be changed as needed to reflect
changes in the actual costs to the department. Changes to fees shall
be implemented according to par. (e).
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(e) Examination fees shall be effective for examinations held
45 days or more after the date of publication of a notice in applica-
tion forms. Applicants who have submitted fees in an amount less
than that in the most current application form shall pay the correct
amount prior to administration of the examination. Overpayments
shall be refunded by the department. Initial credential fees shall
become effective on the date specified by law.
(4) REEXAMINATION OF PREVIOUSLY LICENSED INDIVIDUALS.
Fees for examinations ordered as part of a disciplinary proceeding
or late renewal under s. 440.08 (3) (b), Stats., are equal to the fee
set for reexamination in the most recent examination application
form, plus $10 application processing.
(5) PROCTORING EXAMINATIONS FOR OTHER STATES. (a)
Examinations administered by an authority of the state may be
proctored for persons applying for credentials in another state if
the person has been determined eligible in the other state and
meets this states application deadlines. Examinations not admin-
istered by an authority of the state may only be proctored for Wis-
consin residents or licensees applying for credentials in another
state.
(b) Department fees for proctoring examinations of persons
who are applying for a credential in another state are equal to the
cost of administering the examination to those persons, plus any
additional cost charged to the department by the service provider.
History: Cr. Register, October, 1978, No. 274, eff. 11178; r. and recr. Register,
May, 1986, No. 365, eff. 6186; am. Register, December, 1986, No. 372, eff.
1187; am. Register, September, 1987, No. 381, eff. 10187; am. (3), Register,
September, 1988, No. 393, eff. 10188; am. (3), Register, September, 1990, No.
417, eff. 10190; r. and recr. (1) to (3), cr. (4), renum. Figure and am. Register, April,
1992, No. 436, eff. 5192; am. (4) Figure, cr. (5), Register, July, 1993, No. 451, eff.
8193; r. and recr. Register, November, 1993, No. 455, eff. 12193; r. (2), am. (3)
(a), (b), (c), (e), (4), (5), Register, July, 1996, No. 487, eff. 8196; correction in (1)
made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671.
SPS 4.05 Fee for test review. (1) The fee for supervised
review of examination results by a failing applicant which is con-
ducted by the department is $28.
(2) The fee for review of examination results by a service pro-
vider is the fee established by the service provider.
History: Cr. Register, April, 1992, No. 436, eff. 5192; am. Register, July, 1996,
No. 487, eff. 8196.
SPS 4.06 Refunds. (1) A refund of all but $10 of the
applicants examination fee and initial credential fee submitted to
the department shall be granted if any of the following occurs:
(a) An applicant is found to be unqualified for an examination
administered by the authority.
(b) An applicant is found to be unqualified for a credential for
which no examination is required.
(c) An applicant withdraws an application by written notice to
the authority at least 10 days in advance of any scheduled
examination.
(d) An applicant who fails to take an examination administered
by the authority either provides written notice at least 10 days in
advance of the examination date that the applicant is unable to
take the examination, or if written notice was not provided, sub-
mits a written explanation satisfactory to the authority that the
applicants failure to take the examination resulted from extreme
personal hardship.
(2) An applicant eligible for a refund may forfeit the refund
and choose instead to take an examination administered by the
authority within 18 months of the originally scheduled examina-
tion at no added fee.
(3) An applicant who misses an examination as a result of
being called to active military duty shall receive a full refund. The
applicant requesting the refund shall supply a copy of the call up
orders or a letter from the commanding officer attesting to the call
up.
(4) Applicants who pay fees to service providers other than
the department are subject to the refund policy established by the
service provider.
History: Cr. Register, October, 1978, No. 274, eff. 11178; am. (2) (intro.), Reg-
ister, May, 1986, No. 365, eff. 6186; am. (1) and (2) (intro.), renum. (2) (c) and (3)
to be (3) and (4), cr. (5), Register, September, 1987, No. 381, eff. 10187; r. and recr.
(1) and (4), Register, April, 1992, No. 436, eff. 5192; r. (2), renum. (3) to (5) to be
(2) to (4), Register, July, 1993, No. 451, eff. 8193; renum. from RL 4.03 and am.,
Register, July, 1996, No. 487, eff. 8196.
SPS 4.07 Investigation. The department shall investigate
whether an applicant for any of the following credentials has been
charged with or convicted of a crime:
(1) Accountant, certified public.
(2) Acupuncturist.
(3) Advanced practice nurse prescriber.
(4) Aesthetician.
(5) Aesthetics instructor.
(6) Appraiser, real estate, certified general.
(7) Appraiser, real estate, certified residential.
(8) Appraiser, real estate, licensed.
(9) Architect.
(10) Athlete agent.
(11) Athletic trainer.
(12) Auctioneer.
(13) Audiologist.
(14) Barber or cosmetologist.
(15) Barbering or cosmetology instructor.
(16) Barbering or cosmetology manager.
(17) Boxer.
(18) Cemetery preneed seller.
(19) Cemetery salesperson.
(20) Chiropractor.
(21) Dental hygienist.
(22) Dentist.
(23) Designer of engineering systems.
(24) Dietitian.
(25) Drug distributor.
(26) Drug manufacturer.
(27) Electrologist.
(28) Electrology instructor.
(29) Engineer, professional.
(30) Fundraising counsel.
(31) Funeral director.
(32) Hearing instrument specialist.
(33) Home inspector.
(34) Landscape architect.
(35) Land surveyor.
(36) Manicuring instructor.
(37) Manicurist.
(38) Marriage and family therapist.
(39) Massage therapist or bodyworker.
(40) Music, art or dance therapist.
(41) Nurse, licensed practical.
(42) Nurse, registered.
(43) Nursemidwife.
(44) Nursing home administrator.
(45) Occupational therapist.
(46) Occupational therapy assistant.
(47) Optometrist.
(48) Perfusionist.
(49) Pharmacist.
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(50) Physical therapist.
(51) Physical therapist assistant.
(52) Physician.
(53) Physician assistant.
(54) Podiatrist.
(55) Private detective.
(56) Private practice school psychologist.
(57) Private security person.
(58) Professional counselor.
(59) Professional fundraiser.
(60) Professional geologist.
(61) Professional hydrologist.
(62) Professional soil scientist.
(63) Psychologist.
(64) Real estate broker.
(65) Real estate salesperson.
(66) Registered interior designer.
(66m) Registered sanitarian.
(67) Respiratory care practitioner.
(68) Social worker.
(69) Social worker, advanced practice.
(70) Social worker, independent.
(71) Social worker, independent clinical.
(72) Speechlanguage pathologist.
(73) Timeshare salesperson.
(74) Veterinarian.
(75) Veterinary technician.
History: CR 04097: cr. Register May 2005 No. 593, eff. 6105; CR 06125:
cr. (66m) Register July 2007 No. 619, eff. 8107.
SPS 4.08 Photographs and fingerprints. (1) The
department may require an applicant for any of the credentials set
forth in s. SPS 4.07 and not listed in sub. (2) to be photographed
and fingerprinted as a part of the credentialing process, if there
exits reason to believe that the applicant has failed to accurately
describe his or her conviction record. The department may refer
photographs and fingerprints so obtained to the department of jus-
tice for internal analysis or submission to the federal bureau of
investigation for the purpose of verifying the identity of the appli-
cant fingerprinted and obtaining records of his or her criminal
arrests and convictions.
(2) The department shall require an applicant for a physician
license under s. 448.02 to be fingerprinted on 2 fingerprint cards,
each bearing a complete set of the applicants fingerprints. The
department of justice may submit the fingerprint cards to the fed-
eral bureau of investigation for the purpose of verifying the iden-
tity of the applicant fingerprinted and obtaining records of his or
her criminal arrests and convictions. The department shall charge
the applicant any fees, costs, or other expenses incurred in con-
ducting any investigation under this rule.
History: CR 04097: cr. Register May 2005 No. 593, eff. 6105; correction
made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 11027:
renum 4.08 to be 4.08 (1) and am., cr. (2) Register January 2012 No. 673, eff.
2112.
SPS 4.09 Credential holder charges or convictions.
(1) Pursuant to the procedures set forth in ch. SPS 2 for the
screening of informal complaints, the department may investigate
whether a holder of any of the credentials set forth in s. SPS 4.07
has been arrested, charged with or convicted of a crime for the pur-
poses of determining whether the circumstances of the arrest,
charge or conviction substantially relate to the circumstances of
the credentialed activity.
(2) A holder of any of the credentials set forth in s. SPS 4.07
who is convicted of a felony or misdemeanor in this state or else-
where shall notify the department in writing of the date, place and
nature of the conviction or finding within 48 hours after the entry
of the judgment of conviction. Notice shall be made by mail and
shall be proven by showing proof of the date of mailing the notice.
Notice shall include a copy of the judgment of conviction and a
copy of the complaint or other information which describes the
nature of the crime and the judgment of conviction in order that
the department may determine whether the circumstances of the
crime of which the credential holder was convicted are substan-
tially related to the practice of the credential holder.
(3) As a part of an investigation the department may require
a holder of any of the credentials set forth in s. SPS 4.07 to be
photographed and fingerprinted, if the credential holders arrest
or conviction record is relevant to the investigation and a search
based solely upon the credential holders name is unlikely to pro-
vide complete and accurate information. The department may
refer photographs and fingerprints so obtained to the department
of justice for internal analysis or submission of the fingerprint
cards to the federal bureau of investigation for the purpose of veri-
fying the identity of the persons fingerprinted and obtaining
records of their criminal arrests and convictions.
History: CR 04097: cr. Register May 2005 No. 593, eff. 6105; correction in
(1), (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.
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Chapter SPS 6
SUMMARY SUSPENSIONS
SPS 6.01 Authority and intent.
SPS 6.02 Scope.
SPS 6.04 Petition for summary suspension.
SPS 6.05 Notice of petition to respondent.
SPS 6.06 Issuance of summary suspension order.
SPS 6.07 Contents of summary suspension order.
SPS 6.08 Service of summary suspension order.
SPS 6.09 Hearing to show cause.
SPS 6.10 Commencement of disciplinary proceeding.
SPS 6.11 Delegation.
SPS 6.01 Authority and intent. (1) This chapter is
adopted pursuant to authority in ss. 227.11 (2) (a) and 440.03 (1),
Stats., and interprets s. 227.51 (3), Stats.
(2) The intent of the department in creating this chapter is to
specify uniform procedures for summary suspension of licenses,
permits, certificates or registrations issued by the department or
any board attached to the department in circumstances where the
public health, safety or welfare imperatively requires emergency
action.
History: Cr. Register, May, 1988, No. 389, eff. 6188.
SPS 6.02 Scope. This chapter governs procedures in all
summary suspension proceedings against licensees before the
department or any board attached to the department. To the extent
that this chapter is not in conflict with s. 448.02 (4), Stats., the
chapter shall also apply in proceedings brought under that section.
(1) Board means the bingo control board, real estate board
or any examining board attached to the department.
sional services.
(3) Disciplinary proceeding means a proceeding against
one or more licensees in which a licensing authority may deter-
mine to revoke or suspend a license, to reprimand a licensee, or
to limit a license.
(4) License means any license, permit, certificate, or regis-
tration granted by a board or the department or a right to renew a
license, permit, certificate or registration granted by a board or the
department.
(5) Licensee means a person, partnership, corporation or
association holding any license.
(6) Licensing authority means the bingo control board, real
estate board or any examining board attached to the department,
the department for licenses granted by the department, or one act-
ing under a boards or the departments delegation under s. SPS
6.11.
(7) Petitioner means the division of enforcement in the
department.
(8) Respondent means a licensee who is named as respon-
dent in a petition for summary suspension.
History: Cr. Register, May, 1988, No. 389, eff. 6188; correction in (2), (6)
made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671.
SPS 6.04 Petition for summary suspension. (1) A
petition for a summary suspension shall state the name and posi-
tion of the person representing the petitioner, the address of the
petitioner, the name and licensure status of the respondent, and an
assertion of the facts establishing that the respondent has engaged
in or is likely to engage in conduct such that the public health,
safety or welfare imperatively requires emergency suspension of
the respondents license.
(2) A petition for a summary suspension order shall be signed
upon oath by the person representing the petitioner and may be
made on information and belief.
(3) The petition shall be presented to the appropriate licensing
authority.
SPS 6.05 Notice of petition to respondent. Prior to the
presenting of the petition, the petitioner shall give notice to the
respondent or respondents attorney of the time and place when
the petition will be presented to the licensing authority. Notice
may be given by mailing a copy of the petition and notice to the
lastknown address of the respondent as indicated in the records
of the licensing authority as provided in s. 440.11 (2), Stats., as
created by 1987 Wis. Act 27. Notice by mail is complete upon
mailing. Notice may also be given by any procedure described in
s. 801.11, Stats.
SPS 6.06 Issuance of summary suspension order.
(1) If the licensing authority finds that notice has been given
under s. SPS 6.05 and finds probable cause to believe that the
respondent has engaged in or is likely to engage in conduct such
that the public health, safety or welfare imperatively requires
emergency suspension of the respondents license, the licensing
authority may issue an order for summary suspension. The order
may be issued at any time prior to or subsequent to the commence-
ment of a disciplinary proceeding under s. SPS 2.04.
(2) The petitioner may establish probable cause under sub. (1)
by affidavit or other evidence.
(3) The summary suspension order shall be effective upon ser-
vice under s. SPS 6.08, or upon actual notice of the summary sus-
pension order to the respondent or respondents attorney, which-
ever is sooner, and continue through the effective date of the final
decision and order made in the disciplinary proceeding against the
respondent, unless the license is restored under s. SPS 6.09 prior
to a formal disciplinary hearing.
History: Cr. Register, May, 1988, No. 389, eff. 6188; correction in (1), (3)
made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.
SPS 6.07 Contents of summary suspension order.
The summary suspension order shall include the following:
(1) A statement that the suspension order is in effect and con-
tinues until the effective date of a final order and decision in the
disciplinary proceeding against the respondent, unless otherwise
ordered by the licensing authority;
(2) Notification of the respondents right to request a hearing
to show cause why the summary suspension order should not be
continued;
(3) The name and address of the licensing authority with
whom a request for hearing should be filed;
(4) Notification that the hearing to show cause shall be sched-
uled for hearing on a date within 20 days of receipt by the licensing
authority of respondents request for hearing, unless a later time
is requested by or agreed to by the respondent;
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(5) The identification of all witnesses providing evidence at
the time the petition for summary suspension was presented and
identification of the evidence used as a basis for the decision to
issue the summary suspension order;
(6) The manner in which the respondent or the respondents
attorney was notified of the petition for summary suspension; and
(7) A finding that the public health, safety or welfare impera-
tively requires emergency suspension of the respondents license.
SPS 6.08 Service of summary suspension order. An
order of summary suspension shall be served upon the respondent
in the manner provided in s. 801.11, Stats., for service of sum-
mons.
SPS 6.09 Hearing to show cause. (1) The respondent
shall have the right to request a hearing to show cause why the
summary suspension order should not be continued until the
effective date of the final decision and order in the disciplinary
action against the respondent.
(2) The request for hearing to show cause shall be filed with
the licensing authority which issued the summary suspension
order. The hearing shall be scheduled and heard promptly by the
licensing authority but no later than 20 days after the filing of the
request for hearing with the licensing authority, unless a later time
is requested by or agreed to by the licensee.
(3) At the hearing to show cause the petitioner and the respon-
dent may testify, call, examine and crossexamine witnesses, and
offer other evidence.
(4) At the hearing to show cause the petitioner has the burden
to show by a preponderance of the evidence why the summary
suspension order should be continued.
(5) At the conclusion of the hearing to show cause the licens-
ing authority shall make findings and an order. If it is determined
that the summary suspension order should not be continued, the
suspended license shall be immediately restored.
SPS 6.10 Commencement of disciplinary proceed-
ing. (1) A notice of hearing commencing a disciplinary proceed-
ing under s. SPS 2.06 against the respondent shall be issued no
later than 10 days following the issuance of the summary suspen-
sion order or the suspension shall lapse on the tenth day following
issuance of the summary suspension order. The formal disciplin-
ary proceeding shall be determined promptly.
(2) If at any time the disciplinary proceeding is not advancing
with reasonable promptness, the respondent may make a motion
to the hearing officer or may directly petition the appropriate
board, or the department, for an order granting relief.
(3) If it is found that the disciplinary proceeding is not advanc-
ing with reasonable promptness, and the delay is not as a result of
the conduct of respondent or respondents counsel, a remedy, as
would be just, shall be granted including:
(a) An order immediately terminating the summary suspen-
sion; or
(b) An order compelling that the disciplinary proceeding be
held and determined by a specific date.
History: Cr. Register, May, 1988, No. 389, eff. 6188; correction in (1) made
SPS 6.11 Delegation. (1) A board may by a twothirds
vote:
(a) Designate under s. 227.46 (1), Stats., a member of the board
or an employee of the department to rule on a petition for summary
suspension, to issue a summary suspension order, and to preside
over and rule in a hearing provided for in s. SPS 6.09; or
(b) Appoint a panel of no less than twothirds of the member-
ship of the board to rule on a petition for summary suspension, to
issue a summary suspension order, and to preside over and rule in
a hearing provided for in s. SPS 6.09.
(2) In matters in which the department is the licensing author-
ity, the department secretary or the secretarys designee shall rule
on a petition for summary suspension, issue a summary suspen-
sion order, and preside over and rule in a hearing provided for in
s. SPS 6.09.
(3) Except as provided in s. 227.46 (3), Stats., a delegation of
authority under subs. (1) and (2) may be continuing.
History: Cr. Register, May, 1988, No. 389, eff. 6188; correction in (1) (a), (b),
(2) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.
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Chapter SPS 7
PROFESSIONAL ASSISTANCE PROCEDURE
SPS 7.01 Authority and intent.
SPS 7.03 Referral to and eligibility for the procedure.
SPS 7.04 Requirements for participation.
SPS 7.05 Agreement for participation.
SPS 7.06 Standards for approval of treatment facilities or individual therapists.
SPS 7.07 Intradepartmental referral.
SPS 7.08 Records.
SPS 7.09 Report.
SPS 7.10 Applicability of procedures to direct licensing by the department.
SPS 7.11 Approval of drug testing programs.
Stats., Register November 2011 No. 671
SPS 7.01 Authority and intent. (1) The rules in this
chapter are adopted pursuant to authority in ss. 15.08 (5) (b),
51.30, 146.82, 227.11 and 440.03, Stats.
(2) The intent of the department in adopting rules in this chap-
ter is to protect the public from credential holders who are
impaired by reason of their abuse of alcohol or other drugs by pro-
moting early identification of chemically dependent professionals
and encouraging rehabilitation. This goal will be advanced by
providing an option that may be used in conjunction with the for-
mal disciplinary process for qualified credential holders com-
mitted to their own recovery. This procedure is intended to apply
when allegations are made that a credential holder has practiced
a profession while impaired by alcohol or other drugs or whose
ability to practice is impaired by alcohol or other drugs or when
a credential holder contacts the department and requests to partici-
pate in the procedure. It may be used in conjunction with the for-
mal disciplinary process in situations where allegations exist that
a credential holder has committed misconduct, negligence or
violations of law, other than practice while impaired by alcohol or
other drugs. The procedure may then be utilized to promote early
identification of chemically dependent professionals and encour-
age their rehabilitation. Finally, the departments procedure does
not seek to diminish the prosecution of serious violations but
rather it attempts to address the problem of alcohol and other drug
abuse within the enforcement jurisdiction of the department.
(3) In administering this program, the department intends to
encourage board members to share professional expertise so that
all boards in the department have access to a range of professional
expertise to handle problems involving impaired professionals.
History: Cr. Register, January, 1991, No. 421, eff. 2191; am. (2), Register, July,
1996, No. 487, eff. 8196; CR 10081: am. (2) Register December 2010 No. 660,
eff. 1111.
(1) Board means any board, examining board or affiliated
credentialing board attached to the department.
(2) Board liaison means the board member designated by
the board or the secretary or the secretarys designee as responsi-
ble for approving credential holders for the professional assist-
ance procedure under s. SPS 7.03, for monitoring compliance
with the requirements for participation under s. SPS 7.04, and for
performing other responsibilities delegated to the board liaison
under these rules.
(2a) Coordinator means a department employee who coor-
dinates the professional assistance procedure.
(2b) Credential holder means a person holding any license,
permit, certificate or registration granted by the department or any
board. For purposes of this chapter, credential holder includes
a person with a pending application for a credential for a period
not to exceed one year from the date the application for the creden-
tial was submitted to the department.
sional services.
department.
(5) Informal complaint means any written information sub-
mitted by any person to the division, department or any board
which requests that a disciplinary proceeding be commenced
against a credential holder or which alleges facts, which if true,
warrant discipline. Informal complaint includes requests for
disciplinary proceedings under s. 440.20, Stats.
(6) Medical review officer means a medical doctor or doc-
tor of osteopathy who is a licensed physician and who has knowl-
edge of substance abuse disorders and has appropriate medical
training to interpret and evaluate an individuals confirmed posi-
tive test result together with an individuals medical history and
any other relevant biomedical information.
(7) Procedure means the professional assistance procedure.
(8) Program means any entity approved by the department
to provide the full scope of drug testing services for the depart-
ment.
History: Cr. Register, January, 1991, No. 421, eff. 2191; am. (1), (2), (5), cr.
(2a), (2b), r. (6), Register, July, 1996, No. 487, eff. 8196; cr. (6) and (8), Register,
January, 2001, No. 541, eff. 2101; CR 10081: am. (1) to (2b), (7) Register Decem-
ber 2010 No. 660, eff. 1111; correction in (2), (3) made under s. 13.92 (4) (b) 6.,
7., Register November 2011 No. 671.
SPS 7.03 Referral to and eligibility for the proce-
dure. (1) A credential holder who contacts the department and
requests to participate in the procedure shall be referred to the
board liaison and the coordinator for determination of acceptance
into the procedure.
(2) A credential holder who has been referred to the procedure
and considered for eligibility shall be provided with an application
for participation.
(3) All informal complaints involving allegations of impair-
ment due to alcohol or chemical dependency shall be screened and
investigated pursuant to s. SPS 2.035. After investigation, infor-
mal complaints involving impairment may be referred to the pro-
cedure along with a summary of the investigative results in the
form of a draft statement of conduct to be used as a basis for the
statement of conduct under s. SPS 7.05 (1) (a) and considered for
eligibility for the procedure or for formal disciplinary proceedings
under ch. SPS 2. The credential holder shall be provided with a
written explanation of the credential holders options for resolu-
tion of the matter through participation in the procedure and of the
formal disciplinary process pursuant to ch. SPS 2.
(4) Eligibility for the procedure shall be determined by the
board liaison and coordinator who shall review all relevant mate-
rials including investigative results and the credential holders
application for participation. Eligibility shall be determined upon
criteria developed by the coordinator in consultation with the dis-
ciplinary authority. The decision on eligibility shall be consistent
with the purposes of these procedures as described in s. SPS 7.01
(2). Credential holders who have committed violations of law
may be eligible for the procedure. The board liaison shall have
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responsibility to make the determination of eligibility for the pro-
cedure.
(5) The credential holder shall obtain a comprehensive assess-
ment for chemical dependency from a treatment facility or indi-
vidual therapist approved under s. SPS 7.06. The credential
holder shall arrange for the treatment facility or individual thera-
pist to file a copy of its assessment with the board liaison or coordi-
nator. The board liaison and the credential holder may agree to
waive this requirement. The obtaining of the assessment shall not
delay admission into the procedure.
(6) If a credential holder is determined to be ineligible for the
procedure, the credential holder may be referred to the division for
prosecution.
(7) A credential holder determined to be ineligible for the pro-
cedure by the board liaison or the department may, within 10 days
of notice of the determination, request the credentialing authority
to review the adverse determination.
History: Cr. Register, January, 1991, No. 421, eff. 2191; am. (2) to (6), Register,
July, 1996, No. 487, eff. 8196; CR 10081: renum. (1) and (3) to (6) to be (3) to
(7) and am. (3) to (6), cr. (1), am. (2) Register December 2010 No. 660, eff. 1111;
correction in (3), (4), (5) made under s. 13.92 (4) (b) 7., Stats., Register November
2011 No. 671.
SPS 7.04 Requirements for participation. (1) A cre-
dential holder who participates in the procedure shall:
(a) Sign an agreement for participation under s. SPS 7.05.
(b) Remain free of alcohol, controlled substances, and pre-
scription drugs, unless prescribed for a valid medical purpose.
(c) Timely enroll and participate in a program for the treatment
of chemical dependency conducted by a facility or individual
therapist approved pursuant to s. SPS 7.06.
(d) Comply with any treatment recommendations and work
restrictions or conditions deemed necessary by the board liaison
or department.
(e) Submit random monitored physiological specimens for the
purpose of screening for alcohol or controlled substances pro-
vided by a drug testing program approved by the department
under s. SPS 7.11, as required.
(f) Execute releases valid under state and federal law to allow
access to the credential holders counseling, treatment and moni-
toring records.
(g) Have the credential holders supervising therapist and
work supervisors file quarterly reports with the coordinator.
(h) Notify the coordinator of any changes in the credential
holders employer within 5 days.
(i) File quarterly reports documenting the credential holders
attendance at meetings of selfhelp groups such as alcoholics
anonymous or narcotics anonymous.
(2) If the board liaison or department determines, based on
consultation with the person authorized to provide treatment to the
credential holder or monitor the credential holders enrollment or
participation in the procedure, or monitor any drug screening
requirements or restrictions on employment under sub. (1), that a
credential holder participating in the procedure has failed to meet
any of the requirements set under sub. (1), the board liaison may
refer the credential holder to the division. A failure to maintain
abstinence is considered a relapse and shall be reviewed by the
board liaison to determine whether the credential holder should be
referred to the division. The board liaison may review the com-
plete record in making this determination.
(3) If a credential holder violates the agreement and no refer-
ral to the division occurs, then a new admission under s. SPS 7.05
(1) (a) shall be obtained for relapses and for misconduct, negli-
gence or violations of law which are substantial. If a new admis-
sion is not obtained, then a referral to the division by the coordina-
tor shall occur.
History: Cr. Register, January, 1991, No. 421, eff. 2191; am. Register, July,
1996, No. 487, eff. 8196; am. (1) (e), Register, January, 2001, No. 541, eff. 2101;
CR 10081: am. (1) (e), (f), (2), (3) Register December 2010 No. 660, eff. 1111;
correction in (1) (a), (c), (e), (3) made under s. 13.92 (4) (b) 7., Stats., Register
SPS 7.05 Agreement for participation. (1) The agree-
ment for participation in the procedure shall at a minimum
include:
(a) A statement describing conduct the credential holder
agrees occurred relating to participation in the procedure and an
agreement that the statement may be used as evidence in any disci-
plinary proceeding under ch. SPS 2.
(b) An acknowledgement by the credential holder of the need
for treatment for chemical dependency;
(c) An agreement to participate at the credential holders
expense in an approved treatment regimen.
(d) An agreement to submit to random monitored drug screens
provided by a drug testing program approved by the department
under s. SPS 7.11 at the credential holders expense, if deemed
necessary by the board liaison.
(e) An agreement to submit to practice restrictions at any time
during the treatment regimen as deemed necessary by the board
liaison.
(f) An agreement to furnish the coordinator with signed con-
sents for release of information from treatment providers and
employers authorizing the release of information to the coordina-
tor and board liaison for the purpose of monitoring the credential
holders participation in the procedure.
(g) An agreement to authorize the board liaison or coordinator
to release information described in pars. (a), (c) and (e), the fact
that a credential holder has been dismissed under s. SPS 7.07 (3)
(a) or violated terms of the agreement in s. SPS 7.04 (1) (b) to (e)
and (h) concerning the credential holders participation in the pro-
cedure to the employer, therapist or treatment facility identified by
the credential holder and an agreement to authorize the coordina-
tor to release the results of random monitored drug screens under
par. (d) to the therapist identified by the credential holder.
(h) An agreement to participate in the procedure for a period
of time as established by the board.
(2) The board liaison may include additional requirements for
an individual credential holder, if the circumstances of the infor-
mal complaint or the credential holders condition warrant addi-
tional safeguards.
(3) The board or board liaison may include a promise of confi-
dentiality that all or certain records shall remain closed and not
available for public inspection and copying. Any promise is sub-
ject to s. SPS 7.08 and ends upon a referral to the division. Infor-
mation and records may be made available to staff within the
department on an asneeded basis, to be determined by the coordi-
nator.
History: Cr. Register, January, 1991, No. 421, eff. 2191; am. (1) (a) to (g) and
(2), Register, July, 1996, No. 487, eff. 8196; am. (1) (d), Register, January, 2001,
No. 541, eff. 21011; CR 10081: am. (3) Register December 2010 No. 660, eff.
1111; correction in (1) (a), (d), (g), (3) made under s. 13.92 (4) (b) 7., Stats., Reg-
ister November 2011 No. 671.
SPS 7.06 Standards for approval of treatment facili-
ties or individual therapists. (1) The board or board liaison
shall approve a treatment facility designated by a credential holder
for the purpose of participation in the procedure if:
(a) The facility is certified by appropriate national or state cer-
tification agencies.
(b) The treatment program focus at the facility is on the indi-
vidual with drug and alcohol abuse problems.
(c) Facility treatment plans and protocols are available to the
board liaison and coordinator.
(d) The facility, through the credential holders supervising
therapist, agrees to file reports as required, including quarterly
progress reports and immediate reports if a credential holder with-
draws from therapy, relapses, or is believed to be in an unsafe con-
dition to practice.
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(2) As an alternative to participation by means of a treatment
facility, a credential holder may designate an individual therapist
for the purpose of participation in the procedure. The board liai-
son shall approve an individual therapist who:
(a) Has credentials and experience determined by the board
liaison to be in the credential holders area of need.
(b) Agrees to perform an appropriate assessment of the creden-
tial holders therapeutic needs and to establish and implement a
comprehensive treatment regimen for the credential holder.
(c) Forwards copies of the therapists treatment regimen and
office protocols to the coordinator.
(d) Agrees to file reports as required to the coordinator, includ-
ing quarterly progress reports and immediate reports if a creden-
tial holder withdraws from therapy, relapses, or is believed to be
in an unsafe condition to practice.
(3) If a board liaison does not approve a treatment facility or
therapist as requested by the credential holder, the credential
holder may, within 10 days of notice of the determination, request
the board to review the board liaisons adverse determination.
1996, No. 487, eff. 8196; r. (1) (d) and (2) (d), renum. (1) (e) and (2) (e) to be (1)
(d) and (2) (d) and am., Register, January, 2001, No. 541, eff. 2101.
SPS 7.07 Intradepartmental referral. (2) The division
may refer individuals named in informal complaints to the board
liaison for acceptance into the procedure.
(3) The board liaison may refer cases involving the following
to the division for investigation or prosecution:
(a) Credential holders participating in the procedure who fail
to meet the requirements of their rehabilitation program.
(b) Credential holders who apply and who are determined to
be ineligible for the procedure where the board liaison is in posses-
sion of information indicating misconduct, negligence or a viola-
tion of law.
(c) Credential holders who do not complete an agreement for
participation where the board liaison is in possession of informa-
tion indicating misconduct, negligence or a violation of law.
(d) Credential holders initially referred by the division to the
board liaison who fail to complete an agreement for participation.
(e) Credential holders who request early termination of an
agreement for participation. In making the decision if a referral
should occur, the board liaison shall consider whether the creden-
tial holders therapist approves the early termination and whether
this opinion is supported by a second therapist selected by the
department who shall always be consulted and shall concur.
(4) The board liaison shall refer credential holders who
relapse in the context of the work setting to the division for inves-
tigation and prosecution. A credential holder referred under this
subsection who has not been dismissed from the procedure may
continue to participate in the procedure.
History: Cr. Register, January, 1991, No. 421, eff. 2191; am. (1), (3) (a) to (d),
Register, July, 1996, No. 487, eff. 8196; CR 10081: r. (1), am. (3) (a), (b), (c), cr.
(3) (e), (4) Register December 2010 No. 660, eff. 1111.
SPS 7.08 Records. (1) CUSTODIAN. All records relating
to the procedure including applications for participation, agree-
ments for participation and reports of participation shall be main-
tained in the custody of the department secretary or the secretarys
designee.
(2) AVAILABILITY OF PROCEDURE RECORDS FOR PUBLIC INSPEC-
TION. Any requests to inspect procedure records shall be made to
the custodian. The custodian shall evaluate each request on a case
by case basis using the applicable law relating to open records and
giving appropriate weight to relevant factors in order to determine
whether public interest in nondisclosure outweighs the public
interest in access to the records, including the reputational inter-
ests of the credential holder, the importance of confidentiality to
the functional integrity of the procedure, the existence of any
promise of confidentiality, statutory or common law rules which
accord a status of confidentiality to the records and the likelihood
that release of the records will impede an investigation. The fact
of a credential holders participation in the procedure and the sta-
tus of that participation may be disclosed to credentialing authori-
ties of other jurisdictions.
(3) TREATMENT RECORDS. Treatment records concerning indi-
viduals who are receiving or who at any time have received ser-
vices for mental illness, developmental disabilities, alcoholism,
or drug dependence which are maintained by the department, by
county departments under s. 51.42 or 51.437, Stats., and their
staffs and by treatment facilities are confidential under s. 51.30,
Stats., and shall not be made available for public inspection.
(4) PATIENT HEALTH CARE RECORDS. Patient health care records
are confidential under s. 146.82, Stats., and shall not be made
available to the public without the informed consent of the patient
or of a person authorized by the patient or as provided under s.
146.82 (2), Stats.
History: Cr. Register, January, 1991, No. 421, eff. 2191; am. (2), Register, July,
1996, No. 487, eff. 8196; CR 10081: am. (2) Register December 2010 No. 660,
eff. 1111.
SPS 7.09 Report. The board liaison or coordinator shall
report on the procedure to the board at least twice a year and if
requested to do so by a board.
1996, No. 487, eff. 8196.
SPS 7.10 Applicability of procedures to direct
licensing by the department. This procedure may be used by
the department in resolving complaints against persons licensed
directly by the department if the department has authority to disci-
pline the credential holder. In such cases, the department secre-
tary shall have the authority and responsibility of the board as
the term is used in the procedure and shall designate an employee
to perform the responsibilities of the board liaison.
1996, No. 487, eff. 8196.
SPS 7.11 Approval of drug testing programs. The
department shall approve drug testing programs for use by cre-
dential holders who participate in drug and alcohol monitoring
programs pursuant to agreements between the department or
boards and credential holders, or pursuant to disciplinary orders.
To be approved as a drug testing program for the department, pro-
grams shall satisfactorily meet all of the following standards in the
areas of program administration, collection site administration,
laboratory requirements and reporting requirements:
(1) Program administration requirements are:
(a) The program shall enroll participants by setting up an
account, establishing a method of payment and supplying pre-
printed chainofcustody forms.
(b) The program shall provide the participant with the address
and phone number of the nearest collection sites and shall assist
in locating a qualified collection site when traveling outside the
local area.
(c) Random selection of days when participants shall provide
specimens shall begin upon enrollment and the program shall
notify designated department staff that selection has begun.
(d) The program shall maintain a nationwide tollfree access
or an internet website that is operational 24 hours per day, 7 days
per week to inform participants of when to provide specimens and
is able to document the date and time of contacts by credential
holders.
(e) The program shall maintain and make available to the
department and treatment providers through an internet website
data that are updated on a daily basis verifying the date and time
each participant was notified after random selection to provide a
specimen, the date, time and location each specimen was col-
lected, the results of drug screen and whether or not the participant
complied as directed.
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(f) The program shall maintain internal and external quality of
test results and other services.
(g) The program shall maintain the confidentiality of partici-
pants in accordance with s. 146.82, Stats.
(h) The program shall inform participants of the total cost for
each drug screen including the cost for program administration,
collection, transportation, analysis, reporting and confirmation.
Total cost shall not include the services of a medical review offi-
cer.
(i) The program shall immediately report to the department if
the program, laboratory or any collection site fails to comply with
this section. The department may remove a program from the
approved list if the program fails to comply with this section.
(j) The program shall make available to the department experts
to support a test result for 5 years after the test results are released
to the department.
(k) The program shall not sell or otherwise transfer or transmit
names and other personal identification information of the partici-
pants to other persons or entities without permission from the
department. The program shall not solicit from participants pres-
ently or formerly in the monitoring program or otherwise contact
participants except for purposes consistent with administering the
program and only with permission from the department.
(L) The program and laboratory shall not disclose to the partic-
ipant or the public the specific drugs tested.
(2) Collection site administration requirements are:
(a) The program shall locate, train and monitor collection sites
for compliance with the U.S. department of transportation collec-
tion protocol under 49 CFR 40.
(b) The program shall require delivery of specimens to the lab-
oratory within 24 hours of collection.
(3) Laboratory requirements are:
(a) The program shall utilize a laboratory that is certified by
the U.S. department of health and human services, substance
abuse and mental health services administration under 49 CFR 40.
If the laboratory has had adverse or corrective action, the depart-
ment shall evaluate the laboratorys compliance on a case by case
basis.
(b) The program shall utilize a laboratory capable of analyzing
specimens for drugs specified by the department.
(c) Testing of specimens shall be initiated within 48 hours of
pickup by courier.
(d) All positive drug screens shall be confirmed utilizing gas
chromatography in combination with mass spectrometry, mass
spectrometry, or another approved method.
(e) The laboratory shall allow department personnel to tour
facilities where participant specimens are tested.
(4) The requirements for reporting of results are:
(a) The program shall provide results of each specimen to des-
ignated department personnel within 24 hours of processing.
(b) The program shall inform designated department person-
nel of confirmed positive test results on the same day the test
results are confirmed or by the next business day if the results are
confirmed after hours, on the weekend or on a state or federal holi-
day.
(c) The program shall fax, email or electronically transmit
laboratory copies of drug test results at the request of the depart-
ment.
(d) The program shall provide a medical review officer upon
request and at the expense of the participant, to review disputed
positive test results.
(e) The program shall provide chainofcustody transfer of
disputed specimens to an approved independent laboratory for
retesting at the request of the participant or the department.
History: Cr. Register, January, 2001, No. 541, eff. 2101; CR 10081: am. (1)
(d), (e) Register December 2010 No. 660, eff. 1111.
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Chapter SPS 8
ADMINISTRATIVE WARNINGS
SPS 8.01 Authority and scope.
SPS 8.03 Findings before issuance of an administrative warning.
SPS 8.04 Issuance of an administrative warning.
SPS 8.05 Request for a review of an administrative warning.
SPS 8.06 Procedures.
SPS 8.01 Authority and scope. Rules in this chapter are
adopted under the authority of s. 440.205, Stats., to establish uni-
form procedures for the issuance and use of administrative warn-
ings.
SPS 8.02 Definitions. As used in s. 440.205, Stats., and
in this chapter:
sional services.
(3) Disciplinary authority means the department or an
having authority to reprimand a credential holder.
department.
(5) First occurrence means any of the following:
(a) The credential holder has never been charged as a respon-
dent in a formal complaint filed under ch. SPS 2.
(b) Other than the matter pending before the disciplinary
authority, no informal complaint alleging the same or similar mis-
conduct has been filed with the department against the credential
holder.
(c) The credential holder has not been disciplined by a disci-
plinary authority in Wisconsin or another jurisdiction.
(6) Minor violation means all of the following:
(a) No significant harm was caused by misconduct of the cre-
dential holder.
(b) Continued practice by the credential holder presents no
immediate danger to the public.
(c) If prosecuted, the likely result of prosecution would be a
reprimand or a limitation requiring the credential holder to obtain
additional education.
(d) The complaint does not warrant use of prosecutorial
resources.
(e) The credential holder has not previously received an
administrative warning.
(7) Misconduct means a violation of a statute or rule related
to the profession or other conduct for which discipline may be
imposed under chs. 440 to 480, Stats.
History: Cr. Register, January, 1999, No. 517, eff. 2199; correction in (2), (5)
(a) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671.
SPS 8.03 Findings before issuance of an adminis-
trative warning. Before issuance of an administrative warning,
a disciplinary authority shall make all of the following findings:
(1) That there is specific evidence of misconduct by the cre-
dential holder.
(2) That the misconduct is a first occurrence for the credential
holder.
(3) That the misconduct is a minor violation of a statute or rule
related to the profession or other conduct for discipline may be
imposed.
(4) That issuance of an administrative warning will ade-
quately protect the public.
SPS 8.04 Issuance of an administrative warning.
(1) An administrative warning shall be substantially in the form
shown in Appendix I.
(2) An administrative warning may be issued to a credential
holder by mailing the administrative warning to the last address
provided by the credential holder to the department. Service by
mail is complete on the date of mailing.
SPS 8.05 Request for a review of an administrative
warning. A credential holder who has been issued an adminis-
trative warning may request the disciplinary authority to review
the issuance of the administrative warning by filing a written
request with the disciplinary authority within 20 days after the
mailing of the administrative warning. The request shall be in
writing and set forth:
(1) The credential holders name and address.
(2) The reason for requesting a review.
SPS 8.06 Procedures. The procedures for an administra-
tive warning review are:
(1) Within 45 calendar days of receipt of a request for review,
the disciplinary authority shall notify the credential holder of the
time and place of the review.
(2) No discovery is permitted. A credential holder may
inspect records under s. 19.35, Stats., the public records law.
(3) The disciplinary authority or its designee shall preside
over the review. The review shall be recorded by audio tape unless
otherwise specified by the disciplinary authority.
(4) The disciplinary authority shall provide the credential
holder with an opportunity to make a personal appearance before
the disciplinary authority and present a statement. The disciplin-
ary authority may request the division to appear and present a
statement on issues raised by the credential holder. The disciplin-
ary authority may establish a time limit for making a presentation.
Unless otherwise determined by the disciplinary authority, the
time for making a personal appearance shall be 20 minutes.
(5) If the credential holder fails to appear for a review, or with-
draws the request for a review, the disciplinary authority may note
the failure to appear in the minutes and leave the administrative
warning in effect without further action.
transcript of a review under this chapter shall be computed by the
person or reporting service preparing the transcript on the follow-
ing basis:
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per page.
indigence signed under oath.
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Chapter SPS 8
APPENDIX I
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
[DISCIPLINARY AUTHORITY]
ADMINISTRATIVE WARNING
This administrative warning is issued by the {disciplinary authority} to {credential holder} pursuant to s. 440.205,
Stats. The {disciplinary authority} makes the following findings:
1) That there is evidence of professional misconduct by {credential holder}, to wit:
2) That this misconduct is a first occurrence for {credential holder}.
3) That this misconduct is a minor violation of {statute or rule}.
4) That issuance of this administrative warning will adequately protect the public and no further action is
warranted.
Therefore, the {disciplinary authority} issues this administrative warning and hereby puts the {credential holder} on
notice that any subsequent violation may result in disciplinary action. The investigation of this matter is hereby closed.
Date:
Signature of authorized representative
For {Disciplinary Authority}
Right to Review
You may obtain a review of this administrative warning by filing a written request with the {disciplinary
authority} within 20 days of mailing of this warning. The review will offer the credential holder an opportunity to
make a personal appearance before the {disciplinary authority}.
The record that this administrative warning was issued is a public record.
The content of this warning is private and confidential.
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Chapter SPS 9
DENIAL OF RENEWAL APPLICATION BECAUSE
APPLICANT IS LIABLE FOR DELINQUENT TAXES
SPS 9.01 Authority.
SPS 9.02 Scope; nature of proceedings.
SPS 9.04 Procedures for requesting the department of revenue to certify
whether an applicant for renewal is liable for delinquent taxes.
SPS 9.05 Denial of renewal.
Note: Chapter RL 9 was renumbered chapter SPS 9 under s. 13.92 (4) (b)
under the authority in s. 440.03, Stats.
History: Emerg. cr. eff. 111496; cr. Register, August, 1996, No. 488, eff.
9196; correction made under s. 13.92 (4) (b) 7., Stats., Register November
2011 No. 671.
SPS 9.02 Scope; nature of proceedings. The rules
in this chapter govern the procedures for requesting the Wiscon-
sin department of revenue to certify whether an applicant is
liable for delinquent taxes owed to this state under s. 440.08 (4)
(b), Stats., as created by 1995 Wis. Act 27 and amended by 1995
Wis. Act 233, to review denial of an application for renewal
because the applicant is liable for delinquent taxes.
9196.
(1) Applicant means a person who applies for renewal of
a credential. Person in this subsection includes a business
entity.
(2) Credential has the meaning in s. 440.01 (2) (a), Stats.
(3) Department means the department of safety and pro-
fessional services.
(4) Liable for any delinquent taxes owed to this state has
the meaning set forth in s. 73.0301 (1) (c), Stats.
History: Emerg. cr. eff. 111496; Cr. Register, August, 1996, No. 488, eff.
9196; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register Novem-
ber 2007 No. 623; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Regis-
SPS 9.04 Procedures for requesting the depart-
ment of revenue to certify whether an applicant for
renewal is liable for delinquent taxes. (1) RENEWAL
APPLICATION FORM. If the department receives a renewal applica-
tion that does not include the information required by s. 440.08
(2g) (b), Stats., the application shall be denied unless the appli-
cant provides the missing information within 20 days after the
department first received the application.
Note: 1997 Wis. Act 191 repealed s. 440.08 (2g) (b), Stats., and created s. 440.03
(11m), Stats. Section SPS 9.04 (1), Wis. Adm. Code, was affected by the statutory
changes in 1997 Wis. Act 191, is no longer necessary, and will be removed in future
rulemaking by the department.
(2) SCREENING FOR LIABILITY FOR DELINQUENT TAXES. The
name and social security number or federal employer identifica-
tion number of an applicant shall be compared with information
at the Wisconsin department of revenue that identifies individu-
als and organizations who are liable for delinquent taxes owed
to this state.
(3) NOTICE OF INTENT TO DENY BECAUSE OF TAX DELIN-
QUENCY. If an applicant is identified as being liable for any delin-
quent taxes owed to this state in the screening process under sub.
(2), the Wisconsin department of revenue shall mail a notice to
the applicant at the last known address of the applicant accord-
ing to s. 440.11, Stats., or to the address identified in the appli-
cants renewal application, if different from the address on file
in the department. The notice shall state that the application for
renewal submitted by the applicant shall be denied unless,
within 10 days from the date of the mailing of the notice, the
department of safety and professional services receives a copy
of a certificate of tax clearance issued by the Wisconsin depart-
ment of revenue which shows that the applicant is not liable for
delinquent state taxes or unless the Wisconsin department of
revenue provides documentation to the department showing that
the applicant is not liable for delinquent state taxes.
(4) OTHER REASONS FOR DENIAL. If the department deter-
mines that grounds for denial of an application for renewal may
exist other than the fact that the applicant is liable for any delin-
quent taxes owed to this state, the department shall make a deter-
mination on the issue of tax delinquency before investigating
other issues of renewal eligibility.
9196;correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register Novem-
ber 2011 No. 671.
SPS 9.05 Denial of renewal. The department shall
deny an application for credential renewal if the applicant fails
to complete the information on the application form under s. SPS
9.04 or if the Wisconsin department of revenue certifies or
affirms its certification under s. 440.08 (4) (b) 3., Stats., that the
applicant is liable for delinquent taxes and the department does
not receive a current certificate of tax clearance or the Wisconsin
department of revenue does not provide documentation showing
that the applicant is not liable for delinquent taxes within the
time required under s. SPS 9.04 (2) and (3). The department
shall mail a notice of denial to the applicant that includes a state-
ment of the facts that warrant the denial under s. 440.08 (4) (b),
Stats., and a notice that the applicant may file a written request
with the department to have the denial reviewed at a hearing
before the Wisconsin department of revenue.
Note: 1997 Wis. Act 237 repealed s. 440.08 (4) (b), Stats. 19997 Wis. Act 237
also created s. 440.12, Stats.; both statutory references in s. SPS 9.05, Wis. Admin.
Code, should be to s. 440.12, Stats. Future rulemaking by the department will cor-
rect these references.
9196; correction made under s. 13.92 (4) (b) 7., Stats., Register November
2011 No. 671.
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Chapter SPS 10
USE OF PHARMACEUTICAL AGENTS BY LICENSED OPTOMETRISTS
SPS 10.02 Restrictions and reports.
SPS 10.03 Statement of approval required.
SPS 10.04 Application for certificate.
Note: Chapter RL 10 was renumbered chapter SPS 10 under s. 13.92 (4) (b)
SPS 10.01 Definitions. As used in the rules in this chap-
ter:
(1) Adverse drug reaction means an adverse, physical or
psychological reaction experienced by a person resulting from
diagnostic or therapeutic pharmaceutical agents administered by
an optometrist which occurs within 24 hours after the drug is
administered. An adverse drug reaction may be indicated by
symptoms which include, but are not limited to, the following: red
eye, painful eye, decrease in vision, pale or red swelling of the
periocular or periorbital tissues, nausea, vomiting, fainting, men-
tal confusion or cessation of respiration.
(2) Adverse drug reaction referral plan means a plan sub-
mitted to the department on an approved form in which the optom-
etrist agrees to: a) refer patients who notify the optometrist of an
adverse drug reaction to appropriate medical specialists or facili-
ties; b) routinely advise the patient to immediately contact the
optometrist if the patient experiences adverse reactions; and c)
place in a patients permanent record information describing any
adverse drug reactions experienced by the patient and the date and
time that any referral was made. Such plan shall include the names
of at least 3 physicians, physician clinics or hospitals to whom the
optometrist agrees to refer patients who experience an adverse
drug reaction. At least one of these physicians shall be skilled in
the diagnosis and treatment of diseases of the eye.
(3) Approved institution means a college of optometry
accredited by the American council on optometric education
approved by the optometry examining board which offers a course
of study in general and ocular pharmacology meeting the require-
ments of s. 449.17 (1m) (b), Stats., or a course of study relating to
the use of therapeutic pharmaceutical agents and the removal of
superficial foreign bodies from an eye or from an appendage to the
eye meeting the requirements of s. 449.18 (2), Stats.
Note: The optometry examining board annually reviews for approval the colleges
of optometry accredited by the council on optometry education of the American opto-
metric association or other accrediting bodies. A list of board approved colleges of
optometry is available from the board upon request.
(4) Classroom hour: For the purpose of determining
whether a course of study meets the requirements of s. 449.17
(1m) (b), Stats., classroom hour means a 5060 minute period
of lecture, group discussion or laboratory directly associated with
a course in pharmacology; time spent working in a clinic other
than as part of a laboratory directly associated with a course in
pharmacology does not qualify as a classroom hour.
(5) Course of study in pharmacology means a course of
study completed in an approved institution after 1973 in general
and clinical pharmacology as it relates to optometry with the char-
acteristics described in s. 449.17 (1m) (b), Stats. For courses, such
as continuing education courses, which do not lead to a degree in
optometry to qualify as part of a course of study in pharmacology,
the courses must include at least one examination on course con-
tent.
(6) DPA certificate means a certificate issued by the depart-
ment to an optometrist approving an adverse reaction referral plan
submitted by the optometrist and as evidence that the optometrist
has completed all requirements in s. SPS 10.03 and is entitled to
use diagnostic pharmaceutical agents in accordance with ss.
449.17 and 449.19, Stats.
(8) Diagnostic pharmaceutical agent means any topical
ocular diagnostic pharmaceutical agent which is an optometric
means used to determine the visual efficiency of the human visual
system, including refractive and functional abilities, or to diag-
nose the presence of ocular disease or ocular manifestations of
systemic disease and other departures from normal. Diagnostic
pharmaceutical agents include but are not limited to:
(a) Mydriatics.
1. Phenylephrine 2.5%.
2. Hydroxyamphetamine 1%.
(b) Cycloplegics.
1. Tropicamide 1%.
2. Cyclopentolate 1%.
(c) Topical anesthetics.
1. Benoxinate 0.4%.
2. Proparacaine 0.5%.
3. Tetracaine 0.5%.
4. Benoxinate 0.4% Fluorescein 0.25% Combination.
(d) Dyes.
1. Fluorescein 0.25% Benoxinate 0.4% Combination.
2. Rose Bengal.
(e) Miotics.
1. Dapiprazole HCl.
2. Pilocarpine .125%.
(f) Any drug which is used for an ophthalmic diagnostic pur-
pose and which is the subject of a new drug application approved
by the food and drug administration under section 505 (c) (1) of
the federal food, drug and cosmetic act, 21 USC 355, as amended.
(g) Any drug which is used for an ophthalmic diagnostic pur-
pose and which is generally exempt from the new drug application
approval requirement contained in section 505 of the federal food,
drug and cosmetic act, 21 USC 355, as amended.
(9) TPA certificate means a certificate granted by the
optometry examining board to an optometrist as evidence that the
optometrist is certified to use therapeutic pharmaceutical agents
in accordance with s. 449.18, Stats.
(10) Therapeutic pharmaceutical agent means a drug which
is prescribed or administered for ocular therapeutic purposes.
Therapeutic pharmaceutical agents include but are not limited to:
(a) Oral analgesics.
1. Acetaminophen.
2. Aspirin.
3. Salicylates.
4. Schedule III, IV and V narcotic analgesics.
(b) Topical decongestant agents and decongestant combina-
tions.
1. Epinephrine HCl.
2. Hydroxyamphetamine HBr.
3. Naphazoline HCl.
4. Oxymetazoline HCl.
5. Phenylephrine HCl.
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6. Tetrahydrozoline HCl.
7. Combinations of the above agents with antihistamines or
zinc sulfate.
(c) Antiallergy agents.
1. Topical and oral antihistamine agents in the following drug
categories.
a. Alkyamines.
b. Ethanolamines
c. Ethylenediamines.
d. Phenothiazines.
e. Piperazines.
f. Piperidines.
g. Terfenadines.
2. Cromolyn sodium, a mast cell stabilizing agent.
(d) Artificial tear solutions, ophthalmic irrigants and ocular
lubricants.
(e) Hypertonic sodium chloride, a topical hyperosmotic agent.
(f) Yellow mercuric oxide, a miscellaneous preparation and
product.
(g) Topical anesthetics.
1. Benoxinate HCl.
2. Benoxinate HCl and sodium fluorescein.
3. Proparacaine HCl.
4. Tetracaine HCl.
(h) Antibiotics.
1. Topical antibiotics.
a. Aminoglycosides.
b. Bacitracin.
c. Cephalosporins.
cm. Ciprofloxacin HCl.
d. Erythromycin.
e. Gramicidin.
em. Norfloxacin
f. Penicillins.
g. Polymyxin B.
h. Sulfonamides.
i. Tetracyclines.
j. Trimethoprim.
k. Zinc sulfate.
2. Oral antibiotics.
a. Erythromycin.
b. Tetracycline.
3. Topical antiviral agents.
a. Acyclovir.
b. Idoxuridine.
c. Trifluridine.
d. Vidarabine.
4. Acyclovir, an oral antiviral agent.
(i) Antiinflammatory agents.
1. Oral nonsteroidal antiinflammatory agents.
a. Fenoprofen.
b. Ibuprofen.
c. Ketoprofen.
d. Naproxen.
2. Topical corticosteroid agents.
a. Dexamethasone.
b. Fluoromethalone.
c. Medrysone.
d. Prednisolone.
e. Prednisolone and atropine combinations.
f. Topical corticosteroid and antibiotic combinations.
g. Topical corticosteroid and mydriatic combinations.
3. Topical nonsteroidal agent, diclofenac sodium.
(j) Topical anticholinergic agents.
1. Atropine.
2. Atropine sulfate.
3. Cyclopentolate.
4. Homatropine.
5. Homatropine hydrogen bromide.
6. Scopolamine.
7. Tropicamide.
(k) Antiglaucomatous agents.
1. Sympathomimetics.
a. Dipivefrin.
b. Epinephrine.
2. Miotics, direct acting.
a. Acetylcholine.
b. Carbachol.
c. Pilocarpine.
3. Miotics, cholinesterase inhibitors.
a. Demecarium bromide.
b. Echothiophate.
c. Isoflurophate.
d. Physostigmine.
4. Topical betaadrenergic blocking agents.
a. Betaxolol.
am. Carteolol HCl.
b. Levobunolol.
bm. Metipranolol HCl.
c. Timolol.
5. Oral carbonic anhydrase inhibitors.
a. Acetazolamide.
b. Dichlorphenamide.
c. Methazolamide.
(L) Any drug which is used for an ophthalmic therapeutic pur-
pose and which is the subject of a new drug application approved
by the food and drug administration under section 505 (c) (1) of
the federal food, drug and cosmetic act, 21 USC 355, as amended.
(m) Any drug which is used for an ophthalmic therapeutic pur-
pose and which is generally exempt from the new drug application
approval requirement contained in section 505 of the federal food,
drug and cosmetic act, 21 USC 355, as amended.
(n) Any drug which is used for an ophthalmic therapeutic pur-
pose and which is certified by the food and drug administration
pursuant to s. 507 (a) of the federal food, drug and cosmetic act,
21 USC 357, or is exempt from certification under section 507 (c)
of the act, as amended.
Note: Section 961.39, Stats., contains certain limitations relating to the prescrib-
ing and administering of controlled substances by optometrists certified under sec-
tion 449.18, Stats.
History: Cr. Register, January, 1979, No. 277, eff. 2179; am. (2) and (5), r. (9)
(d) 2., Register, April, 1979, No. 280, eff. 5179; r. (7), renum. (8) and (9) to be (7)
and (8), Register, November, 1986, No. 371, eff. 12186; r. (7), Register, August,
1990, No. 416, eff. 9190; am. (intro.), (1) and (8), cr. (9) and (10), Register, Novem-
ber, 1990, No. 419, eff. 12190; cr. (8) (d) 2., (e), (10) (h) 1. cm. and em., (i) 3., (k)
4. am. and bm., Register, June, 1993, No. 450, eff. 7193; am. (3), r. and recr. (8)
(intro.) and (10) (intro.), cr. (8) (f), (g), (10) (L) to (n), Register, April, 1994, No. 460,
eff. 5194; corrections in (3), (4) and (5) made under s. 13.93 (2m) (b) 7., Stats.,
Register November 2007 No. 623; correction in (6) made under s. 13.92 (4) (b) 7.,
SPS 10.02 Restrictions and reports. (1) RESTRIC-
TIONS. (a) Certification and education. Therapeutic pharmaceuti-
cal agents may be prescribed or administered by an optometrist
who holds a current TPA certificate and who satisfies the continu-
ing education requirements specified in s. Opt 6.04. Diagnostic
pharmaceutical agents may be administered by an optometrist
who holds a current DPA certificate and who successfully com-
pletes biennially a minimum of 1 hour of continuing education
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approved by the optometry examining board relating to new drugs
which are used for ophthalmic diagnostic purposes and which are
approved by the food and drug administration, or other topics as
designated by the optometry examining board.
Note: Completion of the continuing education required in s. Opt 6.04 for TPA cer-
tification satisfies the continuing education requirement under this section for an
optometrist who holds both a DPA and a TPA certificate.
(b) Prescribing. Therapeutic pharmaceutical agents may be
prescribed or administered by an optometrist only for the ocular
therapeutic purposes for which the drugs are intended. These
drugs shall be prescribed or administered in accordance with
minimum standards and procedures established in the optometric
profession. An optometrist shall not prescribe or administer a
therapeutic pharmaceutical agent which is not allowed under s.
SPS 10.01 (10). Approved agents may be used in combination
only with other approved agents when appropriate. Prior to pre-
scribing beta blockers or carbonic anhydrase inhibitors for the
treatment of glaucoma, or any oral antiviral, or any other thera-
peutic pharmaceutical agent, as may be identified and designated
in the future by the optometry examining board, which might
prove to have significant systemic adverse reactions, the optome-
trist shall inform the patients primary physician of his/her treat-
ment plans and document that contact on the patients chart. If the
patient does not identify a primary physician, the patient shall be
referred to a physician to determine the presence or absence of any
systemic contraindications to the intended therapeutic agent. Fol-
lowing that assessment, and prior to prescribing, the prescribing
optometrist shall contact the examining physician, documenting
that contact on the patients chart. Closedangle glaucoma shall
be considered an emergency in which the treating optometrist
shall make immediate referral directly to a physician who special-
izes in the treatment of diseases of the eye and shall institute such
emergency procedures as are directed by that physician.
(2) REPORTING REQUIRED. (a) Any optometrist certified to use
therapeutic pharmaceutical agents shall file with the department
within 10 working days of its occurrence a report on any adverse
reaction resulting from the optometrists administration of such
agents. This report shall include the optometrists name, address
and license number, the patients name, address and age, the
patients presenting problem, the diagnosis, the agent adminis-
tered and the method of administration, the reaction and the subse-
quent action taken.
(b) Any optometrist certified to use diagnostic or therapeutic
pharmaceutical agents shall file a revised adverse drug reaction
plan with the department within 10 working days after the optom-
etrist designates a new physician, physician clinic or hospital to
which he or she agrees to refer patients who experience adverse
drug reactions.
History: Cr. Register, November, 1990, No. 419, eff. 12190; renum. (1) and (2)
to be (1) (b) and (2) (a) and am. (1) (b), cr. (1) (a) and (2) (b), r. (3), Register, April,
1994, No. 460, eff. 5194; correction in (1) (b) made under s. 13.92 (4) (b) 7.,
SPS 10.03 Statement of approval required. A
licensed optometrist may not use diagnostic pharmaceutical
agents in the practice of optometry unless the optometrist has
completed an application form and received a DPA certificate
from the department. A licensed optometrist may not use thera-
peutic pharmaceutical agents in the practice of optometry unless
the optometrist has completed an application form, met the
requirements under s. 449.18, Stats., and received a TPA certifi-
cate from the optometry examining board.
History: Cr. Register, January, 1979, No. 277, eff. 2179; am. Register, Novem-
ber, 1986, No. 371, eff. 12186; renum. from RL 10.02 and am. Register, November,
1990, No. 419, eff. 12190; CR 01068: am. Register January 2002 No. 553, eff.
2102.
SPS 10.04 Application for certificate. To obtain a DPA
certificate, an optometrist must submit evidence to the department
showing that the optometrist has:
(1) Completed a course of study in pharmacology.
(2) Successfully completed one of the following examination
requirements:
(a) Obtained a score of not less than 75 on the pharmacology
section of the examination administered prior to 1994 by the
national board of examiners in optometry.
(b) Obtained passing scores on parts I and II of the examination
administered after 1986 by the national board of examiners in
optometry.
(c) Obtained a passing score on an examination approved by
the department of safety and professional services and the optom-
etry examining board.
(3) Established an adverse reaction referral plan.
Note: The required score of not less than 75 relates only to the pharmacology
section of the national examination. Therefore, if all sections of the national examina-
tion were taken at once, the 75 score minimum applies only to the pharmacology sec-
tion and not to the other sections of the examination.
History: Cr. Register, January, 1979, No. 277, eff. 2179; r. and recr. (2), Regis-
ter, August, 1990, No. 416, 9190; renum. from RL 10.03, Register, November,
1990, No. 419, eff. 12190; am. (2), Register, April, 1994, No. 460, eff. 5194; am.
(1), r. and recr. (2), Register, May, 1996, No. 485, eff. 6196; CR 01068: am. (2)
(a), r. (2) (b) (intro.), renum. (2) (b) 1. and 2. to be (2) (b) and (c) and am. (2) (b), Regis-
ter January 2002 No. 553, eff. 2102; correction in (2) (c) made under s. 13.92 (4)
(b) 6., Stats., Register November 2011 No. 671.
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