Wis. Admin. Code SPS — Department of Safety and Professional Services

Chapter SPS 1 PROCEDURES TO REVIEW DENIAL OF AN APPLICATION

Wis. Admin. Code § SPS 1.01 Authority and scope {#sec-sps-1.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 1.01}

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. 11-1-85; am., Register, July, 1996, No. 487, eff. 8-1-96.

Wis. Admin. Code § SPS 1.03 Definitions {#sec-sps-1.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 1.03}

In this chapter:

(1) “Applicant” means any person who applies for a credential from the applicable credentialing authority. “Person” in this subsection includes a business entity.

(1g) “Breach of examination security” means any of the following:

(a) Removing from the examination room any examination materials without authorization.

(b) Reproducing, or assisting a person in reproducing, any portion 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 examination.

(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 examination questions or materials to instruct or prepare an applicant for the credentialing examination.

(f) Selling, distributing, buying, receiving or having unauthorized 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 administered.

(b) Copying the answers of another applicant, or permitting answers to be copied by another 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 question or answer to another person prior to, during, or subsequent to the conclusion of the examination.

(f) Removing or attempting to remove any examination materials, 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 certification 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 authority 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.

(5) “Department” means the department of safety and professional services.

(6) “Division” means the division of legal services and compliance in the department.

(7) “Office of examinations” means the office of examinations in the department.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; 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. 8-1-96; CR 05-050: cr. (1g), (1r) and (7), am. (4) Register January 2006 No. 601, eff. 2-1-06; correction in (5) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671; CR 14-019: am. (6) Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 1.04 Examination failure: retake and hearing, consequences of cheating on an examination or breach of examination security {#sec-sps-1.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 1.04}

(1) An applicant may request a hearing to challenge the validity, scoring or administration of an examination if the applicant has exhausted other available administrative remedies, including, but not limited to, internal examination 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 applicant’s 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 examination and reexamination is available within 6 months from the date of the applicant’s last examination.

Note: An applicant is not eligible for a license until his or her application is complete. 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 examination 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 security, each applicant knowingly involved is subject to the consequences 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 consequences 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. 8-1-96; CR 05-050: cr. (3) Register January 2006 No. 601, eff. 2-1-06.

Wis. Admin. Code § SPS 1.05 Notice of intent to deny, notice of denial and notice of cheating on an examination or breach of examination security {#sec-sps-1.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 1.05}

(1) notice of intent to deny.

(a) A notice of intent to deny may be issued upon an initial determination 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 information 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 determines that an applicant does not meet the requirements for a credential, 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 statute, 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 authority, 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 examination involved, and a statement identifying with reasonable particularity 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. 8-1-96; CR 05-050: cr. (3) Register January 2006 No. 601, eff. 2-1-06; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 1.06 Parties to a denial review proceeding {#sec-sps-1.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 1.06}

Parties to a denial review proceeding are the applicant, the credentialing authority and any person admitted to appear under s. 227.44 (2m), Stats.

History

Cr. Register, October, 1985, No. 358, eff. 11-1-85; renum. from RL 1.04 and am., Register, July, 1996, No. 487, eff. 8-1-96.

Wis. Admin. Code § SPS 1.07 Request for hearing {#sec-sps-1.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 1.07}

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 cheating 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 applicant’s 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. 8-1-96; CR 05-050: am. (intro.) and (3) Register January 2006 No. 601, eff. 2-1-06.

Wis. Admin. Code § SPS 1.08 Procedure {#sec-sps-1.08 omnilex-key=us-wi-regs-official--agency-sps--SPS 1.08}

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 examination 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 applicant of the time, place and nature of the hearing. If the requirements 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 shall preside over denial hearings. The administrative law judge shall be employed by the department of administration.

(3) Discovery. Unless the parties otherwise agree, no discovery is permitted, except for the taking and preservation of evidence 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. 8-1-96; CR 05-050: am. (1) and (4) Register January 2006 No. 601, eff. 2-1-06; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 13-077: am. (2) Register April 2014 No. 700, eff. 5-1-14.

Wis. Admin. Code § SPS 1.09 Conduct of hearing {#sec-sps-1.09 omnilex-key=us-wi-regs-official--agency-sps--SPS 1.09}

(1) Record. A stenographic, 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.

(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 witness 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 specified for hearing the motion.

(4m) Summary judgement. The parties may use the summary judgment procedure provided in s. 802.08, Stats.

(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 cross-examine witnesses and to introduce evidence into the record. If the applicant submits evidence of eligibility for a credential which was not submitted to the credentialing authority prior to denial of the application, 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 presiding 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. 8-1-96; CR 05-050: am. (5), cr. (5m) Register January 2006 No. 601, eff. 2-1-06; CR 14-019: cr. (4m) Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 1.10 Service {#sec-sps-1.10 omnilex-key=us-wi-regs-official--agency-sps--SPS 1.10}

Service of any document on an applicant 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. 11-1-85; renum. from RL 1.06 and am., Register, July, 1996, No. 487, eff. 8-1-96.

Wis. Admin. Code § SPS 1.11 Failure to appear {#sec-sps-1.11 omnilex-key=us-wi-regs-official--agency-sps--SPS 1.11}

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. 11-1-85; renum. from RL 1.07 and am., Register, July, 1996, No. 487, eff. 8-1-96; CR 05-050: am. Register January 2006 No. 601, eff. 2-1-06.

Wis. Admin. Code § SPS 1.12 Withdrawal of request {#sec-sps-1.12 omnilex-key=us-wi-regs-official--agency-sps--SPS 1.12}

A request for hearing may be withdrawn at any time. Upon receipt of a request for withdrawal, 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. 8-1-96; CR 05-050: am. Register January 2006 No. 601, eff. 2-1-06.

Wis. Admin. Code § SPS 1.13 Transcription fees {#sec-sps-1.13 omnilex-key=us-wi-regs-official--agency-sps--SPS 1.13}

(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 following 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 transcript 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 determination 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. 8-1-96.

Chapter SPS 2 PROCEDURES FOR PLEADING AND HEARINGS

Wis. Admin. Code § SPS 2.01 Authority {#sec-sps-2.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.01}

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. 11-1-78; am. Register, May, 1982, No. 317, eff. 6-1-82; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 2.02 Scope; kinds of proceedings {#sec-sps-2.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.02}

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. 11-1-78; am. Register, May, 1982, No. 317, eff. 6-1-82; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1988, No. 389; am. Register, June, 1992, No. 438, eff. 7-1-92; emerg. am. eff. 11-14-95; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 2.03 Definitions {#sec-sps-2.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.03}

In this chapter:

(1) “Complainant” means the person who signs a complaint.

(2) “Complaint” means a document which meets the requirements of ss. SPS 2.05 and 2.06.

(3) “Department” means the department of safety and professional 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 determine 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.

(6) “Division” means the division of legal services and compliance in the department.

(7) “Informal complaint” means any written information submitted 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 discipline.

(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 disciplinary proceeding has been commenced and who is named as respondent 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. 11-1-78; am. (1) and (6), renum. (7) and (8) to be (8) and (9), cr. (7), Register, May, 1982, No. 317, eff. 6-1-82; 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. 7-1-92; correction in (2), (3), (10) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671; CR 14-019: am. (6) Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 2.035 Receiving informal complaints {#sec-sps-2.035 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.035}

All informal 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 determine 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. 6-1-82; am. (intro.) and (3), Register, June, 1992, No. 438, eff. 7-1-92.

Wis. Admin. Code § SPS 2.036 Procedure for settlement conferences {#sec-sps-2.036 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.036}

At the discretion of the disciplinary authority, a settlement conference 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 conference is appropriate during an investigation of an informal complaint if the information gathered during the investigation presents reasonable grounds to believe that a violation of the laws enforced by the disciplinary authority has occurred. Considerations in making the determination may include, but are not limited 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 conference; 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 designee 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 settlement conference. A notice of settlement conference and a description of settlement conference procedures, prepared on forms prescribed by the department, shall be sent to all participants in 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 proceeding.

History

Cr. Register, June, 1992, No. 438, eff. 7-1-92.

Wis. Admin. Code § SPS 2.037 Parties to a disciplinary proceeding {#sec-sps-2.037 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.037}

Parties to a disciplinary proceeding are the respondent, the division and the disciplinary authority before which the disciplinary proceeding is heard.

History

Cr. Register, May, 1982, No. 317, eff. 6-1-82; renum. from RL 2.036 and am., Register, June, 1992, No. 438, eff. 7-1-92.

Wis. Admin. Code § SPS 2.04 Commencement of disciplinary proceedings {#sec-sps-2.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.04}

Disciplinary proceedings are commenced when a notice of hearing is filed in the disciplinary authority office or with a designated administrative law judge.

History

Cr. Register, February, 1979, No. 278, eff. 3-1-79; am. Register, June, 1992, No. 438, eff. 7-1-92.

Wis. Admin. Code § SPS 2.05 Pleadings to be captioned {#sec-sps-2.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.05}

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 PROCEEDINGS AGAINST _____________, RESPONDENT.”

History

Cr. Register, October, 1978, No. 274, eff. 11-1-78.

Wis. Admin. Code § SPS 2.06 Complaint {#sec-sps-2.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.06}

A complaint may be made on information 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 disciplinary action identifying with reasonable particularity the transaction, occurrence or event out of which the cause arises and specifying 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 evidence relevant to matters alleged in this complaint, determine and impose the discipline warranted, and assess the costs of the proceeding against the respondent;” and,

(4) The signature of the complainant.

History

Cr. Register, October, 1978, No. 274, eff. 11-1-78; am. (intro.), (3) and (4), Register, June, 1992, No. 438, eff. 7-1-92.

Wis. Admin. Code § SPS 2.07 Notice of hearing {#sec-sps-2.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.07}

(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. 11-1-78; am. (2) (intro.), Register, February, 1979, No. 278, eff. 3-1-79; r. and recr. Register, June, 1992, No. 438, eff. 7-1-92.

Wis. Admin. Code § SPS 2.08 Service and filing of complaint, notice of hearing and other papers {#sec-sps-2.08 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.08}

(1) The complaint, notice of hearing, all orders and other papers required to be served on a respondent may be served by mailing a copy of the paper to the respondent at the last known address of the respondent or by any procedure described in s. 801.14 (2), Stats. Service by mail is complete upon mailing.

(2) Any paper required to be filed with a disciplinary authority may be mailed to the disciplinary authority office or, if an administrative law judge has been designated to preside in the matter, to the administrative law judge and shall be deemed filed on the date of the postmark. Materials submitted by personal service and by inter-departmental mail shall be considered filed on the date they are received at the disciplinary authority office or by the administrative law judge. An answer under s. SPS 2.09, motions under s. SPS 2.15, and any other documents required to be filed may be filed and served by facsimile transmission or by electronic mail. For materials transmitted by facsimile, the date received shall determine the date of filing. For materials transmitted by electronic mail, the filing date shall be the date that the electronic mail was sent.

History

Cr. Register, October, 1978, No. 274, eff. 11-1-78; am. (2), Register, June, 1992, No. 438, eff. 7-1-92; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-019: am. (2) Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 2.09 Answer {#sec-sps-2.09 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.09}

(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 complainant 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. 11-1-78; am. (4), Register, February, 1979, No. 278, eff. 3-1-79; am. (1), (3) and (4), Register, June, 1992, No. 438, eff. 7-1-92.

Wis. Admin. Code § SPS 2.10 Administrative law judge {#sec-sps-2.10 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.10}

(1) Designation. Disciplinary hearings shall be presided over by an administrative law judge employed by the department of administration.

(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 providing 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. 11-1-78; r. and recr. (1), Register, November, 1986, No. 371, eff. 12-1-86; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1988, No. 389; am. Register, June, 1992, No. 438, eff. 7-1-92; CR 13-077: am. (1) Register April 2014 No. 700, eff. 5-1-14.

Wis. Admin. Code § SPS 2.11 Prehearing conference {#sec-sps-2.11 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.11}

In any matter pending before the disciplinary authority the complainant and the respondent, or their attorneys, may be directed by the disciplinary authority or administrative law judge to appear at a conference or to participate in a telephone conference to consider the simplification 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 disposition of the matter.

History

Cr. Register, October, 1978, No. 274, eff. 11-1-78; am. Register, June, 1992, No. 438, eff. 1992.

Wis. Admin. Code § SPS 2.12 Settlements {#sec-sps-2.12 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.12}

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 authority.

History

Cr. Register, October, 1978, No. 274, eff. 11-1-78; am. Register, June, 1992, No. 438, eff. 7-1-92.

Wis. Admin. Code § SPS 2.13 Discovery {#sec-sps-2.13 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.13}

The person prosecuting the complaint 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 presiding officer.

History

Cr. Register, October, 1978, No. 274, eff. 11-1-78.

Wis. Admin. Code § SPS 2.14 Default {#sec-sps-2.14 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.14}

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.

History

Cr. Register, October, 1978, No. 274, eff. 11-1-78; am. Register, June, 1992, No. 438, eff. 7-1-92; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 2.15 Conduct of hearing {#sec-sps-2.15 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.15}

(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 cross-examine 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 specified for hearing the motion.

(5m) Summary judgement. The parties may use the summary judgment procedure provided in s. 802.08, Stats.

(6) Adjournments. The presiding officer may, for good cause, grant continuances, adjournments and extensions of time.

(7) Subpoenas.

(a) Subpoenas for the attendance of any witness at a hearing in the proceeding may be issued in accordance with s. 885.01, Stats. Service shall be made in the manner provided 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.

(8) Location of hearing. All hearings shall be held at the 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. 11-1-78; am. (1), (5) and (6), cr. (8), Register, June, 1992, No. 438, eff. 7-1-92; correction in (1), (8) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671; CR 14-019: cr. (5m) Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 2.16 Witness fees and costs {#sec-sps-2.16 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.16}

Witnesses subpoenaed 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.

History

Cr. Register, October, 1978, No. 274, eff. 11-1-78; am. Register, June, 1992, No. 438, eff. 7-1-92.

Wis. Admin. Code § SPS 2.17 Transcription fees {#sec-sps-2.17 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.17}

(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 following basis:

History

Cr. Register, October, 1978, No. 274, eff. 11-1-78; am. (1) Register, May, 1982, No. 317, eff. 6-1-82; r. and recr. Register, June, 1992, No. 438, eff. 7-1-92; am. (1) (b), Register, August, 1993, No. 452, eff. 9-1-93.

Wis. Admin. Code § SPS 2.18 Assessment of costs {#sec-sps-2.18 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.18}

(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 authority’s 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 administrative law judge shall file supporting affidavits showing costs incurred. The respondent shall file any objection to the affidavits within 15 days of the date of mailing of both affidavits from the division and administrative law judge to the respondent. The disciplinary authority shall review any objections, along with the affidavits, and issue an order fixing costs without a hearing.

History

Cr. Register, June, 1992, No. 438, eff. 7-1-92; CR 14-019: am. (4) Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 2.20 Extension of time limits in disciplinary actions against physicians {#sec-sps-2.20 omnilex-key=us-wi-regs-official--agency-sps--SPS 2.20}

(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 commence an investigation of an informal complaint is made more than 45 days after the date of receipt of the informal complaint in the division, or if no screening of the informal complaint is conducted, the time for initiating an investigation shall commence 45 days after the date of receipt of the informal complaint in the division. The date that the medical examining board initiates a disciplinary 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 department 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 initiate 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 department of safety and professional services shall consider the information 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 persons investigated did not make a timely response to requests for records or other evidence.

(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 terminated without a determination of whether the physician complained 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 02-103: cr. Register March 2004 No. 579, eff. 4-1-04; correction in (2), (3) (intro.), (4) (intro.), (5) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671.

Chapter SPS 3 ADMINISTRATIVE INJUNCTIONS

Wis. Admin. Code § SPS 3.01 Authority {#sec-sps-3.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 3.01}

The rules in ch. SPS 3 are adopted pursuant to authority in ss. 440.03 (1) and 440.21, Stats.

History

Cr. Register, July, 1993, No. 451, eff. 8-1-93; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 3.02 Scope; kinds of proceedings {#sec-sps-3.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 3.02}

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.

History

Cr. Register, July, 1993, No. 451, eff. 8-1-93.

Wis. Admin. Code § SPS 3.03 Definitions {#sec-sps-3.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 3.03}

In this chapter:

(1) “Administrative injunction” means a special order enjoining a person from the continuation of a practice or use of a title without a credential required under chs. 440 to 459, Stats.

(2) “Credential” means a license, permit, or certificate of certification or registration that is issued under chs. 440 to 459, Stats.

(3) “Department” means the department of safety and professional services.

(4) “Division” means the division of legal services and compliance in the department.

(5) “Petition” means a document which meets the requirements of s. SPS 3.05.

(6) “Respondent” means the person against whom an administrative injunction proceeding has been commenced and who is named as respondent in a petition.

History

Cr. Register, July, 1993, No. 451, eff. 8-1-93; correction in (3), (5) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671; CR 14-019: am. (4) Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 3.04 Pleadings to be captioned {#sec-sps-3.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 3.04}

All pleadings, notices, orders, and other papers filed in an administrative injunction proceeding shall be captioned: “BEFORE THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES” and shall be entitled: “IN THE MATTER OF A PETITION FOR AN ADMINISTRATIVE INJUNCTION INVOLVING _________________, RESPONDENT.”

History

Cr. Register, July, 1993, No. 451, eff. 8-1-93; correction made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 3.05 Petition for administrative injunction {#sec-sps-3.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 3.05}

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 petition for the division;

(2) A short statement in plain language of the basis for the division’s 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 violated;

(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.

History

Cr. Register, July, 1993, No. 451, eff. 8-1-93.

Wis. Admin. Code § SPS 3.06 Notice of hearing {#sec-sps-3.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 3.06}

(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.

History

Cr. Register, July, 1993, No. 451, eff. 8-1-93.

Wis. Admin. Code § SPS 3.07 Service and filing of petition, notice of hearing and other papers {#sec-sps-3.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 3.07}

(1) The petition, notice of hearing, all orders and other papers required to be served on a respondent may be served by mailing a copy of the paper to the respondent at the last known address of the respondent or by any procedure described in s. 801.14 (2), Stats. Service by mail is complete 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 document filed by facsimile transmission under this section shall also be mailed to the department. An answer or motion filed by facsimile transmission shall be deemed filed on the first business day after receipt by the department.

History

Cr. Register, July, 1993, No. 451, eff. 8-1-93; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 3.08 Answer {#sec-sps-3.08 omnilex-key=us-wi-regs-official--agency-sps--SPS 3.08}

(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 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 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.

(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.

History

Cr. Register, July, 1993, No. 451, eff. 8-1-93.

Wis. Admin. Code § SPS 3.09 Administrative law judge {#sec-sps-3.09 omnilex-key=us-wi-regs-official--agency-sps--SPS 3.09}

(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 pursuant 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 decision 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 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, July, 1993, No. 451, eff. 8-1-93.

Wis. Admin. Code § SPS 3.10 Prehearing conference {#sec-sps-3.10 omnilex-key=us-wi-regs-official--agency-sps--SPS 3.10}

In any matter pending 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 simplification 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 disposition of the matter.

History

Cr. Register, July, 1993, No. 451, eff. 8-1-93.

Wis. Admin. Code § SPS 3.11 Settlements {#sec-sps-3.11 omnilex-key=us-wi-regs-official--agency-sps--SPS 3.11}

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.

History

Cr. Register, July, 1993, No. 451, eff. 8-1-93.

Wis. Admin. Code § SPS 3.12 Discovery {#sec-sps-3.12 omnilex-key=us-wi-regs-official--agency-sps--SPS 3.12}

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.

History

Cr. Register, July, 1993, No. 451, eff. 8-1-93.

Wis. Admin. Code § SPS 3.13 Default {#sec-sps-3.13 omnilex-key=us-wi-regs-official--agency-sps--SPS 3.13}

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 respondent to answer and defend at any time before the department enters an order or within a reasonable time thereafter.

History

Cr. Register, July, 1993, No. 451, eff. 8-1-93; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 3.14 Conduct of hearing {#sec-sps-3.14 omnilex-key=us-wi-regs-official--agency-sps--SPS 3.14}

(1) Administrative law judge. The hearing shall be presided over by an administrative 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 cross-examine witnesses and to introduce evidence into the record.

(4) Briefs. The administrative law judge may require the filing of briefs.

(5) Motions.

(a) How made. An application to the administrative law judge for an order shall be by motion which, unless made during a hearing or prehearing conference, shall be in writing, 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.

(7) Subpoenas.

(b) An administrative law judge may issue protective orders according to the provisions of s. 805.07, Stats.

(8) Location of hearing. All hearings shall be held at the 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. 8-1-93; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 3.15 Witness fees and costs {#sec-sps-3.15 omnilex-key=us-wi-regs-official--agency-sps--SPS 3.15}

Witnesses subpoenaed at the request of the division shall be entitled to compensation from the state for attendance and travel as provided in ch. 885, Stats.

History

Cr. Register, July, 1993, No. 451, eff. 8-1-93.

Wis. Admin. Code § SPS 3.16 Transcription fees {#sec-sps-3.16 omnilex-key=us-wi-regs-official--agency-sps--SPS 3.16}

(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 following 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 53707-7867.

(2) A person who is without means and who requires a transcript for appeal or other reasonable purposes shall be furnished 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.

History

Cr. Register, July, 1993, No. 451, eff. 8-1-93.

Chapter SPS 4 DEPARTMENT APPLICATION PROCEDURES AND APPLICATION FEE POLICIES

Wis. Admin. Code § SPS 4.01 Authorization {#sec-sps-4.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 4.01}

The following rules are adopted by the department of safety and professional services pursuant to ss. 440.03 (13) (a) and (am), 440.05, 440.06, and 440.07, Stats.

History

Cr. Register, October, 1978, No. 274, eff. 11-1-78; am. Register, July, 1996, No. 487, eff. 8-1-96; correction made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671; CR 14-019: am. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 4.02 Definitions {#sec-sps-4.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 4.02}

(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 examining 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 attached examining board, affiliated credentialing board or board having authority to issue or deny a credential.

(4) “Department” means the department of safety and professional services.

(5) “Examination” means the written and practical tests required of an applicant by the authority.

(5m) “Investigate” means to determine the arrest and conviction 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.

(5s) “Reinstatement” means the process by which a credential holder who has unmet disciplinary requirements and failed to renew the credential within 5 years after the renewal date or whose credential has been surrendered or revoked, shall apply to have the credential reinstated.

(6) “Service provider” means a party other than the department or board who provides examination services such as application processing, examination products or administration of examinations.

History

Cr. Register, October, 1978, No. 274, eff. 11-1-78; renum. (1) to (4) to be (4), (3), (1), (5) and am. (5), cr. (2) and (6), Register, July, 1996, No. 487, eff. 8-1-96; CR 04-097: cr. (1g), (3e), (3m), (3s) and (5m) Register May 2005 No. 593, eff. 6-1-05; correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671; CR 14-067: cr. (5s) Register July 2015 No. 715, eff. 8-1-15.

Wis. Admin. Code § SPS 4.03 Time for review and determination of credential applications {#sec-sps-4.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 4.03}

(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 determination 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 authority’s responsibility to interpret requirements for approval and to grant or deny approval.

History

Cr. Register, August, 1992, No. 440, eff. 9-1-92; renum. from RL 4.06 and am., Register, July, 1996, No. 487, eff. 8-1-96.

Wis. Admin. Code § SPS 4.04 Fees for examinations, reexaminations and proctoring examinations {#sec-sps-4.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 4.04}

(1) Examination fee schedule. 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 8366, Madison, WI 53708-8366.

(3) Explanation of procedures for setting examination fees.

(a) Fees for examinations shall be established under s. 440.05 (1) (b), Stats., at the department’s best estimate of the actual cost of preparing, administering and grading the examination 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 services provided by the department shall include standard component amounts for contract administration services, test development 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).

(e) Examination fees shall be effective for examinations held 45 days or more after the date of publication of a notice in application 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 state’s application deadlines. Examinations not administered by an authority of the state may only be proctored for Wisconsin 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. 11-1-78; r. and recr. Register, May, 1986, No. 365, eff. 6-1-86; am. Register, December, 1986, No. 372, eff. 1-1-87; am. Register, September, 1987, No. 381, eff. 10-1-87; am. (3), Register, September, 1988, No. 393, eff. 10-1-88; am. (3), Register, September, 1990, No. 417, eff. 10-1-90; r. and recr. (1) to (3), cr. (4), renum. Figure and am. Register, April, 1992, No. 436, eff. 5-1-92; am. (4) Figure, cr. (5), Register, July, 1993, No. 451, eff. 8-1-93; r. and recr. Register, November, 1993, No. 455, eff. 12-1-93; r. (2), am. (3) (a), (b), (c), (e), (4), (5), Register, July, 1996, No. 487, eff. 8-1-96; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671; CR 14-019: am. (1) Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 4.05 Fee for test review {#sec-sps-4.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 4.05}

(1) The fee for supervised review of examination results by a failing applicant which is conducted by the department is $28.

(2) The fee for review of examination results by a service provider is the fee established by the service provider.

History

Cr. Register, April, 1992, No. 436, eff. 5-1-92; am. Register, July, 1996, No. 487, eff. 8-1-96.

Wis. Admin. Code § SPS 4.06 Refunds {#sec-sps-4.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 4.06}

(1) A refund of all but $10 of the applicant’s 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, submits a written explanation satisfactory to the authority that the applicant’s 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 examination 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. 11-1-78; am. (2) (intro.), Register, May, 1986, No. 365, eff. 6-1-86; am. (1) and (2) (intro.), renum. (2) (c) and (3) to be (3) and (4), cr. (5), Register, September, 1987, No. 381, eff. 10-1-87; r. and recr. (1) and (4), Register, April, 1992, No. 436, eff. 5-1-92; r. (2), renum. (3) to (5) to be (2) to (4), Register, July, 1993, No. 451, eff. 8-1-93; renum. from RL 4.03 and am., Register, July, 1996, No. 487, eff. 8-1-96.

Wis. Admin. Code § SPS 4.07 Investigation {#sec-sps-4.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 4.07}

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.

(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) Nurse-midwife.

(44) Nursing home administrator.

(45) Occupational therapist.

(46) Occupational therapy assistant.

(47) Optometrist.

(48) Perfusionist.

(49) Pharmacist.

(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.

(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) Speech-language pathologist.

(73) Time-share salesperson.

(74) Veterinarian.

(75) Veterinary technician.

History

CR 04-097: cr. Register May 2005 No. 593, eff. 6-1-05; CR 06-125: cr. (66m) Register July 2007 No. 619, eff. 8-1-07; CR 14-019: r. (30), (59) Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 4.08 Photographs and fingerprints {#sec-sps-4.08 omnilex-key=us-wi-regs-official--agency-sps--SPS 4.08}

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 justice for internal analysis or submission to the federal bureau of investigation for the purpose of verifying the identity of the applicant fingerprinted and obtaining records of his or her criminal arrests and convictions.

Note: Sub. (2) was repealed by CR14-019.

History

CR 04-097: cr. Register May 2005 No. 593, eff. 6-1-05; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 11-027: renum 4.08 to be 4.08 (1) and am., cr. (2) Register January 2012 No. 673, eff. 2-1-12; CR 14-019: renum. (1) to SPS 4.08, r. (2) Register August 2014 No. 704, eff. 9-1-14; correction in numbering made under s. 13.92 (4) (b) 1., Stats., Register August 2014 No. 704.

Wis. Admin. Code § SPS 4.09 Credential holder charges or convictions {#sec-sps-4.09 omnilex-key=us-wi-regs-official--agency-sps--SPS 4.09}

(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 purposes 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 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. 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 substantially 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 holder’s arrest or conviction record is relevant to the investigation and a search based solely upon the credential holder’s name is unlikely to provide 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 verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.

History

CR 04-097: cr. Register May 2005 No. 593, eff. 6-1-05; correction in (1), (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 4.10 Failure to renew within 5 years of the renewal date {#sec-sps-4.10 omnilex-key=us-wi-regs-official--agency-sps--SPS 4.10}

A credential holder with an expired credential may not reapply for the credential using the initial application process. A credential holder who has not renewed their credential within 5 years of the renewal date shall renew an expired credential in accordance with the applicable requirements established in rule by the credentialing authority. This section does not apply to credential holders who have unmet disciplinary requirements or whose credentials have been surrendered or revoked.

History

CR 14-067: cr. Register July 2015 No. 715, eff. 8-1-15.

Wis. Admin. Code § SPS 4.11 Credential Reinstatement {#sec-sps-4.11 omnilex-key=us-wi-regs-official--agency-sps--SPS 4.11}

A credential may not be reinstated through the initial application process. A credential holder who has unmet disciplinary requirements and failed to renew the credential within 5 years after the renewal date or whose credential has been surrendered or revoked, shall apply to have the credential reinstated, with or without conditions, using the reinstatement process established in rule by the credentialing authority.

History

CR 14-067: cr. Register July 2015 No. 715, eff. 8-1-15.

Chapter SPS 6 SUMMARY SUSPENSIONS AND LIMITATIONS

Wis. Admin. Code § SPS 6.01 Authority and intent {#sec-sps-6.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 6.01}

(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 or limitation 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. 6-1-88; CR 19-114: am. (2) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § SPS 6.02 Scope {#sec-sps-6.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 6.02}

This chapter governs procedures in all summary suspension or limitation 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.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; CR 19-114: am. Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § SPS 6.03 Definitions {#sec-sps-6.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 6.03}

In this chapter:

(1) “Board” means the bingo control board, real estate board or any examining board attached to the department.

(2) “Department” means the department of safety and professional services.

(3) “Disciplinary proceeding” means a proceeding against one or more licensees in which a licensing authority may determine to revoke or suspend a license, to reprimand a licensee, or to limit a license.

(4) “License” means any license, permit, certificate, or registration 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 acting under a board’s or the department’s delegation under s. SPS 6.11.

(7) “Petitioner” means the division of legal services and compliance in the department.

(8) “Respondent” means a licensee who is named as respondent in a petition for summary suspension or limitation.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction in (2), (6) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671; CR 14-019: am. (7) Register August 2014 No. 704, eff. 9-1-14; CR 19-114: am. (8) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § SPS 6.04 Petition for summary suspension or limitation {#sec-sps-6.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 6.04}

(1) A petition for a summary suspension or limitation shall state the name and position 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 or limitation of the respondent’s license.

(2) A petition for a summary suspension or limitation 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.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; CR 19-114: am. (title), (1), (2) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § SPS 6.05 Notice of petition to respondent {#sec-sps-6.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 6.05}

Prior to the presenting of the petition, the petitioner shall give notice to the respondent or respondent’s 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 last-known 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.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88.

Wis. Admin. Code § SPS 6.06 Issuance of summary suspension or limitation order {#sec-sps-6.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 6.06}

(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 or limitation of the respondent’s license, the licensing authority may issue an order for summary suspension or limitation. The order may be issued at any time prior to or subsequent to the commencement 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 or limitation order shall be effective upon service under s. SPS 6.08, or upon actual notice of the summary suspension or limitation order to the respondent or respondent’s attorney, whichever 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 or the limitation is lifted under s. SPS 6.09 prior to a formal disciplinary hearing, or the disciplinary proceeding is otherwise terminated under s. SPS 6.10 (1) or (3) (a).

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction in (1), (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 19-114: am. (title), (1), (3) Register February 2020 No. 770, eff. 3-1-20; correction in (3) made under s. 35.17, Stats., Register February 2020 No. 770.

Wis. Admin. Code § SPS 6.07 Contents of summary suspension or limitation order {#sec-sps-6.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 6.07}

The summary suspension or limitation order shall include all of the following:

(1) A statement that the suspension or limitation order is in effect and continues 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 respondent’s right to request a hearing to show cause why the summary suspension or limitation 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 scheduled for hearing on a date within 20 days of receipt by the licensing authority of respondent’s request for hearing, unless a later time is requested by or agreed to by the respondent.

(5) The identification of all witnesses providing evidence at the time the petition for summary suspension or limitation was presented and identification of the evidence used as a basis for the decision to issue the summary suspension or limitation order.

(6) The manner in which the respondent or the respondent’s attorney was notified of the petition for summary suspension or limitation.

(7) A finding that the public health, safety or welfare imperatively requires emergency suspension or limitation of the respondent’s license.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; CR 19-114: am. (title), (intro.), (1), (2), (5), (6), (7) Register February 2020 No. 770, eff. 3-1-20; correction in (intro.), (3), (4), (6) made under s. 35.17, Stats., Register February 2020.

Wis. Admin. Code § SPS 6.08 Service of summary suspension or limitation order {#sec-sps-6.08 omnilex-key=us-wi-regs-official--agency-sps--SPS 6.08}

An order of summary suspension or limitation shall be served upon the respondent by mail.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; CR 14-019: am. Register August 2014 No. 704, eff. 9-1-14; CR 19-114: am. Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § SPS 6.09 Hearing to show cause {#sec-sps-6.09 omnilex-key=us-wi-regs-official--agency-sps--SPS 6.09}

(1) The respondent shall have the right to request a hearing to show cause why the summary suspension or limitation 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 or limitation order. The hearing shall be scheduled and heard promptly by the licensing authority or its delegate, 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 respondent.

(3) At the hearing to show cause the petitioner and the respondent may testify, call, examine and cross-examine witnesses, and offer other evidence. Unless the parties otherwise agree, no discovery is permitted, except for the taking and preservation of evidence as provided in ch. 804, Stats., with respect to witnesses described in s. 227.45 (7) (a) to (d), Stats. A respondent may inspect records under s. 19.35, Stats., the public records law.

(4) At the hearing to show cause the petitioner has the burden to show by a preponderance of the evidence why the summary suspension or limitation order should be continued.

(5) Immediately upon conclusion of the hearing to show cause the licensing authority or its delegate shall make findings and an order on the record. If it is determined that the summary suspension or limitation order should not be continued, the suspended license shall be immediately restored, and any limitation shall be lifted.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; CR 14-019: am. (2), (3), (5) Register August 2014 No. 704, eff. 9-1-14; CR 19-114: am. (1), (2), (4), (5) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § SPS 6.10 Commencement of disciplinary proceeding {#sec-sps-6.10 omnilex-key=us-wi-regs-official--agency-sps--SPS 6.10}

(1) A notice of hearing commencing a disciplinary proceeding under s. SPS 2.06 against the respondent shall be issued no later than 10 days following the issuance of the summary suspension or limitation order or the suspension or limitation shall lapse on the tenth day following issuance of the summary suspension or limitation order. The formal disciplinary 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 advancing with reasonable promptness, and the delay is not as a result of the conduct of respondent or respondent’s counsel, a remedy, as would be just, shall be granted including:

(a) An order immediately terminating the summary suspension or limitation.

(b) An order compelling that the disciplinary proceeding be held and determined by a specific date.

History

Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 19-114: am. (1), (3) (a) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § SPS 6.11 Delegation {#sec-sps-6.11 omnilex-key=us-wi-regs-official--agency-sps--SPS 6.11}

(1) A board may by two-thirds vote delegate authority to rule on a petition for summary suspension or limitation, to issue a summary suspension or limitation order, and to preside over and rule in a hearing provided for in s. SPS 6.09 through one of the following methods:

(a) Designate under s. 227.46 (1), Stats., a member of the board or an employee of the department.

(b) Appoint a panel of no less than two-thirds of the membership of the board.

(2) In matters in which the department is the licensing authority, an administrative law judge employed by the department of administration shall rule on a petition for summary suspension or limitation, issue a summary suspension or limitation 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. 6-1-88; correction in (1) (a), (b), (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-019: am. (1) (intro.), (a), (b), cr. (1) (c), am. (2) Register August 2014 No. 704, eff. 9-1-14; CR 19-114: am. (1) (intro.), (2) Register February 2020 No. 770, eff. 3-1-20.

Chapter SPS 7 PROFESSIONAL ASSISTANCE PROCEDURE

Wis. Admin. Code § SPS 7.01 Authority and intent {#sec-sps-7.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 7.01}

(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 chapter is to protect the public from credential holders who are impaired by reason of their abuse of alcohol or other drugs by promoting 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 formal disciplinary process for qualified credential holders committed 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 participate in the procedure. It may be used in conjunction with the formal 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 encourage their rehabilitation. Finally, the department’s 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. 2-1-91; am. (2), Register, July, 1996, No. 487, eff. 8-1-96; CR 10-081: am. (2) Register December 2010 No. 660, eff. 1-1-11.

Wis. Admin. Code § SPS 7.02 Definitions {#sec-sps-7.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 7.02}

In this chapter:

(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 secretary’s designee as responsible for approving credential holders for the professional assistance 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 coordinates 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 credential was submitted to the department.

(3) “Department” means the department of safety and professional services.

(4) “Division” means the division of legal services and compliance in the department.

(5) “Informal complaint” means any written information submitted 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 doctor of osteopathy who is a licensed physician and who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s confirmed positive test result together with an individual’s 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 department.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (1), (2), (5), cr. (2a), (2b), r. (6), Register, July, 1996, No. 487, eff. 8-1-96; cr. (6) and (8), Register, January, 2001, No. 541, eff. 2-1-01; CR 10-081: am. (1) to (2b), (7) Register December 2010 No. 660, eff. 1-1-11; correction in (2), (3) made under s. 13.92 (4) (b) 6., 7., Register November 2011 No. 671; CR 14-019: am. (4) Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 7.03 Referral to and eligibility for the procedure {#sec-sps-7.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 7.03}

(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 impairment due to alcohol or chemical dependency shall be screened and investigated pursuant to s. SPS 2.035. After investigation, informal complaints involving impairment may be referred to the procedure 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 holder’s options for resolution 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 materials including investigative results and the credential holder’s application for participation. Eligibility shall be determined upon criteria developed by the coordinator in consultation with the disciplinary 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 responsibility to make the determination of eligibility for the procedure.

(5) The credential holder shall obtain a comprehensive assessment for chemical dependency from a treatment facility or individual therapist approved under s. SPS 7.06. The credential holder shall arrange for the treatment facility or individual therapist to file a copy of its assessment with the board liaison or coordinator. 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 procedure 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. 2-1-91; am. (2) to (6), Register, July, 1996, No. 487, eff. 8-1-96; CR 10-081: 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. 1-1-11; correction in (3), (4), (5) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 7.04 Requirements for participation {#sec-sps-7.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 7.04}

(1) A credential 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 prescription 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 provided 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 holder’s counseling, treatment and monitoring records.

(g) Have the credential holder’s supervising therapist and work supervisors file quarterly reports with the coordinator.

(h) Notify the coordinator of any changes in the credential holder’s employer within 5 days.

(i) File quarterly reports documenting the credential holder’s attendance at meetings of self-help 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 holder’s 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 complete record in making this determination.

(3) If a credential holder violates the agreement and no referral to the division occurs, then a new admission under s. SPS 7.05 (1) (a) shall be obtained for relapses and for misconduct, negligence or violations of law which are substantial. If a new admission is not obtained, then a referral to the division by the coordinator shall occur.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. Register, July, 1996, No. 487, eff. 8-1-96; am. (1) (e), Register, January, 2001, No. 541, eff. 2-1-01; CR 10-081: am. (1) (e), (f), (2), (3) Register December 2010 No. 660, eff. 1-1-11; correction in (1) (a), (c), (e), (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 7.05 Agreement for participation {#sec-sps-7.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 7.05}

(1) The agreement 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 disciplinary proceeding under ch. SPS 2.

(b) An acknowledgement by the credential holder of the need for treatment for chemical dependency;

(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 holder’s 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 consents for release of information from treatment providers and employers authorizing the release of information to the coordinator and board liaison for the purpose of monitoring the credential holder’s 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 holder’s participation in the procedure to the employer, therapist or treatment facility identified by the credential holder and an agreement to authorize the coordinator 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 informal complaint or the credential holder’s condition warrant additional safeguards.

(3) The board or board liaison may include a promise of confidentiality that all or certain records shall remain closed and not available for public inspection and copying. Any promise is subject to s. SPS 7.08 and ends upon a referral to the division. Information and records may be made available to staff within the department on an as-needed basis, to be determined by the coordinator.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (1) (a) to (g) and (2), Register, July, 1996, No. 487, eff. 8-1-96; am. (1) (d), Register, January, 2001, No. 541, eff. 2-1-011; CR 10-081: am. (3) Register December 2010 No. 660, eff. 1-1-11; correction in (1) (a), (d), (g), (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 7.06 Standards for approval of treatment facilities or individual therapists {#sec-sps-7.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 7.06}

(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 certification agencies.

(b) The treatment program focus at the facility is on the individual with drug and alcohol abuse problems.

(d) The facility, through the credential holder’s supervising therapist, agrees to file reports as required, including quarterly progress reports and immediate reports if a credential holder withdraws from therapy, relapses, or is believed to be in an unsafe condition to practice.

(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 liaison shall approve an individual therapist who:

(a) Has credentials and experience determined by the board liaison to be in the credential holder’s area of need.

(b) Agrees to perform an appropriate assessment of the credential holder’s therapeutic needs and to establish and implement a comprehensive treatment regimen for the credential holder.

(d) Agrees to file reports as required to the coordinator, including quarterly progress reports and immediate reports if a credential 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 liaison’s adverse determination.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. Register, July, 1996, No. 487, eff. 8-1-96; 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. 2-1-01.

Wis. Admin. Code § SPS 7.07 Intradepartmental referral {#sec-sps-7.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 7.07}

(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 possession of information indicating misconduct, negligence or a violation of law.

(c) Credential holders who do not complete an agreement for participation where the board liaison is in possession of information 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 credential holder’s 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 investigation 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. 2-1-91; am. (1), (3) (a) to (d), Register, July, 1996, No. 487, eff. 8-1-96; CR 10-081: r. (1), am. (3) (a), (b), (c), cr. (3) (e), (4) Register December 2010 No. 660, eff. 1-1-11.

Wis. Admin. Code § SPS 7.08 Records {#sec-sps-7.08 omnilex-key=us-wi-regs-official--agency-sps--SPS 7.08}

(1) Custodian. All records relating to the procedure including applications for participation, agreements for participation and reports of participation shall be maintained in the custody of the department secretary or the secretary’s designee.

(2) Availability of procedure records for public inspection. 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 interests 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 holder’s participation in the procedure and the status of that participation may be disclosed to credentialing authorities of other jurisdictions.

(3) Treatment records. Treatment records concerning individuals who are receiving or who at any time have received services 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. 2-1-91; am. (2), Register, July, 1996, No. 487, eff. 8-1-96; CR 10-081: am. (2) Register December 2010 No. 660, eff. 1-1-11.

Wis. Admin. Code § SPS 7.09 Report {#sec-sps-7.09 omnilex-key=us-wi-regs-official--agency-sps--SPS 7.09}

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.

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. Register, July, 1996, No. 487, eff. 8-1-96.

Wis. Admin. Code § SPS 7.10 Applicability of procedures to direct licensing by the department {#sec-sps-7.10 omnilex-key=us-wi-regs-official--agency-sps--SPS 7.10}

This procedure may be used by the department in resolving complaints against persons licensed directly by the department if the department has authority to discipline the credential holder. In such cases, the department secretary 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.”

History

Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. Register, July, 1996, No. 487, eff. 8-1-96.

Wis. Admin. Code § SPS 7.11 Approval of drug testing programs {#sec-sps-7.11 omnilex-key=us-wi-regs-official--agency-sps--SPS 7.11}

The department shall approve drug testing programs for use by credential 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, programs 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 preprinted chain-of-custody 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 toll-free 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 collected, the results of drug screen and whether or not the participant complied as directed.

(f) The program shall maintain internal and external quality of test results and other services.

(g) The program shall maintain the confidentiality of participants 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 officer.

(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 participants to other persons or entities without permission from the department. The program shall not solicit from participants presently 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 participant 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 collection protocol under 49 CFR 40.

(b) The program shall require delivery of specimens to the laboratory 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 department shall evaluate the laboratory’s compliance on a case by case basis.

(b) The program shall utilize a laboratory capable of analyzing specimens for drugs specified by the department.

(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 designated department personnel within 24 hours of processing.

(b) The program shall inform designated department personnel 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 holiday.

(c) The program shall fax, e-mail or electronically transmit laboratory copies of drug test results at the request of the department.

(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 chain-of-custody 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. 2-1-01; CR 10-081: am. (1) (d), (e) Register December 2010 No. 660, eff. 1-1-11.

Chapter SPS 8 ADMINISTRATIVE WARNINGS

Wis. Admin. Code § SPS 8.01 Authority and scope {#sec-sps-8.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 8.01}

Rules in this chapter are adopted under the authority of s. 440.205, Stats., to establish uniform procedures for the issuance and use of administrative warnings.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § SPS 8.02 Definitions {#sec-sps-8.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 8.02}

As used in s. 440.205, Stats., and in this chapter:

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

(2) “Department” means the department of safety and professional services.

(3) “Disciplinary authority” means the department or an attached examining board, affiliated credentialing board or board having authority to reprimand a credential holder.

(4) “Division” means the division of legal services and compliance in the department.

(6) “Minor violation” means all of the following:

(a) No significant harm was caused by misconduct of the credential 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.

(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. 2-1-99; correction in (2), (5) (a) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671; CR 14-019: am. (4), renum. (5) (intro.) to (5) and am., r. (5) (a) to (c) Register August 2014 No. 704, eff. 9-1-14; CR 19-114: r. (5), (6) (e) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § SPS 8.03 Findings before issuance of an administrative warning {#sec-sps-8.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 8.03}

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 credential holder.

(3) That the misconduct is a minor violation of a statute or rule related to the profession or other conduct for which discipline may be imposed.

(4) That issuance of an administrative warning will adequately protect the public.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99; CR 13-077: am. (3) Register April 2014 No. 700, eff. 5-1-14; CR 19-114: r. (2) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § SPS 8.04 Issuance of an administrative warning {#sec-sps-8.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 8.04}

(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.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § SPS 8.05 Request for a review of an administrative warning {#sec-sps-8.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 8.05}

A credential holder who has been issued an administrative 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 holder’s name and address.

(2) The reason for requesting a review.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § SPS 8.06 Procedures {#sec-sps-8.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 8.06}

The procedures for an administrative 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 disciplinary authority may request the division to appear and present a statement on issues raised by the credential holder. The disciplinary 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 withdraws 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.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Wis. Admin. Code § SPS 8.07 Transcription fees {#sec-sps-8.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 8.07}

(1) The fee charged for a transcript of a review under this chapter shall be computed by the person or reporting service preparing the transcript on the following basis:

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Chapter SPS 9 DENIAL OF RENEWAL APPLICATION BECAUSE APPLICANT IS LIABLE FOR DELINQUENT TAXES

Wis. Admin. Code § SPS 9.01 Authority {#sec-sps-9.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 9.01}

The rules in ch. SPS 9 are adopted under the authority in s. 440.03, Stats.

History

Emerg. cr. eff. 11-14-96; cr. Register, August, 1996, No. 488, eff. 9-1-96; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 9.02 Scope; nature of proceedings {#sec-sps-9.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 9.02}

The rules in this chapter govern the procedures for requesting the Wisconsin 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.

History

Emerg. cr. eff. 11-14-96; cr. Register, August, 1996, No. 488, eff. 9-1-96.

Wis. Admin. Code § SPS 9.03 Definitions {#sec-sps-9.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 9.03}

In this chapter:

(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 professional 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. 11-14-96; Cr. Register, August, 1996, No. 488, eff. 9-1-96; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register November 2007 No. 623; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 9.04 Procedures for requesting the department of revenue to certify whether an applicant for renewal is liable for delinquent taxes {#sec-sps-9.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 9.04}

(1) Renewal application form. If the department receives a renewal application that does not include the information required by s. 440.08 (2g) (b), Stats., the application shall be denied unless the applicant 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 rule-making by the department.

(2) Screening for liability for delinquent taxes. The name and social security number or federal employer identification number of an applicant shall be compared with information at the Wisconsin department of revenue that identifies individuals and organizations who are liable for delinquent taxes owed to this state.

(3) Notice of intent to deny because of tax delinquency. If an applicant is identified as being liable for any delinquent 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 according to s. 440.11, Stats., or to the address identified in the applicant’s 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 department 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 determines that grounds for denial of an application for renewal may exist other than the fact that the applicant is liable for any delinquent taxes owed to this state, the department shall make a determination on the issue of tax delinquency before investigating other issues of renewal eligibility.

History

Emerg. cr. eff. 11-14-96; cr. Register, August, 1996, No. 488, eff. 9-1-96; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 9.05 Denial of renewal {#sec-sps-9.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 9.05}

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 statement 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 rule-making by the department will correct these references.

History

Emerg. cr. eff. 11-14-96; cr. Register, August, 1996, No. 488, eff. 9-1-96; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Chapter SPS 10 USE OF PHARMACEUTICAL AGENTS BY LICENSED OPTOMETRISTS

Wis. Admin. Code § SPS 10.01 Authority {#sec-sps-10.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 10.01}

The rules in ch. SPS 10 are adopted under the authority in ss. 449.17 (1), 449.18 (6) (cm), and 961.39, Stats., to authorize the pharmaceutical agents for use by licensed optometrists in Wisconsin.

Note: To determine whether a licensed optometrist is eligible to use pharmaceutical agents under this chapter, refer to ch. Opt 6, relating to diagnostic and therapeutic pharmaceutical agents and removal of superficial foreign bodies from any eye or from an appendage to the eye.

History

CR 19-028: cr. Register January 2020 No. 769, eff. 2-1-20.

Wis. Admin. Code § SPS 10.02 Diagnostic pharmaceutical agents {#sec-sps-10.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 10.02}

(1) A licensed optometrist, authorized in accordance with ch. Opt 6, may use topical ocular diagnostic pharmaceutical agents to determine the visual efficiency of the human visual system, including refractive and functional abilities, or to diagnose the presence of ocular disease or ocular manifestations of system disease and other departures from normal.

(2) Diagnostic pharmaceutical agents include:

(a) Mydriatics.

Phenylephrine 2.5%.
Hydroxyamphetamine 1%.

(b) Cycloplegics.

Tropicamide 1%.
Cyclopentolate 1%.

Benoxinate 0.4%.
Proparacaine 0.5%.
Tetracaine 0.5%.
Benoxinate 0.4% - Fluorescein 0.25% Combination.

(d) Dyes.

Fluorescein 0.25% - Benoxinate 0.4% Combination.
Rose Bengal.

(e) Miotics.

Dapiprazole HCl.
Pilocarpine 0.125%.

(f) Any drug or device that is used for an ophthalmic diagnostic purpose and that 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 or device that is used for an ophthalmic diagnostic purpose and that 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.

History

CR 19-028: cr. Register January 2020 No. 769, eff. 2-1-20; s. 35.17 correction in (2) (e) 2. made under s. 35.17, Stats., Register January 2020 No. 769.

Wis. Admin. Code § SPS 10.03 Therapeutic pharmaceutical agents {#sec-sps-10.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 10.03}

(1) A licensed optometrist, authorized in accordance with ch. Opt 6, may prescribe or administer a drug, as specified in sub. (2), for ocular therapeutic purposes.

(2) For the purposes of this chapter, therapeutic pharmaceutical agents are limited to:

(a) Oral analgesics.

Acetaminophen.
Aspirin.
Salicylates.
Schedule III, IV and V narcotic analgesics.

(b) Controlled substances in schedule II with limitations, as specified in s. 961.39 (2m), Stats.

Epinephrine HCl.
Hydroxyamphetamine HBr.
Naphazoline HCl.
Oxymetazoline HCl.
Phenylephrine HCl.
Tetrahydrozoline HCl.
Combinations of the agents identified in subds. 1. to 6. with antihistamines or zinc sulfate.

(d) Antiallergy agents.

Topical and oral antihistamine agents in the following drug categories:

a. Alkyamines.

b. Ethanolamines.

c. Ethylenediamines.

d. Phenothiazines.

e. Piperazines.

f. Piperidines.

g. Terfenadines.

Cromolyn sodium, a mast cell stabilizing agent.

(e) Artificial tear solutions, ophthalmic irrigants and ocular lubricants.

(f) Hypertonic sodium chloride, a topical hyperosmotic agent.

(g) Yellow mercuric oxide, a miscellaneous preparation and product.

(h) Topical anesthetics.

Benoxinate HCl.
Benoxinate HCl and sodium fluorescein.
Proparacaine HCl.
Tetracaine HCl.

(i) Antibiotics.

Topical antibiotics.

a. Aminoglycosides.

b. Bacitracin.

c. Cephalosporins.

d. Ciprofloxacin HCl.

e. Erythromycin.

f. Gramicidin.

g. Norfloxacin.

h. Penicillins.

i. Polymyxin B.

j. Sulfonamides.

k. Tetracyclines.

L. Trimethoprim.

m. Zinc sulfate.

Oral antibiotics.

a. Erythromycin.

b. Tetracycline.

Topical antiviral agents.

a. Acyclovir.

b. Idoxuridine.

c. Trifluridine.

d. Vidarabine.

Acyclovir, an oral antiviral agent.

(j) Anti-inflammatory agents.

Oral non-steroidal anti-inflammatory agents.

a. Fenoprofen.

b. Ibuprofen.

c. Ketoprofen.

d. Naproxen.

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.

Topical non-steroidal agent, diclofenac sodium.

(k) Topical anticholinergic agents.

Atropine.
Atropine sulfate.
Cyclopentolate.
Homatropine.
Homatropine hydrogen bromide.
Scopolamine.
Tropicamide.

(L) Antiglaucomatous agents.

Sympathomimetics.

a. Dipivefrin.

b. Epinephrine.

Miotics, direct acting.

a. Acetylcholine.

b. Carbachol.

c. Pilocarpine.

Miotics, cholinesterase inhibitors.

a. Demecarium bromide.

b. Echothiophate.

c. Isoflurophate.

d. Physostigmine.

Topical beta-adrenergic blocking agents.

a. Betaxolol.

b. Carteolol HCl.

c. Levobunolol.

d. Metipranolol HCl.

e. Timolol.

Oral carbonic anhydrase inhibitors.

a. Acetazolamide.

b. Dichlorphenamide.

c. Methazolamide.

(m) Any drug or device that is used for an ophthalmic therapeutic purpose and that 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.

(n) Any drug or device that is used for an ophthalmic therapeutic purpose and that 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.

(o) Any drug or device that is used for an ophthalmic therapeutic purpose and that is certified by the food and drug administration pursuant to section 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.

(3) A licensed optometrist authorized to use therapeutic pharmaceutical agents may dispense a contact lens that delivers therapeutic pharmaceutical agents that are permitted under sub. (2).

History

CR 19-028: cr. Register January 2020 No. 769, eff. 2-1-20; corrections in (2) (c) 7. made under s. 13.92 (4) (b) 3., 4., Stats., Register January 2020 No. 769.

Chapter SPS 11 MILITARY MEDICAL PERSONNEL PROGRAM

Wis. Admin. Code § SPS 11.01 Authorization {#sec-sps-11.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 11.01}

The rules in this chapter are adopted pursuant s. 440.077 (5), Stats.

History

EmR2309: emerg. cr., eff. 6-1-23; CR 23-038: cr. Register March 2024 No. 819, eff. 4-1-24.

Wis. Admin. Code § SPS 11.02 Definitions {#sec-sps-11.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 11.02}

In this chapter:

(1) “Basic patient care” has the meaning given in s. Med 26.02 (4).

(2) “Department” means the department of safety and professional services.

(3) “Licensed supervising practitioner” has the meaning given in s. Med 26.02 (7).

(4) “Military medical personnel program participant” means a military medical personnel who qualifies in the program created under s. 440.077 (2) (a), Stats.

History

EmR2309: emerg. cr., eff. 6-1-23; CR 23-038: cr. Register March 2024 No. 819, eff. 4-1-24.

Wis. Admin. Code § SPS 11.03 Program {#sec-sps-11.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 11.03}

(1) Eligibility. A participant may temporarily perform certain basic patient care under the supervision of a licensed supervising practitioner and as stated under s. Med 26.04. In order to participate in the program, an applicant shall submit to the department all of the following:

(a) An estimated timeline to obtain licensure from the Medical Examining Board, the Podiatry Affiliated Credentialing Board, the Physician Assistant Affiliated Credentialing Board, or the Board of Nursing.

(b) An attestation that a signed Memorandum of Understanding as outlined in s. Med 26.04 has been filed with their employer. This document shall be made available to the department upon request and to any licensed supervising practitioner prior to the participant initiating basic patient care.

(c) Proof of military service and general or honorable discharge within the 12 months prior to the date the person signed the memorandum of understanding specified in s. Med 26.04 (1).

(2) Timeline to obtain licensure. A participant shall submit a signed reasonable timeline consistent with s. 440.077 (3) (c), Stats., that describes the actions the military medical personnel intend to take to obtain licensure in the state considering the requirements to obtain the license and any other relevant factors. A reasonable timeline is subject to approval by the Medical Examining Board under s. Med 26.05 (e).

History

EmR2309: emerg. cr., eff. 6-1-23; CR 23-038: cr. Register March 2024 No. 819, eff. 4-1-24.

Wis. Admin. Code § SPS 11.04 Expiration {#sec-sps-11.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 11.04}

A participant shall become ineligible for this program beginning on the day after the end of the estimated timeline to obtain licensure submitted under s. SPS 11.03 (1) (a). A participant may be granted a one-time extension upon request to the Medical Examining Board as stated in s. 440.077 (3) (d), Stats., and outlined in s. Med 26.06.

History

EmR2309: emerg. cr., eff. 6-1-23; CR 23-038: cr. Register March 2024 No. 819, eff. 4-1-24.

Wis. Admin. Code § SPS 11.05 Compliance, reporting, and complaints {#sec-sps-11.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 11.05}

(1) Pursuant to ch. Med 26, the medical examining board may receive and investigate complaints against participants, and may suspend or terminate a participant’s authority to perform delegated clinical acts.

(2) Failure to comply with the terms of this chapter and ch. Med 26, may result in disciplinary proceedings against the licensed supervising practitioner who delegated clinical acts to the participant. The board issuing the licensed supervising practitioner’s license shall apply the standards for licensed supervising practitioners who participate in the program outlined in s. Med 26.04 and determine if discipline is warranted under that board’s statutes and rules. Pursuant to ch. Med 26, the Medical Examining Board may also terminate or suspend a military medical personnel program participant’s ability to perform delegated clinical acts.

History

EmR2309: emerg. cr., eff. 6-1-23; CR 23-038: cr. Register March 2024 No. 819, eff. 4-1-24; correction in (2) made under s. 35.17, Stats., Register March 2024 No. 819.

Chapter SPS 30 PRIVATE DETECTIVE AND AGENCY AUTHORITY AND DEFINITIONS

Wis. Admin. Code § SPS 30.01 Authority {#sec-sps-30.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 30.01}

The rules in this chapter are adopted pursuant to ss. 227.11 (2) and 440.26, Stats.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; am. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § SPS 30.02 Definitions {#sec-sps-30.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 30.02}

In chs. SPS 30 to 35:

(1) “Agency” or “private detective agency” means an individual, partnership, limited liability company, or corporation holding a private detective agency license issued by the department or having a right to renew a license issued by the department to act as or employ private detectives or private security persons.

(1m) “Client” means a person for whom a private detective agency agrees to provide private detective services, as described in sub. (12) (a), or to supply private security personnel.

(1n) “Credential” has the meaning in s. 440.01 (2) (a), Stats.

(2) “Department” means the department of safety and professional services.

Note: The department is located at 1400 East Washington Avenue, Madison, Wisconsin 53702, telephone (608) 266-1212.

(2m) “Electric weapon” has the meaning given in s. 941.295 (1c) (a), Stats.

(3) “Employee” means any person who receives earnings as payment for personal services rendered for the benefit of an employer. A person who is listed on an employer’s payroll records and for whom federal and state payroll deductions are taken and payroll taxes paid is presumed to be an employee. However, a person is not an employee unless the employer has a right to control and direct the employee who performs the services as to the result to be accomplished by the services and as to the details and means by which the result is to be accomplished.

(4) “Firearm” means a weapon from which a shot is discharged by gunpowder, including but not limited to handguns and shotguns.

(5) “License” means a license issued by the department to a private detective agency or to a private detective under s. 440.26, Stats.

(6) “Officer” means the president, vice-president, secretary or treasurer of a corporation.

(7) “On duty” means that time during which a private detective or private security person:

(a) Receives or is entitled to receive fees or other compensation for services as a private detective or a private security person; or

(b) Acts as a private detective or private security person.

(8) “Original agency license” means:

(a) A license issued to an agency which does not hold an agency license at the time it makes application and which is not eligible to renew a license; or

(b) A license issued to an agency which has applied for a license under s. SPS 32.07 after undergoing a change of controlling ownership.

(9) “Original private detective license” means a license issued to a person who does not hold a private detective license at the time the person makes application and who is not eligible to renew the license.

(10) “Owner” means the owner of an agency. For the purpose of chs. SPS 30 to 35:

(a) The owner of a sole proprietorship is the license holder.

(b) The owners of a corporation are the officers of the corporation.

(d) The owners of a limited liability company are the members.

(10g) “Peace officer” has the meaning given in s. 939.22 (22), Stats.

(11) “Permit” means the private security permit described in s. 440.26 (5m), Stats., or a firearms permit described in s. SPS 34.015.

(12)

(a) “Private detective” means any of the following:

A person who acts as, advertises or otherwise represents that the person is a private detective, private investigator or special investigator.
A person engaged for compensation or other consideration on behalf of another, in investigating or otherwise obtaining or furnishing information relating to any of the following:

a. Crimes or wrongs done or threatened against the United States, any state or territory, or any political subdivision thereof.

b. The identity, conduct, business, honesty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation or character of any person, if such information is obtained in secret, without the knowledge of the person being observed.

c. The location, disposition or recovery of lost or stolen property.

d. The cause or responsibility for fires, libels, losses, accidents, damage, injury or death.

e. Securing evidence to be used before any court, public board, officer, or investigating committee.

A person who acts as a private security person and does not wear a uniform, including one who provides personal protection of individuals from bodily harm or death.

(b) “Private detective” does not include any of the following:

A public officer or employee while performing an official duty.
A person exempt from the licensing requirement under s. 440.26 (5), Stats.
An individual, the members of a partnership and the officers of a corporation having a private detective agency license who are not engaged in the work of a private detective.
Off-duty law enforcement officers when employed by a person or entity and when such employment has been officially authorized by the officer’s law enforcement employment department or agency as an appropriate extension of the officer’s function; provided that the law enforcement agency gives the hiring person or entity a written statement concerning who is responsible or liable for the actions of the off-duty law enforcement officer while that person is performing services for the hiring person or entity.
Persons licensed by this state for activities other than those under s. 440.26, Stats., when performing acts within the scope of their license.
Persons directly employed by an insurer and persons working as insurance adjusters under contract with an insurer.
Persons employed to act as shoppers in business establishments and report on the efficiency of employees, the quality of services or the condition of the premises.

Note: Persons engaged in posing as patrons for the purpose of checking honesty of employees and then reporting to the employer are required to be licensed.

Persons contracted as consultants to a private detective or private detective agency and who perform no investigatory work of any kind themselves.
Scientific researchers, laboratory personnel and expert consultants who may provide testimony to any court, board, officer or investigating committee.
A person who is not licensed as a private detective in Wisconsin, who commences an investigation in another jurisdiction and who physically enters into Wisconsin for the purpose of pursuing that investigation, provided that the person is accompanied by a licensed private detective while conducting the investigation and that the person is not armed with a firearm.

(13)

(a) “Private security person” means any private police, guard or any person who stands watch for security purposes. Except as provided in par. (b) 2., “private security person” includes a person employed by a private detective agency to act as an usher, a ticket-taker or an event attendant at events which include, but are not limited to, athletic events, concerts, fairs, festivals and trade shows.

(b) “Private security person” does not include any of the following:

An off-duty law enforcement officer when employed by a person or entity and when such employment has been officially authorized by the officer’s law enforcement employment department or agency as an appropriate extension of the officer’s function; provided that the law enforcement agency gives the hiring person or entity a written statement concerning who is responsible or liable for the actions of the off-duty law enforcement officer while that person is performing services for the hiring person or entity.
A person employed by a private detective agency who acts as an usher, ticket-taker or event attendant at events which include, but are not limited to, athletic events, concerts, fairs, festivals and trade shows, provided that all of the following conditions are met:

a. The person does not wear any clothing, badge, patch or lettering which identifies the person as one who provides a security function at the event or who refers to himself or herself by a title, such as a private security person, a private police officer or a private public safety person.

b. The person is not armed with a dangerous weapon.

(14) “Uniform” means any clothing, badge, patch or lettering which clearly identifies to the public a person being a security guard.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; cr. (12) (b) 11., Register, December, 1994, No. 468, eff. 1-1-95; am. (1), (7) (b), (11), (12) (a) 1., 2. e., (b) 2. and 5., cr. (1m), (1n), (10) (d), r. (12) (b) 3. and r. and recr. (13), Register, November, 1997, No. 503, eff. 12-1-97; am. (9), cr. (10g), Register, January, 2001, No. 541, eff. 2-1-01; correction in (intro.), (2), (8) (b), (10) (intro.), (11) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671; CR 20-021: cr. (2m) Register July 2021 No. 787, eff. 8-1-21.

Chapter SPS 31 CREDENTIALING REQUIREMENTS AND PROCEDURES FOR PRIVATE DETECTIVE AGENCY, PRIVATE DETECTIVE AND SECURITY PERSON

Wis. Admin. Code § SPS 31.001 Authority {#sec-sps-31.001 omnilex-key=us-wi-regs-official--agency-sps--SPS 31.001}

The rules in this chapter are adopted pursuant to ss. 227.11 (2) and 440.26 (2), (3), (4), (5m) and (5r), Stats.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § SPS 31.01 Credential required {#sec-sps-31.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 31.01}

(1) Private detective agency.

(a) Except as provided in par. (c), a person shall obtain a private detective agency license before engaging in the following activities:

Advertising, soliciting or engaging in the business of a private detective agency.
Acting as a private detective, private investigator, investigator or private security person.
Acting as a supplier of private security personnel.
Soliciting business or performing any other type of service or investigation as a private detective or private security person.
Receiving any fees or compensation for acting as any person, engaging in any business or performing any service specified in subds. 1. to 4.

(b) A private detective agency license may be issued to an individual, a partnership, a limited liability company or a corporation.

(c) An individual who holds a license as a private detective or a permit as a private security person and who is employed by a licensed private detective agency is not required to obtain a private detective agency license before acting as a private detective or a private security person.

(2) Private detective license.

(a) A private detective license is required to engage in the services of a private detective.

(b) A private detective may only provide private detective services on behalf of a private detective agency in the capacity of an employee and not as an independent contractor, unless the private detective has a private detective agency license.

(3) Private security permit.

(a) An employee of any licensed private detective agency doing business in this state as a supplier of uniformed private security persons to patrol exclusively on the private property of industrial plants, business establishments, schools, colleges, hospitals, sports stadiums, exhibits and similar activities is exempt from the license requirements under sub. (2), but shall obtain a private security permit as specified in s. 440.26 (5m) or (5r), Stats.

(b) A licensed private detective may be employed as a private security person without obtaining a private security permit.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; r. and recr. (1), renum. and am. (3) to be (3) (a), cr. (3) (b), Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § SPS 31.02 Qualifications {#sec-sps-31.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 31.02}

(1) Private detective agency license.

(a) To obtain a license as a private detective agency, an individual applicant, all members of a partnership or a limited liability company, or all corporate officers shall be listed on the application. The application of a partnership or a limited liability company shall be executed by all members of the partnership or limited liability company. An application of a corporation shall be executed by the secretary and the president or the vice president and, in addition, in the case of a foreign corporation, by the registered agent.

(b) A license may be granted under this section if the individual applicant or the members of a partnership or a limited liability company or all corporate officers who executed the application:

Subject to ss. 111.321, 111.322 and 111.335, Stats., do not have an arrest or conviction record involving a misdemeanor or a violation, as defined in s. 440.26 (4m), Stats.

1m. Have not been convicted in this state or elsewhere of a felony, unless pardoned.

Are not users of drugs or alcohol to an extent dangerous to themselves or to other persons or to an extent which could impair a person’s ability to direct or perform private detective or private security activities responsibly.
Does not have a physical, emotional or mental condition that might adversely affect the applicant’s ability to responsibly direct or perform private detective or private security activities.

(2) Private detective license. An applicant for licensure as a private detective may be granted a license under s. 440.26, Stats., if the applicant:

(a) Subject to ss. 111.321, 111.322 and 111.335, Stats., does not have an arrest or conviction record involving a misdemeanor or a violation, as defined in s. 440.26 (4m), Stats.

(am) Has not been convicted in this state or elsewhere of a felony, unless pardoned.

(b) Is not a user of drugs or alcohol to an extent dangerous to the applicant or others or to an extent which would impair the applicant’s ability to perform private detective or private security activities responsibly;

(d) Does not have a physical, emotional or mental condition that might adversely affect the applicant’s ability to responsibly perform private detective or private security activities.

(3) Private security person permit. An applicant for a permit as a private security person may be granted a permit under s. 440.26, Stats., if the applicant:

(a) Subject to ss. 111.321, 111.322 and 111.335, Stats., does not have an arrest or conviction record involving a misdemeanor or a violation, as defined in s. 440.26 (4m), Stats.

(b) Has not been convicted in this state or elsewhere of a felony, unless pardoned.

(c) Is not a user of drugs or alcohol to an extent dangerous to the applicant or others or to an extent which would impair the applicant’s ability to responsibly perform private security activities.

(d) Does not have a physical, emotional or mental condition that might adversely affect the applicant’s ability to responsibly perform private security activities.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; am. (1) (a), (b) (intro.), 1., and (2) (a), cr. (1) (b) 1m., (2) (am) and (3), Register, November, 1997, No. 503, eff. 12-1-97; cr. (1) (b) 3., (2) (d) and (3) (d), Register, January, 2001, No. 541, eff. 2-1-01; correction in (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 31.03 Application procedure for private detective agency licenses {#sec-sps-31.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 31.03}

(1) An applicant for a private detective agency license shall file with the department all of the following:

(a) A completed application on forms provided by the department.

Note: Information about application deadlines is available from the division of professional credential processing in the department at 1400 East Washington Avenue, Madison, Wisconsin 53702, telephone (608)266-0829.

(b) Except as provided in sub. (1m), for each person who, pursuant to s. 440.26 (2) (b), Stats., executes the application, 2 complete and satisfactory sets of fingerprints on forms supplied by the department.

Note: Forms are available on request from the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P. O. Box 8935, Madison, Wisconsin 53708.

(d) A bond or liability policy, as required in s. 440.26 (4), Stats.

(e) The complete business location address of the applicant including the office or room number and street address. A post office box without a complete location address is inadequate.

(f) The fee specified in s. 440.05 (1), Stats.

(g) The costs incurred by the department in obtaining information related to the eligibility and qualifications of the applicant.

(1m) A peace officer is not required to file with the department fingerprints under sub. (1) (b), if the peace officer submits with the application for a license a letter from his or her employing law enforcement agency, written not more than one month before the date of the application and stating that the person is currently employed as a peace officer by the law enforcement agency.

(2) For each person who, pursuant to s. 440.26 (2) (b), Stats., executes the application, information about whether the person is or has, within the 5 years preceding the date of application, been a user of drugs or alcohol to an extent dangerous to the person or other persons or to an extent which could impair the person’s ability to perform private detective or private security activities responsibly.

(3) The department shall provide reasonable accommodations to applicants with disabilities who are otherwise qualified.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; r. and recr., Register, November, 1997, No. 503, eff. 12-1-97; am. (1) (b), cr. (1m), Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats., Register May 2005 No. 593.

Wis. Admin. Code § SPS 31.034 Private detective agency’s responsibility to obtain and maintain a bond or liability policy {#sec-sps-31.034 omnilex-key=us-wi-regs-official--agency-sps--SPS 31.034}

(1) A private detective agency shall obtain and maintain a surety bond or liability policy as required under s. 440.26 (4), Stats. If an agency obtains a comprehensive general liability policy, the policy shall include coverage for bodily injury liability, property damage and personal injury. In any case, if an agency permits an officer or employee to carry a firearm in the course of duty, the agency shall obtain a liability policy which shall include coverage for injury or damage resulting from the use of firearms. Evidence of a comprehensive general liability policy shall consist of a certificate of insurance stating the licensee as insured and the department as certificate holder.

(2) Each licensee shall maintain without lapse in coverage the bond or comprehensive general liability policy submitted to the department before the issuance of an original or renewal license.

(3) If a private detective agency obtains a comprehensive general liability policy, the policy shall cover all licensed private detectives and private security personnel employed by the agency.

(4) An individual licensed employee is not required to obtain a bond or liability policy if the employee is covered by the employing agency’s liability policy.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § SPS 31.035 Application procedure for private detective licenses {#sec-sps-31.035 omnilex-key=us-wi-regs-official--agency-sps--SPS 31.035}

(1) An applicant for a private detective license shall file with the department all of the following:

(a) A completed application on forms provided by the department.

(b) Two complete and satisfactory sets of fingerprints on forms supplied by the department.

(d) A $2,000 surety bond, if the applicant’s private detective agency employer has obtained a bond pursuant to s. 440.26 (4), Stats.

(e) A complete address of the applicant. A post office box without a complete location address is inadequate.

(f) The fee specified in s. 440.05 (1), Stats.

(g) The costs incurred by the department in obtaining information related to the eligibility and qualifications of the applicant.

(h) A statement signed by an authorized representative of a licensed private detective agency, showing that the applicant will be employed by the agency when acting as a private detective.

(2) An applicant who is or who has, within the 5 years preceding the date of application, been a user of drugs or alcohol to an extent dangerous to the person or other persons or to an extent which could impair the person’s liability to perform private detective or private security activities responsibly shall provide the department all information necessary for the department to determine the applicant’s fitness to practice.

(3) The department shall provide reasonable accommodations to applicants with disabilities who are otherwise qualified.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97; am. (1) (b), cr. (1m), Register, January, 2001, No. 541, eff. 2-1-01; CR 04-097: r. (1m) Register May 2005 No. 593, eff. 6-1-05; correction in (1) (b) made under s. 13.93 (2m (b) 7., Stats., Register May 2005 No. 593.

Wis. Admin. Code § SPS 31.036 Application procedure for private security permits {#sec-sps-31.036 omnilex-key=us-wi-regs-official--agency-sps--SPS 31.036}

(1) An applicant for a private security permit shall file with the department all of the following:

(a) A completed application on forms provided by the department.

(b) Two complete and satisfactory sets of fingerprints on forms supplied by the department.

(d) A complete address of the applicant. A post office box without a complete location address is inadequate.

(e) The fee specified in s. 440.05 (1), Stats.

(f) The costs incurred by the department in obtaining information related to the eligibility and qualifications of the applicant.

(g) A statement signed by an authorized representative of a licensed private detective agency, showing that the applicant will be employed by the agency when acting as a private security person.

(2) An applicant who is or who has, within the 5 years preceding the date of application, been a user of drugs or alcohol to an extent dangerous to the person or other persons or to an extent which could impair the person’s ability to perform private detective or private security activities responsibly shall provide the department all information necessary for the department to determine the applicant’s fitness to practice.

(3) The department shall provide reasonable accommodations to applicants with disabilities who are otherwise qualified.

(4) The department shall issue a temporary private security permit pursuant to s. 440.26 (5r), Stats.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97; am. (1) (b); cr. (1m), Register, January, 2001, No. 541, eff. 2-1-01; CR 04-097: r. (1m) Register May 2005 No. 593, eff. 6-1-05; correction in (1) (b) made under s. 13.93 (2m (b) 7., Stats., Register May 2005 No. 593.

Wis. Admin. Code § SPS 31.037 Reciprocity for service members, former service members, and their spouses {#sec-sps-31.037 omnilex-key=us-wi-regs-official--agency-sps--SPS 31.037}

A reciprocal private detective or private security person license shall be granted to an applicant who is a service member, former service member, or the spouse of a service member or former service member as defined in s. 440.09 (1), Stats., if the department determines that the applicant meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the department may request verification necessary to make a determination under this section.

Note: Application forms are available on the department’s website at https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 266-2112.

History

CR 21-056: cr. Register July 2023 No. 811, eff. 8-1-23; correction made under s. 35.17, Stats., Register July 2023 No. 811.

Wis. Admin. Code § SPS 31.04 Examination for private detective licensure {#sec-sps-31.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 31.04}

(1) Administration. At least once every month the department shall administer or cause to be administered an examination for the licensure of private detectives.

(3) Subjects tested. The examination shall test the applicant’s knowledge or competence in those areas which the department, after consultation with subject matter experts, determines are appropriate for testing the applicant’s knowledge for protection of public health and safety.

(4) Dishonest act. An applicant may not engage in dishonest acts relating to the examination. The actions taken by the department when dishonest acts occur shall be related to the seriousness of the offense. These actions may include withholding the applicant’s score, entering a failing grade for the applicant, and suspending the ability of the applicant to sit for an examination for a specific period of time after the examination in which the dishonest acts occurred.

(5) Passing score. The score required to pass the examination shall be based on the department’s determination of the level of examination performance required for minimum acceptable competence in the profession. The department shall make the determination after consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and shall set the passing score for the examination at that point which represents minimum acceptable competence in the profession.

(6) Examination review.

(a) An applicant who fails the examination may request a review of that examination by filing a written request with the department within 30 days after the date on which examination results were mailed to the applicant.

(b) An examination review shall be conducted under the following conditions:

The time for review shall be limited to one hour.
The examination shall be reviewed only by the applicant and in the presence of a proctor.
The proctor may not respond to inquiries by the applicant regarding allegations of examination error.
Any comments or claims of error regarding specific questions or procedures in the examination may be placed in writing on the form provided for this purpose. The department shall review the comments or claims in consultation with a subject matter expert. The department shall notify the applicant in writing of the department’s decision. If the decision does not result in a passing grade, the applicant may retake the examination or file a claim of examination error pursuant to sub. (7).
An applicant shall be permitted only one review of the failed examination each time it is taken and failed.

(7) Claim of examination error.

(a) An applicant wishing to claim examination error must file a written request for department review in the department office within 30 days of the date the examination was reviewed. The request shall include:

The applicant’s name and address;
The type of license applied for;
A description of the perceived error; including specific questions or procedures claimed to be in error; and
The facts which the applicant intends to prove, including reference text citations or other supporting evidence for the applicant’s claim.

(b) The department shall review the request in consultation with a subject matter expert. The applicant shall be notified in writing of the department’s decision.

(c) If the decision does not result in a passing grade, the applicant may retake the examination or request a hearing under s. SPS 1.05.

(8) Examination retakes.

(a) There is no limit to the number of times an applicant may take the examination.

(b) An applicant who reviews the examination pursuant to sub. (6) may not retake the examination within 30 days after the date on which the examination was reviewed.

(c) An applicant who passes the examination and remains unlicensed for one year or more after the date of the examination shall again take and pass the examination before being licensed.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; r. and recr. (3) (a) to (b), am. (5), Register, December, 1994, No. 468, eff. 1-1-95; r. (2), r. and recr. (3), (4), (6), (7) (b) and (c) and am. (8), Register, November, 1997, No. 503, eff. 12-1-97; correction in (7) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 31.05 Denial of credential {#sec-sps-31.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 31.05}

(1) An application for a credential under this chapter may be denied for any of the following reasons:

(a) The applicant commits fraud or misrepresentation in the application for a credential.

(b) The applicant has a physical, emotional or mental condition which might adversely affect performance of duties relating to the credential for which he or she has applied.

(c) The applicant is dependent on alcohol to such a degree that it interferes with his or her physical or mental health or social or economic functioning, except that the department in the exercise of its discretion may issue a credential if the person submits to examination, evaluation, treatment, and monitoring as directed by the department.

(d) The applicant is addicted to the use of controlled substances or controlled substance analogs, except that the department in the exercise of its discretion may issue a credential if the person submits to examination, evaluation, treatment, and monitoring as directed by the department.

(e) The applicant’s conduct is a ground for discipline of a credential holder under s. SPS 35.01.

(2) The department may require an applicant to undergo one or more physical, mental, alcohol or drug abuse evaluations and the department may consider the results of such evaluations if it believes that the results may be useful to the department in evaluating an applicant for a credential. The costs of evaluation shall be the responsibility of the applicant.

History

Cr. Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) (e) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 31.06 Additional licensing requirements {#sec-sps-31.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 31.06}

(1) In this section ‘‘trade name” means a name that is in addition to the name under which a person obtained a private detective agency license.

(2) A person who is licensed as a private detective agency shall, before doing business under any trade name, notify the department in writing of the trade name.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; r. and recr., Register, November, 1997, No. 503, eff. 12-1-97.

Chapter SPS 32 PRIVATE DETECTIVE AND AGENCY LICENSE RENEWAL AND REPORTING REQUIREMENTS

Wis. Admin. Code § SPS 32.01 Authority {#sec-sps-32.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 32.01}

The rules in this chapter are adopted pursuant to ss. 227.11 (2), 440.05 (7), 440.11 and 440.26 (3), (4), (5), (5m) and (5r), Stats.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; corrections made under s. 13.93 (2) (b) 7., Stats., Register, December, 1994, No. 468; r. and recr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § SPS 32.03 Renewal of license more than 5 years after renewal date {#sec-sps-32.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 32.03}

A private detective who applies for renewal of a license more than 5 years after the renewal date, as defined in s. 440.01 (1) (dm), Stats., shall successfully pass the licensing examination pursuant to s. SPS 31.04 and pay the fee specified in s. 440.08 (2) (a) 61., Stats.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; am. Register, December, 1994, No. 468, eff. 1-1-95; am. Register, January, 2001, No. 541, eff. 2-1-01; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 32.04 Change of name {#sec-sps-32.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 32.04}

A credential holder shall notify the department in writing within 30 days after a change of name or address.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; am. (1) and r. (2), Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § SPS 32.05 Transfer of employment {#sec-sps-32.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 32.05}

(1) Private detectives. A licensed private detective who wishes to transfer employment from one private detective agency to another shall submit to the department a transfer application accompanied by the fee specified in s. 440.05 (7), Stats. The licensed private detective may not conduct licensed activity for the new employer until that person has mailed or delivered the transfer application and required fee to the department. Every licensed private detective shall notify the department of the name of the private detective’s current employer or employers.

Note: Forms are available on request to the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935 or accessible for download at the department webpage: http://dsps.wi.gov/Licenses-Permits/Credentialing.

(2) Private security persons. A licensed private detective agency shall notify in writing within 5 days of any change in the information which the agency has provided the department pursuant to s. 440.26 (5), Stats.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; r. and recr., Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § SPS 32.06 Termination of employment {#sec-sps-32.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 32.06}

(1) Private detectives. A licensed private detective who terminates employment with an employing private detective agency shall send written notice to the department within 10 days after the termination.

(2) Private security persons. A private detective agency shall notify the department in writing within 5 days after the termination of employment of a private security person.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; r. and recr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § SPS 32.07 Change of owners or officers {#sec-sps-32.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 32.07}

(1) Change of owners.

(a) If an agency undergoes a change of owner, the former owner shall surrender the agency license to the department within 30 days after receiving written notice from the department of the issuance of a license to the new owner.

(b) The prospective new owner of a licensed agency shall apply for and receive an original agency license before engaging in business.

(2) If there is a change in any of the officers of a corporation or members of a partnership or a limited liability company, the agency shall notify the department of the change before new officers or partners take office. Officers or members of an agency shall comply with s. SPS 31.02 (1) (b). This subsection does not apply to a change of registered agent by a foreign corporation holding an agency license, but a copy of any statement required under s. 180.1508, Stats., to be filed with the department of financial institutions shall be filed with the department within 30 days after a change of registered agent.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; am. (1) (b) and (2), Register, November, 1997, No. 503, eff. 12-1-97; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 32.08 Termination of private detective agency business {#sec-sps-32.08 omnilex-key=us-wi-regs-official--agency-sps--SPS 32.08}

An agency which terminates its business shall notify and surrender the agency license to the department within 30 days after termination.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88.

Chapter SPS 33 PRACTICE REQUIREMENTS

Wis. Admin. Code § SPS 33.01 Authority {#sec-sps-33.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 33.01}

The rules in this chapter are adopted pursuant to ss. 227.11 (2) and 440.26, Stats.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; r. and recr., Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § SPS 33.02 Private security persons to wear uniforms {#sec-sps-33.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 33.02}

A private security person holding a permit shall wear a uniform while on duty. A person may perform security guard services as a private security person without wearing a uniform only if the person is licensed as a private detective or is exempt by law from the requirement for a license or permit.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88.

Wis. Admin. Code § SPS 33.025 Private security persons to carry permits {#sec-sps-33.025 omnilex-key=us-wi-regs-official--agency-sps--SPS 33.025}

A private security person shall possess while on duty as a private security person the private security permit issued by the department and, if carrying a firearm or electric weapon, the firearms permit issued by the department if a permit is required.

History

Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 20-021: am. Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § SPS 33.03 Identification tags {#sec-sps-33.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 33.03}

A private detective agency shall furnish all employees acting as private security personnel with an identification or name tag which shall at a minimum contain the person’s name, number or other information which clearly identifies the person and the agency, or the person and the entity contracting with the agency. A private detective agency shall ensure that all employees who act as private security personnel wear identification or name tags which are visible to the public at all times and comply with this rule.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88.

Wis. Admin. Code § SPS 33.04 Agency photo identification {#sec-sps-33.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 33.04}

A licensed private detective agency shall furnish all employees acting as private detectives with an identification which shall contain at a minimum a current full face, head and shoulders color photograph of the person, the person’s name and the name and address of the agency.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88.

Wis. Admin. Code § SPS 33.05 Badges, shields and stars prohibited {#sec-sps-33.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 33.05}

Licensed private detectives may not wear, use or display any badge, shield or star in the course of acting as a private detective.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; am. Register, January, 2001, No. 541, eff. 2-1-01.

Wis. Admin. Code § SPS 33.06 Contracts required {#sec-sps-33.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 33.06}

(1) Except as provided in sub. (2), a private detective agency shall enter into a written agreement with a client before providing services to the client. The agreement shall contain at least the following provisions:

(a) The date of the agreement.

(b) The parties to the agreement.

(d) A description of the fees required by the agency for the services to be provided.

(e) A description of how or when the agreement will terminate or may be terminated by one or both parties.

(2) A private detective agency is not required to enter into a written agreement in any of the following circumstances:

(a) In an emergency situation when the services of the private detective agency are required and there is no time to enter into a written contract before conducting the services.

(b) When providing services to an attorney.

(d) When providing services to an insurance company.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; r. and recr., Register, November, 1997, No. 503, eff. 12-1-97; cr. (2) (d), Register, January, 2001, No. 541, eff. 2-1-01.

Chapter SPS 34 FIREARMS AND OTHER DANGEROUS WEAPONS

Wis. Admin. Code § SPS 34.001 Authority {#sec-sps-34.001 omnilex-key=us-wi-regs-official--agency-sps--SPS 34.001}

The rules in this chapter are adopted pursuant to ss. 227.11 (2) and 440.26 (3m) and (5r), Stats.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § SPS 34.002 Definitions {#sec-sps-34.002 omnilex-key=us-wi-regs-official--agency-sps--SPS 34.002}

In addition to definitions under s. SPS 30.02, in this chapter:

(1) “Carry” has the meaning given in s. 175.60 (1) (ag), Stats.

(2) “Dangerous weapon” has the meaning given in s. 939.22 (10), Stats.

(3) “Weapon” has the meaning given in s. 175.60 (1) (j), Stats.

History

CR 14-014: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 34.01 General conditions relating to carrying a firearm {#sec-sps-34.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 34.01}

(1) No owner or employee of an agency may carry any firearm unless all of the following conditions are met:

(a) The circumstances or conditions of the owner’s or employee’s assignment as a private security person give rise to a substantial need for being armed.

(am) The agency requires the owner or employee to carry a firearm when acting as a private security person.

(b) The client and the agency agree in writing that the agency will assign armed security personnel to the client.

(d) The owner or employee is not prohibited from possessing a firearm under s. 941.29, Stats., or any federal law.

(e) Subject to ss. 111.321, 111.322 and 111.335, Stats., the owner or employee has not been convicted of a misdemeanor.

(g) The owner or employee complies with all federal or state laws or local ordinances when carrying a firearm.

(h) The owner or employee does not hold a temporary private security permit issued under s. 440.26 (5r), Stats.

(i) The agency has obtained a comprehensive general liability policy pursuant to s. SPS 31.034.

(2) Except as provided in subs. (5) to (8), an owner or employee of any agency may not carry any concealed firearm at a time when he or she is on duty.

(3) Except as provided in subs. (5) to (8), a private detective may only carry a firearm when all the conditions in sub. (1) are satisfied. This subsection does not prohibit a private detective from having on, about or near his or her person a firearm that the private detective obtained and is holding as evidence in an investigation.

(5) A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed firearm and if s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3., Stats., applies, may carry on, about, or near his or her person a firearm, concealed or otherwise, when acting as a private detective or private security person, without first obtaining a firearms permit granted by the department.

(6) A person who is a qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), Stats., to carry a concealed firearm and if s. 941.23 (2) (b) 1. to 3., Stats., applies, may carry on, about, or near his or her person a firearm, concealed or otherwise, when acting as a private detective or private security person, without first obtaining a firearms permit granted by the department.

(7) A person who is a former officer, as defined in s. 941.23 (1) (c), Stats., to carry a concealed firearm and if s. 941.23 (2) (c), Stats., applies, may carry on, about, or near his or her person a firearm, concealed or otherwise, when acting as a private detective or private security person, without first obtaining a firearms permit granted by the department.

(8) A person who is a licensee, as defined in s. 175.60 (1) (d), Stats., or an out-of-state licensee, as defined in s. 175.60 (1) (g), Stats., to carry a concealed weapon as permitted under s. 175.60, Stats., may carry on, about or near his or her person a firearm, concealed or otherwise, when acting as a private detective or private security person, without first obtaining a firearms permit granted by the department.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; am. (1) (intro.), (a) to (c), cr. (1) (am), (d) to (g), (3) and (4), r. and recr. (2), Register, December, 1994, No. 468, eff. 1-1-95; am. (1) (intro.), cr. (1) (fm), Register, January, 1997, No. 493, eff. 2-1-97; am. (1) (b) and (d) and cr. (1) (h) and (i), Register, November, 1997, No. 503, eff. 12-1-97; am. (4), Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) (c), (i) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-014: am. (1) (intro.), r. (1) (f), (fm), am. (1) (h), (2), (3), r. (4), cr. (5) to (8) Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 34.011 Conditions relating to transporting a loaded firearm in a vehicle {#sec-sps-34.011 omnilex-key=us-wi-regs-official--agency-sps--SPS 34.011}

Except as provided in s. SPS 34.01 (5) to (8), no owner or employee of an agency may transport a loaded firearm in a vehicle; unless all of the following conditions are met:

(1) The firearm is in plain view. In this section “in plain view” means it is visible from ordinary observation to a person outside the vehicle.

Note: A firearm located in a glove compartment, in a briefcase, under a seat of a vehicle, or covered by the clothing of an occupant, is not “in plain view.”

(2) If the firearm is a handgun, the owner or employee transports the firearm in a holster which is in plain view.

(3) If the firearm is other than a handgun, the owner or employee transports the firearm in a device inside the vehicle which locks the firearm in position and prevents an unauthorized person from removing the firearm from the locking device and which is in plain view.

(4) The owner or employee complies with the requirements in s. SPS 34.01.

History

Cr. Register, January, 1977, No. 493, eff. 2-1-97; am. (intro.), Register, November, 1997, No. 503, eff. 12-1-97; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-014: am. (intro.) Register August 2014 No. 704, eff. 9-1-14; correction in (intro.) made under s. 13.92 (4) (b) 1., Stats., Register August 2014 No. 704.

Wis. Admin. Code § SPS 34.015 Application for a permit to carry a firearm {#sec-sps-34.015 omnilex-key=us-wi-regs-official--agency-sps--SPS 34.015}

(1) An agency who applies for a license or permit under ch. SPS 31 shall apply to the department for a permit to authorize any of its owners or employees to carry a firearm when assigned to do so by the agency.

Note: For a copy of Form #2156, Procedures for Certification of Proficiency to Carry a Firearm, contact the department at phone: (608) 266-1212 or download the form from the department’s webpage at http://dsps.wi.gov/Licenses-Permits/FirearmsPermit/FIREPforms.

(2) The department may grant a permit to an agency pursuant to sub. (1) if the department has determined that all of the conditions and requirements in ss. SPS 34.01, 34.02, 34.03, and 34.05 have been satisfied by the agency and the owner or employee who will be assigned by the agency to carry a firearm while on duty.

(3) A permit shall only be valid while the owner or employee performs private security services for the agency to which the permit was granted. When an owner or employee transfers employment to another agency, the other agency shall obtain a new permit before requiring or permitting the owner or employee to carry a firearm.

(4) The department may deny an application submitted to it pursuant to sub. (1) or may suspend, limit or revoke a permit which it has granted, if the department determines that the conditions and requirements described in sub. (2) have not been satisfied or do not continue to be satisfied. The department shall grant a hearing pursuant to ch. SPS 1 or 2.

(6) The agency shall pay the reasonable costs incurred by the department in obtaining information relating to the eligibility and qualifications of each owner or employee to whom the permit applies, including the reasonable costs of criminal history record searches and if submitted with a license or permit application under ch. SPS 31, shall include costs of finger printing and a U.S. FBI-national instant criminal background check system (NICS) search.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95; r. (5), Register, January, 2001, No. 541, eff. 2-1-01; correction in (2), (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-014: am. (title), (1), (2), (6) Register August 2014 No. 704, eff. 9-1-14; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register May 2017 No. 737.

Wis. Admin. Code § SPS 34.02 Certificates of proficiency to carry a firearm {#sec-sps-34.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 34.02}

(1) Before an agency may receive a permit from the department pursuant to s. SPS 34.015, the owner or employee who will be assigned to carry a firearm while on duty shall obtain a certificate of proficiency in the care, handling and use of a firearm.

Note: For a copy of Form #467, Firearms Certification of Proficiency-Initial Certification, contact the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935 or download the form from the department’s webpage: http://dsps.wi.gov.

(2)

(a) Certification shall be received from a person who is approved as a firearms proficiency certifier by the department under s. SPS 34.04.

(b) The certificate shall be notarized and shall include at least:

A full and complete description of each type of firearm, the care, handling and use of which the owner or employee is proficient.
Statements to the effect that the owner or employee has successfully completed the training required in s. SPS 34.03. These statements shall include the date, time of day, the number of hours and the location where the owner or employee completed the training.

(3) A certificate of proficiency shall be valid for one year. An owner or employee shall renew a certificate of proficiency by satisfying the requirements in subs. (1) and (2), except that the training course shall consist of a 6-hour refresher course which more briefly covers the required course contents described in s. SPS 34.03 (1). A person approved as a firearms proficiency certifier under s. SPS 34.04 may satisfy the 6-hour training requirement by conducting the 6-hour refresher course or the 36-hour course under s. SPS 34.03 (1).

(4) An owner or employee who has not obtained a certificate of proficiency under this section at any time during the 5 years preceding the issuance of a permit by the department pursuant to s. SPS 34.015 shall obtain a new certificate by successfully completing the full 36-hour course, as required in s. SPS 34.03.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; r. and recr. Register, December, 1994, No. 468, eff. 1-1-95; am. (3), Register, November, 1997, No. 503, eff. 12-1-97; correction in (1), (2) (intro.), (b), (3), (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-014: (2) (a), (b) renum. from (2) (intro.), am. (3) Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 34.03 Initial training requirements for carrying a firearm {#sec-sps-34.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 34.03}

(1) General requirement. Except as provided in sub. (2), completion of a training program of not less than 36 hours consisting of the following is required as a prerequisite for obtaining an initial certificate of proficiency to carry a firearm under s. SPS 34.02. The training program shall include all of the following:

(a) Instruction in the dangers relating to the use of the firearm, safety rules, care and cleaning of the firearm.

(b) Training in the care, handling and use of the firearm, provided in accordance with the current firearms training guide which the Wisconsin law enforcement standards board has approved for training Wisconsin law enforcement officers. When the Wisconsin law enforcement standards board has approved a new edition of the training guide to replace an older edition, training which is received after the date of which a new edition is approved may be based on the older edition for a period not to exceed 12 months after approval of the new edition by the board.

Note: The firearms training guide approved by the Wisconsin Law Enforcement Standards Board is available for inspection at the Division of Professional Credential Processing, 1400 East Washington Avenue, Madison, WI or download the guide from the department of justice webpage: http://doj.wi.gov/.

(c) Instruction in the legal use of firearms under the provisions of the Wisconsin criminal code and relevant court decisions.

(d) A presentation stressing the ethical and moral considerations which should be taken into account by any person who uses a firearm.

(e) A review of the law regarding lawful detentions.

(f) A review of the law on criminal and civil liability for intentional and negligent acts.

(2) Equivalent training. A person who had received at least 30 hours of training, as described in sub. (1), except that the training did not include the provisions of Wisconsin law, as in sub. (1) (b) and (c), shall complete the 6-hour refresher course under s. SPS 34.02 (3) to satisfy sub. (1), provided the person was authorized by another licensing jurisdiction or governmental agency to carry a firearm while on duty as a peace officer, a person who stands watch for security purposes or as a private detective at any time during the 5 years preceding application for a permit under s. SPS 34.015.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; r and recr. Register, December, 1994, No. 468, eff. 1-1-95; correction in (1) (intro.), (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-014: am. (title), (1) (intro.) Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 34.04 Approval as a firearms proficiency certifier {#sec-sps-34.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 34.04}

(1) Before certifying the proficiency of an owner or employee to carry a firearm pursuant to s. SPS 34.02, an individual shall obtain the approval of the department by submitting an application to the department on a form prepared by the department.

Note: Form #1912, Application For Approval of Firearms Proficiency Certifier, may be obtained from the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935 or download from the department’s webpage: http://dsps.wi.gov/Licenses-Permits/FirearmsCertifier/FIRECforms.

(1m) A peace officer is not required to file with the department fingerprints under sub. (5), provided that the peace officer submits with the application for approval a letter from his or her employing law enforcement agency, written not more than one month before the date of the application and stating that the person is currently employed as a peace officer by the law enforcement agency.

(2) An applicant for approval as a firearms proficiency certifier shall at the time of application meet all of the following qualifications:

(a) The individual shall have received training as a police or security firearms instructor and shall provide evidence of one of the following:

Current approval as a firearms instructor by the Wisconsin law enforcement standards board.
Current certification as a law enforcement firearms instructor by the national rifle association of America, inc.
At any time on or after January 1, 1995, was approved as a firearms instructor by the Wisconsin law enforcement standards board, or certified as a law enforcement firearms instructor, or a substantially equivalent designation, by the national rifle association of America, inc. and has completed a 6-hour firearms instructor refresher course within 12 months before application for approval by the department. The refresher course shall be presented by a regional training school approved by the Wisconsin law enforcement standards board or by a staff instructor in the law enforcement activities division of the national rifle association.
Current certification or approval as a firearms instructor from a school in the Wisconsin technical college system, that certifies or approves firearms instructors in a manner which the department determines achieves equivalency to one of the outcomes prescribed in subds. 1. to 3.
Current certification or approval as a firearms instructor from an institution approved by the U.S. department of education, that certifies or approves firearms instructors in a manner which the department determines achieves equivalency to one of the outcomes prescribed in subds. 1. to 3.

(b) Notwithstanding ss. 111.321, 111.322 and 111.335, Stats., the individual shall not have been convicted of a felony and is not prohibited from possessing a firearm under any state or federal law.

(c) The individual has, subject to ss. 111.321, 111.322 and 111.335, Stats., not been charged with a crime or convicted of a misdemeanor.

(4) The department may deny an application submitted to it pursuant to sub. (1) or may suspend, limit or revoke an approval granted under this section, if the department determines that the conditions and requirements described in sub. (2) have not been satisfied or do not continue to be satisfied. The department shall grant a hearing pursuant to ch. SPS 1 or 2.

(5) Except as provided in sub. (1m), an applicant shall submit to the department two complete and satisfactory sets of fingerprints as specified under s. SPS 31.03 (1) (b), in order to carry a firearm and the department may obtain a criminal history record search from the Wisconsin department of justice and the federal bureau of investigation relating to the applicant before initially granting a permit for that individual.

(6) The applicant shall pay the reasonable costs incurred by the department in obtaining information relating to the eligibility and qualifications of the applicant, including the reasonable costs of criminal history record searches.

(7) The approval of a firearms proficiency certifier shall expire on December 31 of each even-numbered year, unless the firearms proficiency certifier submits to the department an application for renewal on a form prescribed by the department and is reapproved by the department.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; r. and recr. Register, December, 1994, No. 468, eff. 1-1-95; r. (3) and cr. (4), (5) and (6), Register, November, 1997, No. 503, eff. 12-1-97; cr. (1m), (2) (a) 1., 2., 3., (7), am. (2) (intro.), (b), (5) and (6), renum. (2) (a) to be (2) (a) (intro.), Register, January, 2001, No. 541, eff. 2-1-01; correction in (1), (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; EmR1308: emerg. cr. (2) (a) 4., 5., eff. 6-13-13; CR 13-047: cr. (2) (a) 4., 5. Register February 2014 No. 698, eff. 3-1-14; CR 14-014: am. (2) (a) 2., 3., (4) to (7) Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 34.05 Agency firearms policy and laws {#sec-sps-34.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 34.05}

(1) Each agency shall file with the department a copy of its firearms policy before any of its owners or employees may receive a permit granted by the department pursuant to s. SPS 34.015 and thereafter within 30 days after any substantial changes to its firearms policy.

Note: For filing of an agency’s firearms policy, mail the policy to the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935.

(2) Each agency shall maintain a current copy of ss. 939.48 and 939.49, Stats., relating to the use of force, and shall make these documents accessible to its owners and employees.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; am. Register, December, 1994, No. 468, eff. 1-1-95; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-014: am. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 34.06 Reporting the discharge of a firearm {#sec-sps-34.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 34.06}

If any owner or employee of an agency is responsible for the accidental or intentional discharge of any firearm other than in target practice, competition, or licensed hunting, or is responsible for the accidental or intentional use of deadly force by any means, the owner or employee shall immediately after the incident notify the local law enforcement agency where the incident took place and inform his or her supervisor of the incident. The supervisor or another person assigned by the agency shall investigate the incident as soon as possible, and shall make a signed, written report of the incident, identifying all persons involved in the incident, the investigator, and the agency, and fully describing the circumstances of the incident. As soon as possible after the investigation is completed, a copy of the report shall be filed with the department and with the local law enforcement agency.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; am. Register, December, 1994, No. 468, eff. 1-1-95; am. Register, August, 1995, No. 476, eff. 9-1-95.

Wis. Admin. Code § SPS 34.065 Electric weapons {#sec-sps-34.065 omnilex-key=us-wi-regs-official--agency-sps--SPS 34.065}

An owner or employee of an agency may only be armed with an electric weapon while on duty if the owner or employee of the agency has been issued a permit under s. SPS 34.015 (2) to carry a firearm, or is exempt from the permit requirement under s. SPS 34.01 (5) to (8).

History

CR 20-021: cr. Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § SPS 34.07 Other dangerous weapons {#sec-sps-34.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 34.07}

An owner or employee of an agency may only be armed with a dangerous weapon other than a firearm or electric weapon, which based on their training, they are proficient in handling. The person shall understand the legal limits of force with the weapon, the dangers of misuse of the weapon and the safety rules relating to the weapon. The agency shall, upon request of the department, provide documentation of the training or experience which prepared the person to be proficient in the use of the weapon.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; am. Register, December, 1994, No. 468, eff. 1-1-95; CR 20-021: am. Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § SPS 34.08 Replica or facsimile of a firearm {#sec-sps-34.08 omnilex-key=us-wi-regs-official--agency-sps--SPS 34.08}

No owner or employee of an agency may, at any time while he or she is on duty, carry on, about, or near the person, concealed or otherwise, an object that looks like a firearm, but is not.

History

Cr. Register, December, 1994, No. 468, eff. 1-1-95; am., Register, November, 1997, No. 503, eff. 12-1-97; CR 14-014: am. Register August 2014 No. 704, eff. 9-1-14.

Chapter SPS 35 GROUNDS FOR DISCIPLINE AGAINST A PRIVATE DETECTIVE, A PRIVATE SECURITY PERSON OR A PRIVATE DETECTIVE AGENCY

Wis. Admin. Code § SPS 35.001 Authority {#sec-sps-35.001 omnilex-key=us-wi-regs-official--agency-sps--SPS 35.001}

The rules in this chapter are adopted pursuant to ss. 227.11 (2) and 440.26 (2), (4m), (5m), (6) and (8), Stats.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § SPS 35.01 Unprofessional conduct {#sec-sps-35.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 35.01}

The department may deny an application for renewal, limit, suspend or revoke a credential, or reprimand a credential holder upon proof that the credential holder or any owner of an agency has engaged in conduct reflecting adversely on professional qualification. Conduct reflecting adversely on professional qualification includes, but is not limited to, any of the following:

(1) Performing private detective or private security related services while the ability of the credential holder to competently perform duties is impaired by mental or emotional disorder or alcohol or other drug abuse. A certified copy of an adjudication of mental incompetency shall constitute prima facie evidence of impairment by mental or emotional disorder under this subsection.

(2) Violating, or aiding or abetting the violation of, any law the circumstances of which substantially relate to the practice of a private detective or private security person. A credential holder who has been convicted of a felony, misdemeanor or ordinance violation, as defined in s. 440.26 (4m), Stats., shall send to the department within 48 hours after the judgment of conviction or the judgment finding that the person committed the violation, a copy of the complaint or other information which describes the nature of the crime or conviction and the judgment of conviction in order that the department may determine whether disciplinary action must or should be taken against credential holder.

(3) Operating under a name that is different than a name that the credential holder has provided to the department on an application for a credential or in other written form pursuant to s. SPS 31.06.

(4) Wearing, using or displaying a badge, shield or star in the course of acting as a private detective.

(4m) Failing to possess a private security permit while on duty as a private security person and, if carrying a firearm or electric weapon while on duty, failing to possess the firearms permit issued by the department if a permit is required.

(5) Pretending to be a law enforcement agency or peace officer including but not limited to:

(a) Operating a motor vehicle with flashing red or blue lights contrary to s. 347.25, Stats.

(b) Using the term “police department” in connection with advertising, badge, emblem, stationery, or vehicle.

(c) Intentionally wearing uniforms to closely resemble in style, color, accessories or insignia the uniforms of a police agency in whose jurisdiction the licensee conducts business.

(6) Using false, misleading or deceptive advertising.

(7) Advising any person to engage in an illegal act or course of conduct.

(8) Violating state or federal law rules or regulations related to the care, handling or use of firearms or other dangerous weapons.

(9) Violating any rule in chs. SPS 30 to 35.

(10) Employing any person who engages in any act or course of conduct for which the department may discipline a credential holder, if the employer knows or should know that the person is engaging or has engaged in the act or course of conduct.

(11) Failing to maintain a bond or liability policy for the period of licensure as required by s. 440.26, Stats.

(12) Neglecting, failing or refusing to render professional services to any person solely because of that person’s age, race, color, disability, sex, sexual orientation, religion, creed, national origin, marital status, lawful source of income, or ancestry.

(12m) Violating the requirements for written contracts in s. SPS 33.06.

(13) Assigning any person to perform private detective or security personnel duties who has not been issued a license or permit prior to performing the services or who has not properly notified the department of an employment transfer pursuant to s. SPS 32.05.

(14) Failing to provide clients with an accurate written account of services within a reasonable period of time after having been requested to do so by the client.

(15) Issuing checks on business or trust accounts which contain insufficient funds.

(16) Employing a person under the age of 18 years to act as a private detective or private security person.

(17) Providing false information in the application for a credential.

(18) Providing false information to the department or its agent.

(19) Practicing without a current credential.

(20) Obtaining or attempting to obtain anything of value from a client without the client’s consent.

(21) Obtaining or attempting to obtain any compensation from a client by fraud, misrepresentation, deceit or duress.

(22) Having disciplinary action through final board or agency action taken against one’s credential in another jurisdiction.

(23) After a request by the department, failing to cooperate in a timely manner with the department’s 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 department has not acted in a timely manner.

(24) Providing private detective services to a client in any situation where the exercise of the private detective’s independent professional judgment on behalf of a client will be or is likely to be adversely affected.

(25) Providing services to 2 clients when the provision of services to one client directly and adversely affects the interests of the other client without the knowledge and written consent of the clients.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; am. (2) and (12), cr. (12m), Register, December, 1994, No. 468, eff. 1-1-95; am. (intro.), (1), (2), (3). (10), (13), (17), (19), (22) and (23), r. and recr. (12m) and cr. (24) and (25), Register, November, 1997, No. 503, eff, 12-1-97; am. (1), cr. (4m), Register, January, 2001, No. 541, eff. 2-1-01; correction in (12m) made under s. 13.93 (2m) (b) 7., Stats., Register November 2007 No. 623; correction in (3), (9), (12m), (13) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 20-021: am. (4m) Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § SPS 35.02 Discipline against agency for private detective violations {#sec-sps-35.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 35.02}

The department may take disciplinary action against a licensed private detective agency for violations of chs. SPS 30 to 35 committed by licensed private detectives or security persons employed by the agency.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 35.03 Effect of suspensions, revocation or nonrenewal of agency license on agency employees {#sec-sps-35.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 35.03}

(1) Suspension, revocation or nonrenewal of an agency license shall terminate private detective or private security personnel activity by all employees of the agency.

(2) A credential holder employed by an agency whose agency license is suspended, revoked or not renewed by the department may transfer employment to another agency, provided that the private detective or private security person was not a party to the act or course of conduct which caused the suspension, revocation or nonrenewal of the agency license of the former employer.

History

Cr. Register, October, 1988, No. 394, eff. 11-1-88; am. (2), Register, November, 1997, No. 503, eff. 12-1-97.

Chapter SPS 50 BARBERS

Subchapter I General

Wis. Admin. Code § SPS 50.100 Authority and scope {#sec-sps-50.100 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.100}

Pursuant to subch. II of ch. 454, Stats., this chapter applies to licensing of barbers and barbering establishments.

Note: Under s. 454.22 (1), Stats., “No person may engage in barbering unless the person is one of the following:

(a) A licensed barber.

(d) A student in a barbering course of instruction.

(e) A person who holds a temporary permit to practice barbering granted by the department under s. 454.23 (7).

(f) A licensed cosmetologist.

(h) An apprentice in cosmetology under s. 454.10.

(i) A student in a cosmetology course of instruction.

(j) A person who holds a temporary permit to practice cosmetology granted by the cosmetology examining board under s. 454.06 (10).

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; CR 23-055: am. Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § SPS 50.110 Definitions {#sec-sps-50.110 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.110}

In this chapter:

(1) “Antiseptic” means a chemical that kills or inhibits the growth of organisms on skin or living tissue.

(1m) “Apprentice” means a person who is learning the practice of barbering under s. 454.26, Stats.

(2) “Barber” has the meaning given in s. 454.20 (1), Stats.

Note: Section 454.20 (1) of the Statutes reads as follows: “ ‘Barber’ means a person who practices barbering.”

(3) “Barbering” has the meaning given in s. 454.20 (2), Stats.

Note: Section 454.20 (2) of the Statutes reads as follows: “‘Barbering’ means, for compensation, arranging, styling, dressing, shampooing, cleansing, curling, dyeing, tinting, coloring, bleaching, waxing, waving, straightening, cutting, shaving, trimming, relaxing, singeing, or performing similar work upon the hair of the head, neck, or face of any person by any means. ‘Barbering’ does not include the removal of a person’s hair at the root or the application of temporary or permanent eyelash extensions to the eyelashes of a person.” The definition of barbering specifically allows barbers to perform waxing but prohibits barbers from performing all other forms of hair removal at the root.

(5) “Business day” means any day Monday to Friday, excluding Wisconsin legal holidays.

(6) “Contact equipment” includes combs, lifts, brushes, and rollers.

(7) “Contagious” means capable of being transmitted by direct or indirect contact.

(8) “Continuing education” means the planned, professional development activities designed to contribute to the advancement, extension, and enhancement of the professional skills or knowledge of the licensees in the practice of barbering.

(11) “Credential” means a license, permit, or certificate or certification of registration that is issued under ch. 454, Stats.

(12) “Department” means the department of safety and professional services.

(13) “Disinfectant” means a chemical or product that destroys disease-causing bacteria, including any of the following:

(a) A solution of household bleach, which is 5¼% sodium hypochlorite, and water—if the solution is made fresh each day prior to use and contains at least 500 parts per million available chlorine.

Note: This concentration typically can be obtained with a dilution ratio of 1:100, which is two teaspoons of household bleach per quart of water.

(b) A solution of at least 70 percent isopropyl alcohol.

(d) A solution using an iodophor germicidal agent such as iodine or Betadine®.

(e) A solution using a quaternary-ammonium germicidal agent.

(14) “Disinfection” means application of a disinfectant following thorough cleaning of the utensil.

(15) “Division” means the division of legal services and compliance in the department of safety and professional services.

(16) “Establishment” has the meaning given in s. 454.01 (10), Stats.

Note: Section 454.01 (10) of the Statutes reads as follows: “ ‘Establishment’ means any place in which barbering, cosmetology, aesthetics, electrology, or manicuring is performed.”

(17) “Full time” means work that is performed for 30 hours per week or the maximum number of hours an establishment is open if the establishment is open less than 30 hours per week.

(18) “Infectious” means capable of being transmitted, with or without contact.

(19) “Licensee” means a person who holds a license, permit, certificate, or registration issued by the department or who has the right to renew a license, permit, certificate, or registration issued by the department.

(20) “Manager” means a person who meets the criteria established in s. 454.25 (5), Stats.

(21) “Owner” means a person who holds an establishment license or right to renew an establishment license.

(22) “Patron” means a person to whom services from a barber are provided for compensation.

(23) “Personal care instruments” include scissors, razors, and clipper blades.

(24) “Physician” means a person licensed in Wisconsin to practice medicine and surgery.

(25) “Sterilization” means a process that destroys all forms of microbial life, including spores.

(26) “Supervision” means regular, on-premise coordination, direction, and inspection of the practice of another.

(27) “Temporary permit” means a permit issued by the department under s. 454.23 (7), Stats.

Note: Under section 454.23 (7) of the Statutes, temporary permits allow applicants to perform barbering for up to 6 months while they are scheduled to take the licensure examination.

(28) “Wound” means an injury to the body in which the skin or other tissue is broken, cut, pierced, or torn, such as through a scissors cut, razor cut, or other laceration.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; CR 15-028: cr. (1m) Register September 2015 No. 717, eff. 10-1-15; CR 23-055: r. (4), (9), (10), r. and recr. (20) Register May 2024 No. 821, eff. 6-1-24.

Subchapter II Practice of Barbering

Wis. Admin. Code § SPS 50.200 Treatments prohibited, infectious and contagious diseases {#sec-sps-50.200 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.200}

(1) No licensee may treat any disease of the skin unless under the direction of a physician.

(2) No licensee may provide services to a patron suffering from an infectious or contagious scalp or skin disease unless the licensee takes appropriate precautions and uses safeguards to prevent the spread of the disease to other patrons and to the licensee.

(3) No licensee, having a known infectious or contagious disease, may provide a service to a patron if the licensee is, by reason of the disease, unable to safely and competently perform the service.

(4) No licensee may provide services to a patron if the licensee has a known infectious or contagious disease unless the licensee takes appropriate precautions and uses safeguards that prevent the spread of the disease to patrons.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.210 Practice standards {#sec-sps-50.210 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.210}

(1) Services provided by any licensee shall be performed in a manner that is consistent with basic and accepted practice standards and in accordance with all state statutes and department rules applicable to barbering.

(2) Licensees may provide only those services that they are competent to perform by training or experience and are licensed to provide.

(3) Licensees shall provide services to the best of their ability and make reasonable efforts to comply with requests in a manner that is satisfactory to a patron. Licensees may not provide services to a patron without first obtaining the consent of the patron or legal guardian of the patron.

(4) Licensees may neither consume alcohol nor take controlled substances during practice, unless prescribed by a physician.

(5) Licensees shall take adequate and necessary precautions to protect the patron from health and safety hazards when performing services. Licensees may not smoke while performing personal services on a patron.

(6) Licensees may not engage in sexual harassment or sexual assault of a patron, former patron, employee, employer, or co-worker. In this section, “sexual harassment” and “sexual assault” have the meanings defined in ss. 111.32 (13), 940.225 (1), (2), (3), and (3m) and 948.02 (1) and (2), Stats.

Note: Section 111.32 (13) of the Statutes defines sexual harassment as “ ...unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature or unwelcome verbal or physical conduct of a sexual nature. ‘Sexual harassment’ includes conduct directed by a person at another person of the same or opposite gender. ‘Unwelcome verbal or physical conduct of a sexual nature’ includes but is not limited to the deliberate, repeated making of unsolicited gestures or comments of a sexual nature; the deliberate, repeated display of offensive sexually graphic materials which is not necessary for business purposes; or deliberate verbal or physical conduct of a sexual nature, whether or not repeated, that is sufficiently severe to interfere substantially with an employee’s work performance or to create an intimidating, hostile or offensive work environment.”

Note: Body piercers, body piercing establishments, tattooists, and tattoo establishments are regulated by the Department of Health Services under chapter DHS 173. Tanning facilities and tanning facility operators are regulated by the Department of Health Services under chapter DHS 161.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.211 Unauthorized practice {#sec-sps-50.211 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.211}

(1) Licensees may not assist or participate in the unauthorized or unlicensed practice of barbering.

(2) Licensees shall report to the department unauthorized or unlicensed practice or other violations of subch. II of ch. 454, Stats., and this chapter.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.212 Practice outside of a licensed establishment {#sec-sps-50.212 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.212}

A person authorized to practice barbering under s. 454.22 (1), Stats. may provide barbering services outside of a licensed establishment if all the following are true:

(1) The person owns, manages, is employed by, or is affiliated with an establishment that is licensed to provide services under s. 454.08 (2) (a) or 454.25 (2), Stats.

(2) The person brings to the outside service location their active credential certificate, or a copy, provided to them under s. 454.23 (4), Stats.

(3) The person complies with all practice standards, equipment, and sanitation requirements provided in this chapter when providing barbering services outside of a licensed establishment.

(4) The services provided do not involve the use of a chemical process, with the exception of a chemical process in cleansing, cutting or styling hair.

Note: Section 454.21, Stats., states: 454.21 Limitations and Exceptions. Barbering does not include any of the following:

(1) A service performed by a person licensed, certified, or registered under the laws of this state as a physician, physician assistant, nurse, or funeral director if the service is within the scope of the license, certificate, or registration.

(2) A service performed in a correctional institution, hospital, or licensed nursing home under the supervision of a person responsible for inmate or patient care.

(3) (a) A service performed preparatory to a live public performance or appearance, whether in-person or through broadcast media, including the Internet.

(b) A service performed in the course of the production of any digital or analog recording of a moving or still image intended for public release or broadcast, including through the Internet.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; CR 23-055: r. and recr. Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § SPS 50.220 Advertising {#sec-sps-50.220 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.220}

(1) Advertising by licensees shall be truthful and accurate and may not mislead the public.

(2) An establishment shall either post a list of cost of services in a conspicuous place or display a sign that states, “All establishment patrons have the right to be informed of the cost of services before the services are provided.”

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.230 Responsibilities of owners {#sec-sps-50.230 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.230}

The owner of any licensed establishment shall be responsible for compliance with subch. II of ch. 454, Stats., and this chapter. The owner shall do all of the following:

(1) Provide supplies and equipment necessary to maintain safe and sanitary establishment conditions.

(2) Ensure the provision of supervision and training of apprentices and temporary permit holders.

Note: See section SPS 50.310 for additional requirements for owners who have apprentices.

(3) Owners shall maintain and provide appropriate records for apprentices, temporary permit holders, and barbers, including employment records, to enable apprentices or barbers to meet the requirements of s. 440.63 (3) (a) 2. or 454.23 (2), Stats., for credentialing as an instructor, or barber, respectively. Owners shall maintain these records for a minimum of 5 years.

(4) Employ at least one licensed barber or cosmetologist as a full-time manager who shall have direct authority over the operations of the establishment.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756; CR 23-055: am. (3), (4) Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § SPS 50.231 Responsibilities of the manager {#sec-sps-50.231 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.231}

(1) The manager of a barbering establishment shall be responsible for the daily operations of the establishment and ensure that the establishment is in compliance with subch. II of ch. 454, Stats., and this chapter. The manager shall maintain supplies and equipment necessary to ensure safe and sanitary establishment conditions.

(3) The manager shall, for a minimum of 5 years, maintain and provide appropriate records for apprentices, temporary permit holders, and barbers, including employment records, to enable apprentices or barbers to meet the requirements of ss. 440.63 (3) (a) 2. and 454.23 (2), Stats., for credentialing as an instructor or barber, respectively.

(4) The manager shall post all required licenses, permits, and notices within the establishment in a conspicuous location where they are readily visible to the public.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756; CR 23-055: r. (2), am. (3) Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § SPS 50.232 Responsibilities of licensees {#sec-sps-50.232 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.232}

Licensees holding current licenses or permits granted under subch. II of ch. 454, Stats., shall be responsible for all of the following:

(1) Compliance with the sanitation and safety precautions contained in ss. SPS 50.270 to 50.290.

(2) Their own professional practice, conduct, and compliance with ss. SPS 50.200 to 50.220.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.240 Establishment requirements {#sec-sps-50.240 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.240}

(1) Barbering may not be practiced outside the confines of a licensed establishment except as provided in s. SPS 50.212.

(2) Establishments where apprentices are trained shall provide equipment, supplies, and products for all barbering services.

(3) Where an establishment is located in the same building as a residence, the business and living quarters shall be separate.

(4) Establishments shall provide a basin that has hot and cold running water, and a chair that is designed for the service to be provided. At least one basin shall be constructed and available to permit licensees to wash their hands prior to serving each patron and following removal of gloves. Establishments shall provide the equipment and supplies necessary to perform services offered. Basins may be shared with other establishments located on the same premises.

Note: See chapters SPS 361 to 366 or 320 to 325 for ventilation requirements in commercial buildings or one- and two-family dwellings, respectively.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.241 Establishment management and leasing requirements {#sec-sps-50.241 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.241}

(1) Manager required. The owner of a barbering establishment may not operate the establishment unless a manager is employed for the establishment, subject to the exception for temporary unavailability of a manager in s. SPS 50.230 (4). The manager shall be responsible for supervising and managing the operation of the establishment. The owner and the manager shall ensure that the establishment operates in compliance with subch. II of ch. 454, Stats., and rules of the department including all of the following:

(a) The owner of more than one establishment shall employ a sufficient number of managers to satisfy the requirement that a manager be present full time in each establishment.

(b) The owner of a barbering establishment may satisfy the requirement in this section by employing a manager who also works at an establishment owned by a different person, provided the manager works full time at each establishment where he or she is employed as manager.

(c) A manager is required to be present in an establishment full time except if an establishment is open for more than 30 hours per week, the manager is not required to be present in the establishment at all times when the establishment is open for business, and the manager may be absent for reasonable brief periods during a day.

(2) Chair or booth leasing. An individual who is neither employed by nor otherwise hired by an owner may perform barbering or cosmetology with a chair or booth in the owner’s establishment only if all of the following are complied with:

(a) A lease agreement between the owner and individual, for the chair or booth, shall be executed in writing.

(b) The lessee shall be responsible for ensuring that the leased chair or booth operates in accordance with subch. II of ch. 454, Stats., and the rules of the department.

(d) The lessee may not supervise an apprentice who has an apprenticeship contract with another establishment.

Note: “Lease agreement” in this section includes chair and booth “rental” agreements. To avoid unintended insurance and tax consequences, all parties to a lease or rental agreement are advised to consult with appropriate business advisors and government agencies.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.242 Establishment licensure {#sec-sps-50.242 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.242}

(1) Before a person may open a new establishment, or change the ownership of an existing establishment, or relocate and create a new establishment as specified in s. SPS 50.260 (2), the person shall submit an application to the department on a form specified by the department.

Note: The application form is available on the Department’s Web site at www.dsps.wi.gov/Home.

(2) The department shall require identification of the owner, business address, manager, and type of business, in addition to other information that may be needed to approve the issuance of a license.

(3) Upon approval of the application and issuance of the license, the establishment may open for business.

(4) Falsification of any information on the application may be grounds for denial, suspension, or revocation of the establishment license, as provided in s. 454.29, Stats., and subject the applicant to penalties as indicated in s. 454.295, Stats.

Note: Section 454.295 of the Statutes reads as follows: “Any person who violates this subchapter [II] or any rule promulgated under this subchapter shall be fined not less than $100 nor more than $5,000 or imprisoned for not less than 10 days nor more than 90 days or both.”

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.250 Inspections {#sec-sps-50.250 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.250}

(1) Inspections by field representatives or agents of the department may be conducted to assure compliance with subch. II of ch. 454, Stats., and ss. SPS 50.100 to 50.310.

(2) Upon notification of violation, licensees shall respond within 10 business days either by notifying the department of correction of the violation or presenting a proposed plan of correction for department approval.

(3) Failure to respond to a notice of violation or to comply with a plan of correction approved by the department is subject to the provisions for misconduct under s. 440.205, Stats., and to the disciplinary proceedings and actions under s. 454.29, Stats.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.260 Change of ownership or location {#sec-sps-50.260 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.260}

(1) Change of ownership of any establishment constitutes the creation of a new establishment and shall include submission of an application to the department for a new establishment license.

(2) Change of location of any establishment constitutes the creation of a new establishment and shall include submission of an application to the department for a new establishment license. Relocation of a leased chair or booth that is licensed as an establishment and housed within a lessor establishment shall include written notification to the department identifying the change of chair or booth.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.270 Equipment and sanitation {#sec-sps-50.270 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.270}

(1) All areas of an establishment and the equipment, tools, and implements used by licensees for services in an establishment shall be maintained in a clean, sanitary, and safe condition.

(2) Licensees shall wash their hands thoroughly with soap and running water prior to serving each patron and following removal of gloves. Waterless hand washing agents that kill 99.99% of germs are an acceptable substitute for using soap and running water to wash hands that are not visibly soiled.

(3) Contact equipment that cannot be cleaned with soap or detergent and water shall be disposed of following each use.

(4) All liquids, creams, powders, and semi-solid substances shall be dispensed from a container in a manner that will prevent contamination of the unused portion of the substance.

(5) Shampoo bowls and basins shall be drained after each use and kept in a sanitary and safe condition.

(6) Clean towels shall be used for each patron. A neck strip or towel shall be placed around the neck of the patron to prevent contact with the cape. The head rest of any operating chair shall be covered with fresh linen or paper for each patron.

(7) All other equipment and instruments shall be clean to sight and touch.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.271 Disinfection {#sec-sps-50.271 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.271}

(1) Unless sterilized, disinfection is required prior to reusing any personal care instruments or contact equipment on another patron.

(2) Disinfection for personal care instruments shall consist of cleaning with soap and water to remove all organic material, wiping with or spraying with a disinfectant, and air-drying.

(3) Disinfection for contact equipment shall consist of cleaning with soap and water to remove all organic material, soaking in or spraying with a disinfectant, and air-drying.

(4) Clean and disinfected contact equipment shall be placed in one or more covered containers. One or more separate containers shall be provided for the immediate storage of soiled contact equipment until cleaned and disinfected.

(5) Disinfectant used for decontamination shall be changed as per manufacturer’s recommendations and shall be kept in a covered container.

(6) Laundry shall be disinfected by washing with a solution containing a germicidal compound.

Note: Bleach and Lysol® (brown bottle) are examples of germicidal compounds.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.272 Sterilization {#sec-sps-50.272 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.272}

(1) Sterilization shall be accomplished by use of a dry heat or steam sterilizer cleared for marketing by the food and drug administration, and shall be used according to the manufacturer’s instructions. If steam sterilization, moist heat, is utilized, heat exposure shall be at a minimum of 121°C or 250°F, for at least 30 minutes. If dry heat sterilization is utilized, heat exposure shall be at a minimum of 171°C or 340°F, for at least 60 minutes.

(2) Sterilizers shall be maintained in working order. Equipment shall be checked in compliance with the manufacturer’s recommendations at least monthly to ensure that it is reaching required temperatures.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.280 Supplies {#sec-sps-50.280 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.280}

(1) All work stations shall be supplied with at least one of the antiseptics listed in s. SPS 50.290 (2) or (4) for use by licensees in case of injury.

(2) All licensees working in a licensed establishment shall be supplied with bandages and disposable gloves.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.290 Procedure for exposure to blood {#sec-sps-50.290 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.290}

(1) When any patron or licensee is exposed to blood by a wound or other exposure to broken skin or a mucous membrane, the licensee shall stop barbering and then comply with sub. (2) and then sub. (3), or then comply with sub. (3) and then sub. (4), or whichever are applicable, before resuming the barbering.

(2) Thoroughly wash the exposed area or wound on the licensee’s body with soap and water, and then disinfect the exposed area or wound with a topical antiseptic such as iodine, 70% isopropyl alcohol, or 6% stabilized hydrogen peroxide or equivalent.

(3) Put on protective gloves.

(4) Thoroughly wash the exposed area or wound on the patron’s body with soap and water, and then disinfect the exposed area or wound with a topical antiseptic such as iodine, 70% isopropyl alcohol, or 6% stabilized hydrogen peroxide or equivalent.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Subchapter III Licensure Through School or Through Apprenticeship, Examinations, and Licensing

Wis. Admin. Code § SPS 50.300 Licensure through school {#sec-sps-50.300 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.300}

(1g) Approved schools. An applicant for licensure as a barber may receive instruction in a school licensed under s. 440.62 (3) (ag), Stats., exempted under s. 440.61, Stats., or accredited by any of the following:

(a) National Accrediting Commission of Career Arts & Sciences (NACCAS).

(b) Accrediting Commission of Career Schools and Colleges (ACCSC).

(d) National Interstate Council of State Boards of Cosmetology (NIC).

(e) Any other accrediting agency relating to cosmetology that is recognized by the U.S. Department of Education.

(1r) General. Schools that provide instruction to students for a barber’s license shall develop curricula for instruction which are based on the applicable syllabus approved by the department. A school may not deviate from the hours listed for subjects in the appropriate syllabus included in this section.

Note: See chapters SPS 60 to 65 for requirements relating to licensing and corresponding regulation of schools of barbering.

(2) Barber’s license syllabus. The syllabus for the barber’s license is shown in Table 50.300–1.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; CR 15-028: cr. (1g), as renumbered, am. (1r), as renumbered, Register September 2015 No. 717, eff. 10-1-15; renum. (intro.), as created by CR 15-028, and (1) to (1g) and (1r) under s. 13.92 (4) (b) 2., Stats., cr. (1g) (title) under s. 13.92 (4) (b) 2., Stats., Register September 2015 No. 717; CR 23-055: am. (1g) (intro.), (1r), r. (3), Table 50.300-2 Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § SPS 50.310 Licensure through apprenticeship {#sec-sps-50.310 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.310}

(1) Apprenticeship applications and permits.

(a) The owner of an establishment seeking to train an apprentice shall contact the department of workforce development or the department of safety and professional services for an apprenticeship application. The application shall be submitted to the department of workforce development.

Note: The apprenticeship application form is available on the Department’s Web site at http://dsps.wi.gov. After receiving and processing the application form, the DWD sends the form to the Department of Safety and Professional Services.

(b) An initial apprenticeship permit shall be issued by the department for a period of 3 years. The permit shall be extendable for one additional 1-year period upon submittal of all of the following:

Payment of a $10 fee.
Notification to the department of safety and professional services from the department of workforce development of acceptable progress by the apprentice in theory instruction and practical training.

(d) Each apprentice shall enter an apprenticeship contract with an establishment owner or his or her designated agent who shall employ and make arrangements for training of the apprentice in accordance with subch. II of ch. 454, Stats., and the rules of the department.

Note: Under section 454.26 (1) of the Statutes, every barber apprentice is also governed by section 106.01 of the Statutes and chapters DWD 295 and 296. Section 106.01 of the Statutes requires the Department of Workforce Development to also be a party to any contract under this paragraph.

(e) The owner or his or her designated agent shall provide the apprentice with the equipment necessary to learn all phases of practical barbering as listed in sub. (3) and keep records of all apprentice practical work hours.

(f) An apprentice seeking to transfer his or her apprenticeship contract to another establishment owner shall contact the department of workforce development or the department safety and professional services for transfer procedures. An apprentice may not transfer without prior approval of the department.

(g) Cancellation of an apprenticeship contract by the department of workforce development shall result in an automatic suspension of an apprenticeship permit.

Note: The Department of Workforce Development (DWD) informs the Department of Safety and Professional Services (DSPS) whenever an apprenticeship contract is cancelled, and DSPS informs DWD whenever an apprenticeship permit is suspended.

(h) An apprentice who has failed to complete an apprenticeship within 4 years from the date of issuance of his or her initial permit may apply for reentry into the apprenticeship program. Upon its review of the applicant’s apprenticeship records, the department may deny the application or issue another apprenticeship permit under specified terms and conditions. The department may allow an apprentice credit for theory and practical training actually obtained under a previous permit.

(2) Apprenticeship instruction and training.

(a) Following issuance of an apprenticeship permit, an apprentice shall enroll in the first available course of theory instruction at a school of barbering and shall maintain acceptable attendance and progress in instruction and practical training. The owner or manager shall pay the apprentice for the hours of school attendance and practical training.

(b) Schools that provide theory instruction for apprentices shall develop a curriculum based on the subjects and theory hours in Table 50.300–1.

(3) Practical training.

(a) The establishment owner with whom an apprentice contracts shall employ a licensed barber or licensed cosmetologist who has completed at least 2,000 hours of professional practice to train and supervise the apprentice. An apprentice shall only work under the supervision of a licensed barber or a licensed cosmetologist.

(b) Each apprentice shall receive at least 1,712 hours of training and experience in the practical services of barbering to qualify for the examination as a barber. Training and experience shall include the subjects and practical hours of training shown in Table 50.310.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; CR 15-028: am. (3) (b), r. and recr. 50.310 Table Register September 2015 No. 717, eff. 10-1-15; CR 23-055: r. and recr. (3) (a) Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § SPS 50.320 Transfers {#sec-sps-50.320 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.320}

(1) Transfer from a school to an apprenticeship.

(a) Any student transferring from a school to an apprenticeship program shall be granted apprenticeship credit for school hours attained, at a ratio of one student theory hour to one apprentice theory hour, and one student practical hour to one apprentice practical hour.

(b) The department shall grant transferees to an apprenticeship program credit for calendar time spent in prior training.

(2) Transfer from an apprenticeship to a school. Any apprentice transferring to a school program may be granted school credit for apprenticeship hours attained. The amount of credit that is granted shall be determined by the school.

(3) Transfer from a cosmetology apprenticeship to a barbering apprenticeship. Any cosmetology apprentice regulated under chs. Cos 1 to 10 who transfers to a barbering apprenticeship shall be allowed to transfer all cosmetology apprenticeship hours that are related to barbering to the barbering apprenticeship, on a one-to-one basis.

Note: The Department of Workforce Development may grant transferees to an apprenticeship program credit for calendar time spent in prior training.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register May 2024 No. 821.

Wis. Admin. Code § SPS 50.330 Examinations {#sec-sps-50.330 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.330}

(1) Administration. The department may do any of the following:

(a) Prepare, administer, or grade examinations.

(b) Approve, in whole or in part, an examination prepared, administered, and graded by a test service provider.

(2) Competency testing.

(a) The department shall determine the subject matters for each license and design the examinations to test for minimum competence in the subjects tested.

(b) The department shall make available general information describing the competencies upon which the examination is based.

(3) Form of examination.

(a) Barber. An applicant for licensure as a barber shall complete a written examination and a practical examination.

(4) Passing scores. The passing score of the examination for licensure as a barber shall be based on the department’s determination of the level of examination performance needed for minimum competence in the profession.

(5) Unauthorized assistance. The department may deny a license to an applicant who gives or receives unauthorized assistance during the examination, or withhold the applicant’s score, and may schedule the applicant for reexamination at a future time at the applicant’s expense.

(6) Failure reports. Upon failure of an examination, the department or its agent shall provide the applicant with a report showing the areas where deficiencies resulted in the failure.

(7) Reexamination. An applicant may retake a failed written or practical examination, but only in its entirety.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; CR 23-055: r. (3) (b), am. (4) Register May 2024 No. 821, eff. 6-1-24; correction in (4) made under s. 35.17, Stats., Register May 2024 No. 821.

Wis. Admin. Code § SPS 50.340 Licensing {#sec-sps-50.340 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.340}

(1) Direct licensing.

(a) An applicant for licensure as a barber shall satisfy the requirements in s. 454.23 (1) and (2), Stats.

Note: Sections 454.23 (1) and (2) of the Statutes read as follows: “(1) Application. An applicant for licensure under this section shall submit an application to the department on a form prescribed by the department.

(2) Barber license. The department shall grant a barber license to any person who submits an application under sub. (1) and satisfies all of the following conditions:

(a) The applicant pays the initial credential fee determined by the department under s. 440.03 (9) (a), except as provided in s. 454.27 (1).

(b) Subject to ss. 111.321, 111.322, and 111.335, the applicant presents evidence satisfactory to the department that the applicant has not been convicted of a felony committed while engaged in the practice of barbering.

(c) The applicant graduates from high school or attains high school graduation equivalency as determined by the department of public instruction; is participating in a program approved by the department; or is at least 18 years old and meets the ability to benefit rule under 20 USC 1091 (d).

(d) The applicant graduates from a course of instruction in barbering of at least 1,000 training hours in barbering in a school of barbering licensed under s. 440.62 (3) (ag) or accredited by an accrediting agency approved by the department, a school of cosmetology licensed under s. 440.62 (3) (ar) or accredited by an accrediting agency approved by the cosmetology examining board, or a school that is exempted under s. 440.61 or the applicant successfully completes an apprenticeship under s. 454.26.

(e) The applicant passes an examination conducted by the department to determine fitness to practice barbering.”

Note: Application forms are available on the department’s website at dsps.wi.gov, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, Wisconsin 53708, or call (608) 266-2112.

(2) Reciprocity generally. Pursuant to s. 454.27, Stats., the department may grant a license to practice barbering without examination to a person from another state or territory of the United States or another country who holds a current license in the other jurisdiction to perform services that are substantially the same as those performed by a licensed barber in this state and pays the appropriate fee as indicated in s. 440.05, Stats., and if one of the following applies:

(a) The applicant completes a one-hour department approved course on Wisconsin statutes and administrative code relating to barbering practice, has never been disciplined by the licensing authority of another jurisdiction, and is not currently a party to disciplinary proceedings in another jurisdiction.

(b) The department has entered into a written reciprocal agreement with the licensing authority of another state, after determining that the education and services practiced are substantially equivalent to those in Wisconsin.

(2m) Reciprocity for service members, former service members, and their spouses. A reciprocal barbering license shall be granted to an applicant who is a service member, former service member, or the spouse of a service member or former service member as defined in s. 440.09 (1), Stats., if the department determines that the applicant meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the department may request verification necessary to make a determination under this subsection.

(3) Inactive license.

(a) Any person who has been granted an inactive license, under s. 454.23 (6), Stats., may not receive compensation for barbering services and may not practice in a licensed barbering establishment.

(b) Activities permitted under this subsection include purchasing supplies—or cutting hair outside an establishment, without compensation, such as for a resident in a nursing home.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756; CR 21-056: am. (2) (title), cr. (2m) Register July 2023 No. 811, eff. 8-1-23; CR 23-055: r. (1) (b), r. and recr. (2) Register May 2024 No. 821, eff. 6-1-24; correction in (2) (intro.) made under s. 35.17, Stats., Register May 2024 No. 821.

Subchapter IV Renewals, Reinstatement, and Continuing Education

Wis. Admin. Code § SPS 50.400 License renewal {#sec-sps-50.400 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.400}

To renew a license, a licensee shall, on or before March 31st of every odd-numbered year, file with the department all of the following:

(1) An application for renewal on a form prescribed by the department.

Note: An electronic link to the renewal form is included in a renewal notice the Department sends to each licensee.

(2) The fee determined by the department under s. 440.03 (9) (a), Stats.

(3) Certification on the application for renewal that the licensee has reviewed the digest under s. 454.267, Stats.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; CR 23-055: am. (3) Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § SPS 50.401 Late renewal {#sec-sps-50.401 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.401}

If the application for renewal is filed after the deadline in s. SPS 50.400 but less than 5 years after the expiration of the applicant’s last license, the applicant shall comply with the certification requirements in s. SPS 50.400 (3), and pay the late renewal fee in s. 440.08 (3) (a), Stats., in addition to the renewal fee under s. SPS 50.400 (2).

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; CR 23-055: am. Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § SPS 50.402 Renewal that includes conversion from cosmetology {#sec-sps-50.402 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.402}

Until March 31, 2015, an active cosmetologist, cosmetology manager, or cosmetology establishment licensed under chs. Cos 1 to 10 may convert to a barbering license upon request to the department and satisfaction of the applicable renewal requirements for barbering.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2024 No. 822.

Wis. Admin. Code § SPS 50.410 Reinstatement of license {#sec-sps-50.410 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.410}

If an application for restoring a license occurs 5 years or more after expiration of the applicant’s most recent license, the applicant shall pass the examination specified in s. SPS 50.330 (3) prior to reinstatement of the license, no certification requirements under s. SPS 50.400 (3) apply to that reinstatement, and the fees listed in s. SPS 50.401 shall be submitted to the department. However, renewal of the reinstated license is subject to the certification requirements of s. SPS 50.400 (3).

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; CR 23-055: Register May 2024 No. 821, eff. 6-1-24; correction made under s. 35.17, Stats., Register May 2024 No. 821.

Wis. Admin. Code § SPS 50.420 Continuing education {#sec-sps-50.420 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.420}

To ensure competency, the department may require specific remedial continuing education requirements for any licensee as part of a disciplinary process.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13; CR 23-055: r. and recr. Register May 2024 No. 821, eff. 6-1-24.

Subchapter V Forfeitures

Wis. Admin. Code § SPS 50.500 Scope {#sec-sps-50.500 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.500}

(1) The citation procedures in this subchapter may be used in an action to recover a forfeiture under s. 454.29 (3), Stats.

Note: The forfeitures under section 454.29 of the Statutes may be assessed against any license holder or applicant who has committed any of the offenses listed in the section, and can be up to $1,000 for each separate offense. Each day of continued violation is a separate offense.

(2) The citation form provided under this subchapter may serve as the initial pleading for a disciplinary action and is adequate process to give the department jurisdiction over the credential holder, if the citation is served upon the credential holder.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.510 Citation for administrative forfeiture {#sec-sps-50.510 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.510}

A citation under this subchapter shall be issued by one of the department’s investigators and shall contain substantially all of the following information:

(1) The name, address, and credential number of the credential holder.

(2) The name and signature of the individual issuing the citation.

(3) A description of the violation alleged, the time and place of its occurrence, a statement that the respondent committed the violation, and the statute or administrative code provision violated.

(4) Notice that the credential holder may submit a response contesting the citation and requesting a hearing. The notice shall include the date and address for the timely submission of a request, and shall state that the request for a hearing must be in writing.

(5) The forfeiture assessment requested by the department.

(6) A summary of the citation procedure, including the provisions for deposit and stipulation in lieu of an appearance before an administrative law judge or the department.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.520 Service {#sec-sps-50.520 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.520}

Service of a citation under this subchapter may be accomplished by mailing a copy of the citation to the credential holder at the last known address of the credential holder or by any procedure described in s. 801.14 (2), Stats.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.530 Effect of payment {#sec-sps-50.530 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.530}

The credential holder may deposit the amount of forfeiture identified in the citation by mailing the deposit and a copy of the citation to the division. Payment shall be treated as a plea of no contest and submission to an order of forfeiture, not to exceed the amount of the deposit.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.540 Request for hearing {#sec-sps-50.540 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.540}

(1) Within 20 calendar days of the date of service of the citation, the licensee may enter a plea contesting the violation cited and request a hearing on the alleged violation cited.

(2) A plea contesting a violation and requesting a hearing shall be in writing and submitted to the division. The submission shall include a statement of the specific reasons why the licensee believes the forfeiture assessment and the grounds for assessment should be reviewed.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 50.550 Default {#sec-sps-50.550 omnilex-key=us-wi-regs-official--agency-sps--SPS 50.550}

(1) If the credential holder does not make a deposit or otherwise respond to the citation in a timely fashion, the department may without further proceedings issue an order of default against the credential holder. A default order issued under this subchapter may assess a forfeiture, not to exceed the amount identified in the citation. Violation of an order issued under this subchapter may result in assessing a forfeiture, not to exceed the amount identified in the citation. Violation of an order issued pursuant to this subchapter may also result in a refusal to renew credentialing or additional disciplinary action.

(2) If the credential holder requests a hearing pursuant to s. SPS 50.540 but fails to appear at the hearing at the time scheduled, the credential holder is in default and the department may make findings and enter an order on the basis of the citation. The department 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 department enters an order, or within a reasonable time.

Note: See sections 440.19 to 440.23 and 454.29 of the Statutes for other disciplinary proceedings and actions—such as administrative warnings, and suspension or revocation of a license, respectively.

History

EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.

Chapter SPS 60 AUTHORITY, SCOPE, PURPOSE AND DEFINITIONS

Wis. Admin. Code § SPS 60.01 Authority {#sec-sps-60.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 60.01}

The rules in chs. SPS 60 to 62 and 65 are adopted by the department under the authority of ss. 227.11 (2) (a), 440.62, and 440.64, Stats., to govern the licensing and regulation of schools of barbering, cosmetology, aesthetics, electrology, and manicuring, and specialty schools of aesthetics, electrology, and manicuring.

History

Register, December, 1989, No. 408, eff. 1-1-90; correction made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671; EmR1302: emerg. am., eff. 2-14-13; CR 13-026: am. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 60.02 Definitions {#sec-sps-60.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 60.02}

As used in chs. SPS 60 to 62 and 65:

(1) “Aesthetician,” “aesthetics,” “barber,” “barbering,” “cosmetologist,” “cosmetology,” “electrologist,” “electrology,” “establishment,” “manicuring,” “manicurist,” “practical instruction,” “school,” “specialty school,” “student,” “theoretical instruction,” and “training hour” have the meanings given under s. 440.60, Stats.

(2) “Certificate” means an instructor certificate issued under s. 440.63, Stats.

(3) “Class day” means any day on which instruction is provided by the school or specialty school and the student is scheduled to attend.

Note: Holidays, scheduled vacation periods, other days on which instruction is not provided by the school, and periods for which the student is granted a leave of absence are not class days.

(4) “Department” means the department of safety and professional services.

(5) “Enrollee” means an individual who has signed an application to attend a school or specialty school but has not started classes.

(6) “Licensee” means an owner who has received a school license or specialty school license.

(7) “Location” means the premises described in the floor plan submitted under s. SPS 61.03 (1) (c).

(8) “Owner” means an individual, partnership, firm, company, corporation, or other entity which controls the finances, management, or both, of any location of a school or specialty school.

(9) “Ownership” means the legal right to possession or control of the finances, management, or both, of any location of a school or specialty school.

(10) “Total cost of the course of instruction” means the sum of all charges made by the school for tuition, books, materials, supplies and any other charges made by the school which are required to be paid by the student as the result of enrollment in a specific course of instruction.

(11) “Unqualified” means a student who has neither a high school diploma, or a General Educational Development certificate (“GED”), nor has demonstrated, through testing, an aptitude to successfully complete the course of instruction offered by the school or specialty school.

History

Register, December, 1989, No. 408, eff. 1-1-90; correction in (intro.), (4), (7) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671; CR 15-028: am. (1) Register September 2015 No. 717, eff. 10-1-15; CR 23-055: am. (1) Register May 2024 No. 821, eff. 6-1-24.

Chapter SPS 61 LICENSING OF SCHOOLS AND SPECIALTY SCHOOLS

Wis. Admin. Code § SPS 61.01 License period {#sec-sps-61.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 61.01}

All licenses issued under subch. VI of ch. 440, Stats., shall be renewed on or before April 1 of each odd-numbered year.

History

Register, December, 1989, No. 408, eff. 1-1-90; CR 15-028: am. Register September 2015 No. 717, eff. 10-1-15.

Wis. Admin. Code § SPS 61.03 Application requirements for an initial license {#sec-sps-61.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 61.03}

(1) An application for initial licensure as a school, or for an additional location of a school, shall be made by the owner of the school on the form provided by the department, and shall be submitted with the fee required by s. 440.62 (2) (a), Stats. The department shall grant or deny the license application within 45 business days following receipt of the application. A separate application shall be made for each location and contain all of the following information:

Note: Fees established by the department pursuant to s. 440.03 (9), Stats., are posted on the department’s website, at www.dsps.wisconsin.gov. The renewal fees for all other credentials are noted in the related statutes or rules.

(a) The names and addresses of all owners. If the owner is a corporation, a copy of the articles of incorporation and most recent annual report filed with the secretary of state, together with a list of the names and addresses of the incorporators, officers, directors, and shareholders of the corporation shall be submitted. No identification is required of any shareholder owning or controlling fewer than 10% of the shares of the corporation. If the owner is a partnership, the names and addresses of all partners and a copy of the partnership agreement.

(b) A statement that a certified public accountant has completed financial statements, consisting of a balance sheet, a profit and loss statement, and a cash flow statement, and that a copy of those statements will be made available for inspection by the department on request at any time. The department may require an audit of the finances of a school, at the applicant’s expense, if the licensing application contains information which reasonably gives rise to concern that the school is not financially sound or is not otherwise stable.

(c) A detailed floor plan of the premises to be used by the school which identifies the site of the school and includes a description of fixtures and equipment.

(d) A list of the names and addresses of all schools of any description whatsoever currently or previously owned or operated by any of the owners of the school applying for licensure. If the owner of the school applying for licensure is a corporation or partnership, a list of the names and addresses of all schools of any description whatsoever which are currently or were previously owned or operated by any of the incorporators, officers, directors, or shareholders of the corporation or partners. No report is required for any shareholder owning or controlling fewer than 10% of the shares of the corporation.

(e) For every school required to be listed by par. (d), a detailed statement with all pertinent details indicating:

Whether the school was ever denied accreditation by any accrediting agency;
Whether the school was ever denied a license or had a license suspended, limited, restricted, or revoked;
Whether the school was ever subject to any form of receivership; and,
Whether the school was ever the subject of or named in any lawsuit alleging fraud, misrepresentation or any violation of law.

(f) A copy of the printer’s proof of the catalog or bulletin described in s. SPS 62.01.

(g) A copy of any contract form used by the school or which the school intends to use in enrolling students.

(h) A list of the names and applicable license or certificate numbers of the instructors the school has hired to provide practical and theory instruction to its students.

(i) The number of students anticipated to be enrolled during the license period.

(j) The name and Wisconsin address of a designated agent upon whom any process, notice, demand or other document may be served.

(2) An application for initial licensure as a specialty school, or for an additional location of a specialty school, may be made for any establishment at which no more than one person will be trained at any time, and for which training no tuition will be charged. The application shall be made by the owner of the specialty school on the form provided by the department. The department shall grant or deny the license application within 45 days of receipt of the application. A separate application shall be made for each location and contain all of the following information:

(a) The names and addresses of all owners. If the owner is a corporation, a copy of the articles of incorporation and most recent annual report filed with the secretary of state, together with a list of the names and addresses of the incorporators, officers, directors, and shareholders of the corporation shall be submitted. No identification is required of any shareholder owning or controlling fewer than 10% of the shares of the corporation; if the owner is a partnership, the names and addresses of all partners and a copy of the partnership agreement.

(b) A statement that a certified public accountant has completed financial statements, consisting of a balance sheet, a profit and loss statement, and a cash flow statement, and that the statements will be made available for inspection by the department on request at any time. The department may require an audit of the finances of a specialty school, at the applicant’s expense, if the licensing application contains information which reasonably gives rise to concerns that the specialty school is not financially sound or is not otherwise stable.

(c) A list of the names and addresses of all schools of any description whatsoever currently or previously owned or operated by any of the owners of the specialty school applying for licensure. If the owner of the specialty school applying for licensure is a corporation or partnership, a list of the names and addresses of all schools of any description whatsoever which are currently or were previously owned or operated by any of the incorporators, officers, directors, or shareholders of the corporation or partners. No report is required for any shareholder owning or controlling fewer than 10% of the shares of the corporation

(d) A list of the names and applicable license or certificate numbers of the managers the specialty school has hired to provide practical and theory instruction to its students.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction in (1) (f) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 15-028: am. (1) (intro.) Register September 2015 No. 717, eff. 10-1-15.

Wis. Admin. Code § SPS 61.04 Application requirements for license renewal {#sec-sps-61.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 61.04}

(1) Application for the renewal of a license for a school or specialty school shall be filed on or before April 1 of each odd-numbered year. The department shall grant or deny the application for license renewal within 45 business days following receipt of the application.

(2) A renewal application shall be filed together with the fee required by s. 440.62 (2) (a), Stats., and shall contain the following information:

(a) All the information required for an initial license under s. SPS 61.03;

(b) A copy of every advertisement used by the school or specialty school in the 12 months preceding the date of the application for license renewal, including the script for every radio or television advertisement;

(c) The number of students currently enrolled in the school or specialty school and the number anticipated to be enrolled during the license period; and,

(d) A statement that a certified public accountant has completed financial statements, consisting of a balance sheet, a profit and loss statement, and a cash flow statement, for the school or specialty school, and that the report is on file at the school or specialty school and will be available for inspection by the department on request at any time during regular business hours. The department may require an audit of the finances of a school or specialty school, at the applicant’s request, if the licensing application contains information which reasonably gives rise to concerns that the school or specialty school is not financially sound or is not otherwise stable.

Note: Renewal fees established by the department pursuant to s. 440.03 (9), Stats., are posted on the department’s website, at www.dsps.wisconsin.gov. The renewal fees for all other credentials are noted in the related statutes or rules.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction in (2) (intro.), (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 15-028: am. (1), (2) Register September 2015 No. 717, eff. 10-1-15.

Wis. Admin. Code § SPS 61.05 Application requirements for reinstatement of an expired license {#sec-sps-61.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 61.05}

To apply for reinstatement of a license expired for one year or longer, the owner of a school or specialty school shall file an application for an initial license. To apply for reinstatement of a license expired for less than one year, the owner of a school or specialty school shall file an application for renewal, as required by s. SPS 61.04, together with the application fee and late fee required by s. 440.62 (2) (a), Stats. The department shall grant or deny the application for reinstatement within 45 business days of receiving the application. The application shall include the following additional material:

(1) The dates on which any form of instruction was provided to students at the school or specialty school applying for license reinstatement during the period following the expiration of the license to the time the application for reinstatement is filed.

(2) The names and addresses of the instructors who provided any instruction to any student at the school or specialty school during the period following expiration of the license, the names and addresses of the students in attendance during the period following expiration of the license, and the number of hours of training in each topic each named student received during the period following expiration of the license.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 15-028: am. (intro.) Register September 2015 No. 717, eff. 10-1-15.

Wis. Admin. Code § SPS 61.06 Requirements for surety bonds {#sec-sps-61.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 61.06}

(1) Bond requirement. Before the department issues or renews a license for any school or specialty school, the school or specialty school shall provide the department with a surety bond acceptable to the department and executed by the applicant as principal and by a surety company qualified and authorized to do business in the state of Wisconsin.

(2) Amount of bonds. The amount of the bond required shall not be less than reflected in table 61.06, and may be increased if the department determines that a larger bond is required to protect students of the school or specialty school, and their parents, guardians, and sponsors from risk of economic loss. A school which exceeds the enrollment upon which its bonding amount is based shall increase the amount of its bond accordingly. The increased bond shall be filed with the department within 30 days of the day the school first exceeds the enrollment on which its bonding amount is based.

(3) Conditions of bonds.

(a) The surety bond shall be conditioned to provide indemnification to any student or enrollee of the school or specialty school, or the parent, guardian, or sponsor of such a student or enrollee who suffers any loss or damage as a result of any of the following:

Fraud or misrepresentation by the school or specialty school;
Violation of any state administrative rule, statute or school policy relating to the licensing or operation of a school or specialty school;
A student or enrollee’s inability to complete the course or courses of instruction because the school or specialty school failed to perform its contractual obligations to the student or enrollee; or
A student or enrollee being refused a tuition refund to which he or she is entitled.

(b) The surety bond shall be conditioned to provide indemnification to the department for the amount of any forfeitures assessed by the department under s. 440.64, Stats.

(c) In no case shall indemnification to any individual student or enrollee, or the parent, guardian, or sponsor of an individual student or enrollee, be less than the greater of either:

The total of the advanced tuition, book fees, supply fees, equipment fees, and administration fees paid by or on behalf of the individual student or enrollee; or,
The greater of the total of the student loans owed by the student or enrollee as a consequence of enrolling at the school or specialty school, or the total of the direct costs to the student or enrollee to complete and graduate from an equivalent course of instruction at another school or specialty school chosen by the student or enrollee as a substitute for the school or specialty school.

(d) The aggregate liability of the surety shall not exceed the penal sum of the bond, and the surety bond may be continuous.

(4) Cancellation of surety bond. A surety on a bond may be released from the bond on 90 days written notice to the secretary of the department. The secretary shall forthwith notify the school or specialty school named as principal on that bond that the school’s or specialty school’s license shall be suspended if satisfactory evidence of a replacement bond has not been presented within 15 business days of the date of the secretary’s notice to the school or specialty school. A school or specialty school which has its license suspended under this subsection shall provide written notice of the suspension and the reason therefor together with the identifying information of the bond from which the surety has sought release to its students and enrollees within 5 days of the suspension, and shall thereupon cease all operations as a school or specialty school under subch. VI of ch. 440, Stats.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; CR 15-028: am. (2), (2) Figure (title), (4) Register September 2015 No. 717, eff. 10-1-15.

Wis. Admin. Code § SPS 61.07 Change of ownership {#sec-sps-61.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 61.07}

Any change of ownership of a school or specialty school shall be reported to the department within 5 calendar days of the change of ownership, on the form provided by the department, and shall be accompanied by the fee equivalent to the fee for initial licensure and the surety bond required by s. 440.62 (2) (a), Stats. The bond accompanying the change of ownership report shall be in the same form as, and in an amount at least equal to, the bond filed by the previous owners of the school or specialty school. The department shall immediately suspend the license of any school or specialty school for which a change of ownership is reported unless it is accompanied by a surety bond in the specified form and amount, naming the new owners as principals.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 15-028: am. Register September 2015 No. 717, eff. 10-1-15.

Chapter SPS 62 REGULATION OF SCHOOLS AND SPECIALTY SCHOOLS

Wis. Admin. Code § SPS 62.01 Required contents for school and specialty school catalogs {#sec-sps-62.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 62.01}

A school or specialty school catalog or bulletin shall contain:

(1) Identifying data, including volume number, dates of publication and reprinting.

(2) Name of school or specialty school and its governing body and officials.

(3) A calendar showing dates of instruction for each course and vacation periods.

(4) The school or specialty school policy and regulations regarding specific entrance and graduation requirements for each course.

(5) The school or specialty school policy and regulations governing enrollment dates, leave, absences, tardiness, make-up work, and interruption or suspension for unsatisfactory work or attendance, and the conditions under which a student dismissed or suspended for unsatisfactory progress, conduct, or attendance may resume the course of instruction.

(6) The school’s or specialty school’s policy and regulations governing standards of progress required of the student, the grading system of the school or specialty school, the minimum grades considered satisfactory, conditions for interruption for unsatisfactory grades or progress, and a description of the probationary period, if any, as well as a description of the student progress records kept by the school or specialty school and furnished to the students.

(7) The school or specialty school policy and regulations governing student conduct and conditions of dismissal for unsatisfactory conduct.

(8) A detailed description of charges for tuition and a schedule of fees for student activities, laboratory fees, rentals, deposits and all other charges which are referred to or included in the contract. The school’s or specialty school’s refund policy shall be fully described in the catalog or bulletin.

(9) An outline for each course describing the subject of the course, the type of work or skill to be learned, the length of the course and the number of credits or clock hours to be earned towards licensing eligibility. In addition, the school or specialty school shall disclose any requirements imposed by the school or specialty school for graduation which exceed minimums required by the state to be eligible for the licensure examination. If graduation is required before a student is eligible to take the licensure examination, the catalog or bulletin shall so state.

(10) A statement of the school or specialty school policy and regulations under which it will grant credit for hours of previous education and training.

(11) A description of the school or specialty school placement services and other resources made available to assist students.

(12) A description of the surety bond under s. SPS 61.06 and an explanation of how a student may make a claim on the bond.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction in (12) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 62.02 Required contents for student contracts with schools and specialty schools {#sec-sps-62.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 62.02}

A contract between a school or specialty school and a student shall contain:

(1) Complete identifying information of both the school or specialty school and the student, including the address of the school or specialty school location and its administrative offices; and the name, local address and permanent address of the student. Other identifying information may be included.

(2) A statement of the total cost and the unit costs of the contract for which the student will be responsible, including tuition, all fees, and the charges for books, materials, and equipment.

(3) A detailed statement of obligations of the school or specialty school to the student.

(4) A clear reference identifying the specific edition of the school’s or specialty school’s catalog or bulletin which was given to the student to provide the student with information about the school or specialty school prior to entering into the contract with the school or specialty school.

(5) The anticipated starting and ending dates for the student’s course of instruction.

(6) A clear statement of the educational requirements for licensing in s. 454.06, Stats., and any requirements for graduation from the school or specialty school which exceed the requirements for eligibility to take the state licensing examination, and whether graduation from the school or specialty school is required before the student will be allowed to take the state licensing examination.

(7) A clear, simple description of the rules, policies, regulations and laws governing the rights and responsibilities of the school or specialty school and the student or enrollee in regard to any loans, financial aid, or credit extended to or on behalf of the student or enrollee by or through the school or specialty school. To the extent the details are known at the time the contract is signed, the description shall include the details of the amount of any loan, financial aid, or credit extended to or on behalf of the student or enrollee by or through the school or specialty school, and the nominal and effective interest rate, the payment terms, the default provisions, and the defenses to default, which are or may be applicable to the loan, financial aid or credit extended. When any details of an enrollee’s financial aid package are not known at the time the contract is signed, the contract shall identify those details which remain to be determined, and what effect, if any, the final determination of those details will have on the enrollee’s contract.

(8) A clear statement of the refund policy used by the school or specialty school.

(9) A clear statement of conditions the school or specialty school considers to be breach of the contract, and a description of the possible remedies to be pursued against the student.

(10) Notice that an enrollee has the right to cancel the contract until midnight of the third business day following receipt by the enrollee of a notice of right to cancel. In this paragraph, “business day” has the meaning given under s. 421.301 (6), Stats.

(a) The notice shall be printed in letters of not less than 12- point boldface type under the caption: “ENROLLEE’S RIGHT TO CANCEL” and read as follows:

(b) If the principal language of the enrollee is other than English, the school or specialty school shall give the enrollee written notice of the right to cancel in English and in the principal language of the enrollee.

(c) The school or specialty school shall deliver 2 copies of the notice of a right to cancel after the enrollee has signed the enrollment contract, but not before.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90.

Wis. Admin. Code § SPS 62.03 Deceptive trade names prohibited {#sec-sps-62.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 62.03}

(1) No school or specialty school shall use a trade or business name, label, insignia, or designation which has the capacity and tendency or effect of misleading or deceiving prospective students with respect to the nature of the school or specialty school, its accreditation, programs of instruction or methods of teaching, or any other material fact.

(a) A school or specialty school shall not falsely represent directly or by implication through the use of a trade or business name or in any other manner that it is part of or connected with a branch, bureau, or agency of the United States government, or any state or local government or civil service commission.

(b) A school or specialty school shall not falsely represent directly or by implication through the use of a trade or business name or in any other manner that it is affiliated with or otherwise connected with a public or private religious or charitable organization, or any public or private college, university, or other institution of higher education.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90.

Wis. Admin. Code § SPS 62.04 Deceptive sales practices prohibited {#sec-sps-62.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 62.04}

(1) No school or specialty school shall engage in any deceptive sales practices. The term “deceptive sales practice” includes, but is not limited to:

(a) The use of “help wanted” or other employment columns in a newspaper or other publication to contact prospective students in such a manner as to lead such prospective students into the belief that a job is offered.

(b) The use of “blind” advertisements or sales literature to attract prospective students when the advertisements or literature fails to set forth that courses of instruction or other educational services are being offered for sale.

(c) The making of false or deceptive statements or representations or any statements or representations which have the tendency or capacity to mislead or deceive students, prospective students, or the public regarding actual or probable earnings or opportunities in any field or vocation. It is an unfair and deceptive sales practice to represent or imply in any way that persons employed in a particular field or position earn a stated income or that persons completing a training course will earn the stated income or “up to” the stated income unless:

The salary or income is equal to or less than the average salary or income of persons employed in the indicated field or position for less than 5 years and the advertisement or representation indicates the basis for calculation of the average salary or income; and,
The advertisement or representation also states clearly and conspicuously that no guarantee is made that a person who purchases the advertised services will earn the stated salary or income, unless the guarantee is actually offered by the school or specialty school.

(d) The making of false or deceptive statements or representations, or any statements or representations which have the tendency or capacity to mislead or deceive prospective students, students, or the public regarding any opportunities in any vocation or field of activity as a result of the completion of any given course of instruction or educational service.

(e) The use of terms or titles such as “registrar”, “counselor”,“advisor”, or words of similar import to describe or refer to a school’s or specialty school’s salesmen, agents, representatives, or other employees in a manner which misrepresents the training, qualifications, experience, status, or position of the person to whom reference is made.

(f) The use of any illustration in any catalog, sales literature, or otherwise which tends to convey a false impression of the size, importance, location, or facilities of a school or specialty school.

(g) The making of any false or deceptive statement or representation which has the capacity or tendency to deceive or mislead any prospective student, student, or the public regarding the amount or nature or terms of a prospective student’s or student’s financial obligation to the school or specialty school or any third party as a result of any agreement between the prospective student or student, or on behalf of a prospective student or student, and the school or specialty school.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90.

Wis. Admin. Code § SPS 62.05 Admission of unqualified students prohibited {#sec-sps-62.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 62.05}

No school or specialty school may admit any applicant as a student who does not have a high school diploma or General Educational Development (“GED”) certificate unless that applicant passes a nationally recognized, standardized, or industry developed test, subject to criteria developed by an appropriate accrediting association, measuring the applicant’s aptitude to successfully complete the program for which the applicant has applied.

Note: This testing requirement is drawn from the “ability to benefit” criteria of 20 USC 1091 (d).

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90.

Wis. Admin. Code § SPS 62.06 Negotiability of promissory instruments {#sec-sps-62.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 62.06}

(1) Every assignee of an enrollment agreement takes the enrollment agreement subject to all claims and defenses of the student or successors in interest under the enrollment agreement.

(2) No school or specialty school may enter into any enrollment agreement in which the student waives the right to assert against the school or specialty school or any assignee any claim or defense the student may have against the school or specialty school. Any provision in an enrollment agreement by which the student agrees to a waiver is void.

(3)

(a) No school or specialty school may use a promissory note or instrument, other than a check, unless it bears the following statement in contrasting boldface type: This is an enrollment agreement instrument and is non-negotiable. Every holder takes the enrollment agreement subject to all other claims and defenses of the maker or obligor.

(b) Compliance with requirements of federal and state statutes, regulations and rules governing the form of notice of preservation of consumers’ claims and defenses shall be deemed to satisfy the requirements of par. (a).

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90.

Wis. Admin. Code § SPS 62.07 Refund standards {#sec-sps-62.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 62.07}

(1) Full refund. A school’s or specialty school’s refund policy shall provide for a full refund of all money paid by a student, except for a non-refundable application fee of no more than $10, if:

(a) The student cancels the enrollment agreement or enrollment application within 3 business days after receipt of notice of acceptance from the school or specialty school; or,

(b) The student was accepted for enrollment but was unqualified for entrance; or,

(c) The student’s enrollment was procured as the result of any written or oral misrepresentations made by the school or specialty school or its agents.

(2) Partial refund.

(a) In this subsection, “percentage of enrollment time” means the number of class days elapsed from the start of the student’s attendance until the student’s last date of attendance divided by the total number of class days required to complete the course of instruction.

(b) If, for any reason, a student withdraws or is dismissed by the school or specialty school prior to the commencement of classes, the charge may not exceed 15% of the total cost of the course of instruction or $100, whichever is less.

(c) If, for any reason, a student withdraws or is dismissed by the school or specialty school after the commencement of classes, the school’s or specialty school’s refund policy may not permit any charge to the student which exceeds $150 plus the amount shown on the “Partial Refund Chart,” in Table 62.07 (2). In no case may the charge to the student exceed the total cost of the course of instruction.

Note: Schools and specialty schools are encouraged to adopt a policy wherein the refund to the student may exceed amounts set forth above when mitigating circumstances are in evidence.

(3) Equipment fees. A school or specialty school shall reimburse the cost of the unused equipment or supplies that a student was required to purchase as a condition of enrollment or continued participation in the course of instruction to a student who, for any reason, withdraws or is dismissed by the school or specialty school and who, within 15 days of withdrawal or dismissal, tenders for reimbursement the equipment and supplies in their original condition.

(4) School closing. If a school or specialty school closes or terminates a program and no longer offers instruction in a program in which a person is enrolled, the person shall be entitled to a pro rata refund of the total cost of the course of instruction. No such refund may defeat any person’s claim to indemnification to which he or she is otherwise entitled under the bond required by s. SPS 61.06.

(5) Refund deadline. A school or specialty school shall make any refunds due to a student or enrollee within 30 days of the date the school or specialty school dismisses the student or enrollee or receives notice of withdrawal, or of the school or specialty school closing.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 62.08 Disclosure of information to the department {#sec-sps-62.08 omnilex-key=us-wi-regs-official--agency-sps--SPS 62.08}

Within 10 days of any request by the department, a school or specialty school shall furnish the department with any information requested concerning the school’s or specialty school’s facilities, curricula, instructors, registration and enrollment policies, enrollment rosters, student training hours and contracts, financial records, tuition and other charges, refund policies and policies concerning the negotiability of promissory instruments received in payment of tuition and other charges.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90.

Wis. Admin. Code § SPS 62.09 Inspection of facilities and records {#sec-sps-62.09 omnilex-key=us-wi-regs-official--agency-sps--SPS 62.09}

A school or specialty school shall permit the department to inspect its facilities and its records at any time during the school’s or specialty school’s regular business hours upon the request of a representative of the department.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90.

Wis. Admin. Code § SPS 62.10 Specialty topic instruction privileges and requirements for schools of cosmetology {#sec-sps-62.10 omnilex-key=us-wi-regs-official--agency-sps--SPS 62.10}

A licensed school of cosmetology may offer a specialty training program in aesthetics or in manicuring, or both, without being licensed as a specialty school or paying license fees beyond those required to maintain licensure as a school of cosmetology.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; EmR1302: emerg. am., eff. 2-14-13; CR 13-026: am. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 62.11 Prohibited conduct and discipline {#sec-sps-62.11 omnilex-key=us-wi-regs-official--agency-sps--SPS 62.11}

(1) No owner, director, officer, shareholder, or managing employee of any school or specialty school may permit or engage in any of the following conduct:

(a) Holding classes without a current license for the school or specialty school.

(b) Engaging in false, misleading, or deceptive advertising, recruitment of students, enrollment procedures, or record keeping practices.

(d) Being convicted of any crime involving fraud or other circumstances which substantially relate to the operation of a school or specialty school.

(e) Allowing an unlicensed person to provide practical instruction to any student.

(f) Harassing or discriminating against any enrollee or student because of age, race, creed, color, ancestry, national origin, marital status, sex, or sexual orientation.

(g) Violating subch. V of ch. 440, Stats., or ch. 454, Stats., or this chapter in the operation of a school or specialty school or establishment associated with a school or specialty school.

(h) Engaging in any promises or threats to students or employees of a school, specialty school, or establishment associated with a school or specialty school to obtain sexual or social contact or anything of value.

(i) Distributing or using school or specialty school student catalogs or contracts which do not comply with this chapter.

(j) Engaging in any conduct which could reasonably be detrimental to the health, safety, or welfare of the public, or the students or staff of any school, specialty school, or establishment associated with a school or specialty school.

(k) Failing to comply with the terms of any contract with a student of the school or specialty school.

(L) Holding classes, except for structured salon visits and instruction for individual student needs or industry trends, at any location other than that identified in the school’s or specialty school’s latest application for licensure.

(m) Denying the department the opportunity to inspect, or obstructing the department in the inspection of, the school’s or specialty school’s facilities or records at any time during regular business hours.

(n) Using any deceptive trade name, contrary to s. SPS 62.03.

(o) Engaging in any deceptive sales practices, contrary to s. SPS 62.04.

(2) The department may limit, suspend, or revoke the license of any school or specialty school whose owner, director, officer, shareholder, or managing employee permits or participates in any of the conduct prohibited by this rule, except that no school or specialty school shall be disciplined for the action of only one shareholder who owns or controls fewer than 10% of the shares of the corporation owning the school or specialty school.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; am. (1) (L), Register, September, 2000, No. 537, eff. 10-1-00; correction in (1) (n), (o) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 62.12 Forfeitures to the department {#sec-sps-62.12 omnilex-key=us-wi-regs-official--agency-sps--SPS 62.12}

In addition to or in lieu of discipline imposed against any school or specialty school pursuant to s. SPS 62.07, and in addition to any costs assessed pursuant to s. 440.22, Stats., the department may assess a forfeiture of not less than $100 nor more than $5,000 for each violation of s. SPS 62.07. All forfeitures shall be paid to the department. In any case in which the department assesses both a forfeiture pursuant to this section and costs pursuant to s. 440.22, Stats., payments received by the department shall be applied first to the costs assessed.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Chapter SPS 65 PERSONS PROVIDING PRACTICAL INSTRUCTION IN SCHOOLS

Wis. Admin. Code § SPS 65.01 Application requirements for an instructor’s certificate {#sec-sps-65.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 65.01}

The department shall issue an instructor’s certificate in the fields of barbering, cosmetology, aesthetics, manicuring, or electrology to any person who meets the requirements of s. 440.63 (3), Stats. Application shall be made on a form supplied by the department, and, except as provided in s. 45.44, Stats., shall be submitted with the fee required by s. 440.05 (1), Stats.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; EmR1302: emerg. am., eff. 2-14-13; CR 13-026: am. Register October 2013 No. 694, eff. 11-1-13; CR 23-055: am. Register May 2024 No. 821, eff. 6-1-24; correction made under s. 35.17, Stats., Register May 2024 No. 821.

Wis. Admin. Code § SPS 65.015 Reciprocity for service members, former service members, and their spouses {#sec-sps-65.015 omnilex-key=us-wi-regs-official--agency-sps--SPS 65.015}

A reciprocal instructor’s certificate in the fields of barbering, cosmetology, aesthetics, manicuring, or electrology shall be granted to an applicant who is a service member, former service member, or the spouse of a service member or former service member as defined in s. 440.09 (1), Stats., if the department determines that the applicant meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the department may request verification necessary to make a determination under this section.

History

CR 21-056: cr. Register July 2023 No. 811, eff. 8-1-23; correction made under s. 35.17, Stats., Register July 2023 No. 811.

Wis. Admin. Code § SPS 65.03 Instructor theory training syllabus {#sec-sps-65.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 65.03}

(1) The instructor training required by ss. 440.63 (3) (a) 3., 440.63 (3) (b) 2., 440.63 (3) (c) 2., and 440.63 (3) (d) 2., Stats., is satisfied by successful completion of a course approved by the department in accordance with the syllabus set forth in Table 65.03. A person shall complete the 150 hours of training within 2 years of commencing the training.

(2) A school offering training for an instructor’s certificate may grant credit counting towards the 96 hours required for successful completion of college level courses in teaching skills and facilitating/managing skills.

(3) A school offering training for an instructor’s certificate may allow another institution to teach the 96 hours on teaching skills and facilitating/managing skills in the established curriculum and certify an instructor student’s eligibility for the examination for an instructor’s certificate.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; CR 15-028: am. (1), (3) Figure (title) Register September 2015 No. 717, eff. 10-1-15.

Wis. Admin. Code § SPS 65.04 Application requirements for reinstatement of an expired certificate {#sec-sps-65.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 65.04}

Applications for reinstatement of an instructor’s certificate which are received by the department more than 2 years after the expiration date of the certificate for which reinstatement is requested shall be considered as applications for an initial instructor’s certificate and shall be made on the form for and in the manner of an application for an initial instructor’s certificate.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90.

Wis. Admin. Code § SPS 65.05 Administration of examination for instructor’s certification {#sec-sps-65.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 65.05}

(1) The department attempts to schedule applicants for examination at or near a requested examination site or date but may schedule at any site and date where space is available. Admission cards are mailed to applicants at the address provided by the applicant.

(2) The applicant shall present an admission card at the door of the examination room with the identification specified on the admission card.

(3) Applicants shall follow the rules of conduct for the examination provided at the beginning of the examination. Definite time limits may be placed on each portion of the examination.

(4) Issuance of a license may be denied if the department determines that the applicant violated the rules of conduct for the examination.

Note: The intent of the department is to use the word “certificate” rather than “license.”

(5) During practical examinations, applicants shall wear a numeric identification tag. The number shall be used in lieu of the applicant’s name on examination papers.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90.

Wis. Admin. Code § SPS 65.06 Instructor’s competency tested {#sec-sps-65.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 65.06}

(1) Examinations shall test entry level competency to practice as an instructor.

(2) The department shall furnish to individuals upon request general information describing the competencies upon which the examination is based.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90.

Wis. Admin. Code § SPS 65.07 Form of examination {#sec-sps-65.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 65.07}

An applicant for a certificate as an instructor shall pass a practical examination of the applicant’s competency to instruct students in a school of barbering or cosmetology, or in a school or specialty school of aesthetics, manicuring, and electrology.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; EmR1302: emerg. am., eff. 2-14-13; CR 13-026: am. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 65.08 Passing scores {#sec-sps-65.08 omnilex-key=us-wi-regs-official--agency-sps--SPS 65.08}

An applicant for a certificate as an instructor who achieves a score of no less than 75 on the practical examination shall receive a license.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90.

Wis. Admin. Code § SPS 65.09 Unauthorized assistance {#sec-sps-65.09 omnilex-key=us-wi-regs-official--agency-sps--SPS 65.09}

The department may withhold the score of an applicant who gives or receives unauthorized assistance during the examination and may schedule the applicant for reexamination at a future time.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90.

Wis. Admin. Code § SPS 65.10 Failure of practical examination {#sec-sps-65.10 omnilex-key=us-wi-regs-official--agency-sps--SPS 65.10}

(1) If it appears at the conclusion of a practical examination that an applicant will receive a failing score, 2 examiners shall confer on the applicant’s performance. An applicant shall not receive a failing score on a practical examination unless 2 examiners award a failing score and each signs the score sheet.

(2) A written description of the reasons for failure shall be provided to applicants failing practical examinations.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90.

Wis. Admin. Code § SPS 65.11 Claim of examination error {#sec-sps-65.11 omnilex-key=us-wi-regs-official--agency-sps--SPS 65.11}

(1) To claim examination error, an applicant shall file a written request for department review with the bureau of business and design professions within 30 days of the date the examination was reviewed. The request shall include:

(a) The applicant’s name and address;

(b) The type of certificate for which the applicant applied;

(c) A description of the mistakes the applicant believes were made in the examination content, procedures, or scoring, including the specific questions or procedures claimed to be in error; and,

(d) The facts which the applicant intends to prove, including reference text citations or other supporting evidence for the applicant’s claim.

(2) The department shall review the claim, make a determination of the validity of the objections and notify the applicant in writing of the department’s decision and any resulting score changes.

(3) The department shall take action on a claim of examination error within 90 days of receiving the written appeal.

(4) If the decision does not result in the applicant passing the examination, a notice of denial of license shall be issued. If the department issues a notice of denial following its review, the applicant may request a hearing under s. SPS 1.05.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 65.12 Prohibited conduct and discipline {#sec-sps-65.12 omnilex-key=us-wi-regs-official--agency-sps--SPS 65.12}

(1) The department may take disciplinary action against any person holding an instructor’s certificate who has:

(a) Made any false statement or given any false information in connection with an application for a certificate, or for renewal or reinstatement of a certificate.

(b) Been issued a certificate through error.

(d) Been found guilty of an offense the circumstances of which substantially relate to the practice of an instructor in a school or specialty school.

(e) Violated ch. 440 or 454, Stats., ch. SPS 50, chs. SPS 60 to 62, this chapter, or chs. Cos 1 to 9.

(f) Practiced as an instructor in a school or specialty school while the person’s ability to practice was impaired by alcohol or other drugs, or physical or mental disability or disease.

(g) Participated in false, misleading, or deceptive advertising on the part of any school or specialty school, or knowingly distributed or used school or specialty school student catalogs or contracts which do not comply with these rules.

(h) Engaged in conduct which evidenced a lack of knowledge or ability to apply principles or skills of barbering, cosmetology, aesthetics, manicuring, or electrology, in which the person holds an instructor’s certificate.

(i) Engaged in unprofessional conduct. “Unprofessional conduct” includes, but is not limited to:

Engaging in any practice which constitutes a danger to the health, welfare, or safety of a student or the public.
Engaging in any promises or threats to any student to obtain sexual or social contact or anything of value.
Harassment of a student because of the student’s age, race, color, creed, marital status, sex, sexual orientation, ancestry, national origin, or physical or mental disability.
Intentionally falsifying student records.
Practicing or attempting to practice beyond the scope of the instructor’s certificate.
Having a license to practice as a barber, or cosmetologist, or aesthetician, or manicurist, or electrologist limited, suspended, or revoked, or being subject to any other disciplinary action by any licensing authority regulating the practice of barbering, cosmetology, aesthetics, manicuring, or electrology.

(2) The department may reprimand the holder of an instructor’s certificate, or may limit, suspend, or revoke the instructor’s certificate of any person who has engaged in any conduct prohibited by this chapter.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction in (1) (e) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; EmR1302: emerg. am. (1) (h) and (i) 6., eff. 2-14-13; CR 13-026: am. (1) (e), (h), and (i) 6. Register October 2013 No. 694, eff. 11-1-13.

Wis. Admin. Code § SPS 65.13 Forfeitures to the department {#sec-sps-65.13 omnilex-key=us-wi-regs-official--agency-sps--SPS 65.13}

In addition to or in lieu of discipline imposed against any person pursuant to s. SPS 65.05, and in addition to any costs assessed pursuant to s. 440.22, Stats., the department may assess a forfeiture of not less than $100 nor more than $5,000 for each violation of s. SPS 65.05. All forfeitures shall be paid to the department. In any case in which the department assesses both a forfeiture pursuant to this section and costs pursuant to s. 440.22, Stats., payments received by the department shall be applied first to the costs assessed.

History

Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Chapter SPS 70 AUTHORITY AND DEFINITIONS

Wis. Admin. Code § SPS 70.01 Authority {#sec-sps-70.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 70.01}

The rules in chs. SPS 70 to 73 are adopted by the department of safety and professional services under the authority of ss. 227.11 (2) (a), 451.04 (2) (d), 451.12, 451.14 (2) (g) and 451.16, Stats., to govern the certification and regulation of acupuncturists.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90; correction made under s. 13.93 (2m) (b) 7., Stats., Register November 2007 No. 623; correction made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 70.02 Definitions {#sec-sps-70.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 70.02}

As used in ch. 451, Stats., and chs. SPS 70 to 73:

(1)

(a) “Actively engaged in the certified practice of acupuncture” means using acupuncture, under the authorization of a license, certification or registration to practice acupuncture, as the primary means of treatment of patients, not as an adjunctive therapy, and the treatment is dependent upon a thorough understanding and application of Oriental diagnostic theories and practices.

(b) The applicant provides evidence satisfactory to the department that he or she has been “actively engaged in the certified practice of acupuncture” during the 5 years immediately preceding the application in any other state or territory of the United States. Any applicant, whether or not licensed, registered or certified to practice another healing art, shall provide the department with satisfactory evidence that the applicant:

Uses acupuncture based on Oriental diagnostic and therapeutic theories and practices as the primary means of treating diseases and disorders in a minimum of 100 patients with a minimum of 500 patient visits during the 12 months immediately preceding the date of the application, as demonstrated by patient records or affidavits.
Performs general health care in at least 70% of all patient visits, and performs specialized health care such as anesthetics, cosmetic treatments, addiction therapies or weight control in no more than 30% of patient visits.
Practices consistent with the standards identified in a clean needle technique course acceptable to the department.

(2) “Acupressure” means the manual stimulation of acupuncture points.

(3) “Acupuncture” has the meaning given under s. 451.01 (1), Stats.

(4) “Acupuncturist” means a person who is certified under ch. 451, Stats., to practice acupuncture.

(5) “AIDS” means acquired immunodeficiency syndrome.

(6) “Department” means the department of safety and professional services.

(8) “Herbal medicine” means the use of plant, animal and mineral substances to assist in attaining or maintaining a state of health or relief from symptoms of disease.

(9) “HIV” means human immunodeficiency virus.

(10) “Laserpuncture” means the use of lasers to stimulate acupuncture points.

(11) “Moxibustion” means the application of heat produced by burning dried moxa wool to specific points of the human body other than the burning of moxa wool directly on the skin.

(12) “NCCAOM” means the national certification commission for acupuncture and Oriental medicine.

(13) “Needle sickness” includes nausea, or dizziness, or other physical discomforts resulting from acupuncture treatment.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (intro.), (8) and (12), renum. (1) to (5) to be (2) to (6), cr. (1), r. (6), (7) and (14), Register, May, 1998, No. 509, eff. 6-1-98; correction in (intro.), (6) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671.

Chapter SPS 71 CERTIFICATION

Wis. Admin. Code § SPS 71.01 Application for certification {#sec-sps-71.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 71.01}

An applicant for certification as an acupuncturist who has never practiced acupuncture or who does not qualify for certification under s. SPS 71.03, shall submit to the department:

(1) An application on a form provided by the department.

Note: Application forms are available on request to the department at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.

(3) The fee specified in s. 440.05 (1), Stats.

(4) Evidence that the applicant has never been the subject of any disciplinary action by any professional or licensing authority, and subject to ss. 111.321, 111.322 and 111.335, Stats., has not been convicted of any offense substantially related to the practice of acupuncture.

(5) Evidence of successful completion of the NCCAOM examination in acupuncture, with a passing score as determined by the NCCAOM.

(6) Evidence of successful completion of course of study and residency, the equivalent of at least 2 consecutive years of full-time education and clinical work in Oriental diagnostic and therapeutic theories and practices at a school accredited by the national accreditation commission for schools and colleges of acupuncture and Oriental medicine or the NCCAOM.

(7) Evidence of successful completion of a clean needle technique course acceptable to the department.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90, am. (intro.), (4) to (6), r. (2), Register, May, 1998, No. 509, eff. 6-1-98; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 71.03 Application for reciprocal certification {#sec-sps-71.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 71.03}

(1) Reciprocity generally. Upon application and payment of the fee specified in s. 440.05 (2), Stats., the department shall grant an acupuncturist certificate of registration to any applicant who holds an acupuncturist certificate or license in another state or territory of the United States if the department determines that the applicant has actively engaged in the practice of acupuncture for at least 5 years or that the requirements for certification or licensure in the other state or territory are substantially equivalent to the requirements under s. 451.04, Stats.

(2) Reciprocity for service members, former service members, and spouses of service members or former service members. A reciprocal acupuncturist certificate shall be granted to an applicant who is a service member, former service member, or the spouse of a service member or former service member as defined in s. 440.09 (1), Stats., if the department determines that the applicant meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the department may request verification necessary to make a determination under this subsection.

History

Application forms are available on the department’s website at https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 266-2112.
Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. (intro.) and (1), renum. (2) to be RL 71.03 and am., Register, May, 1998, No. 509, eff. 6-1-98; CR 21-056: r. and recr. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § SPS 71.04 Renewal of certification after 5 years {#sec-sps-71.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 71.04}

An acupuncture certificate holder who fails to renew his or her credential within 5 years following the renewal date of the certificate shall take and pass the examination required under s. SPS 71.01 (5) within one year prior to the date of application for renewal, unless the applicant provides evidence satisfactory to the department that he or she has actively engaged in the certified practice of acupuncture during the 5 years immediately preceding the application in any other state or territory of the United States.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Chapter SPS 72 SAFE PRACTICE

Wis. Admin. Code § SPS 72.01 Sanitation {#sec-sps-72.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 72.01}

All areas of an establishment and the equipment used by acupuncturists in the establishment shall be maintained in a clean, sanitary and safe condition.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90.

Wis. Admin. Code § SPS 72.02 Sterilization {#sec-sps-72.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 72.02}

(1) All nondisposable needles, acupuncture equipment that comes in contact with a patient’s blood or body fluids or penetrates the skin, and equipment used to handle or store needles shall be sterilized after each use.

(2) All equipment required to be sterilized by this section shall be thoroughly wiped clean with a disinfectant or cleansing solution before sterilization.

(3) Sterilization, as required by this section, shall be accomplished by use of one of the following in accordance with manufacturer’s instructions:

(a) Autoclave for 30 minutes at 250º F., 15 pounds of steam pressure. If this method is employed, the packaging used to store the needles shall have autoclave tape to verify sterilization.

(b) Dry heat sterilization for 2 hours at 338º F. If this method is employed, the acupuncturist shall check needles for breakage after sterilization.

(4) The following procedures are not acceptable methods of sterilization:

(a) Boiling.

(b) Soaking in alcohol or other antiseptic solution.

(5) Equipment used to sterilize shall be maintained in good working order. Sterilization equipment shall be monitored as required by the manufacturer to ensure that it is functioning in accordance with manufacturer’s specifications.

(6) Any equipment that has been sterilized shall be stored in packaging that protects against contamination and that is clearly marked to distinguish it from unsterile equipment. Sealed packages containing sterilized equipment shall be marked with an expiration date in accordance with the manufacturer’s recommendations.

(7) Resterilization of equipment is required if any of the following occur:

(a) It is equipment stored in a sealed package beyond its expiration date.

(b) Its packaging is damaged in any way which adversely affects the ability of the packaging to maintain the sterility of its contents.

(8) No needle, cup, or other device shall be used on more than one point of any patient, or applied to a single point on any patient more than one time, before it is resterilized.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (1), Register, May, 1998, No. 509, eff. 6-1-98.

Wis. Admin. Code § SPS 72.03 Treatment procedures {#sec-sps-72.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 72.03}

(1) Before any treatment commences, a patient shall be given the option, at the patient’s own expense, to have treatment with disposable acupuncture needles, which have been sterilized and wrapped in accordance with s. 451.12, Stats., and maintained in accordance with s. SPS 72.02 (7).

(2) An acupuncturist shall wash his or her hands by scrubbing thoroughly for at least 10 seconds with soap or anti-microbial products between treatment of patients, immediately before an acupuncture procedure and after contact with blood or body fluids or obvious environmental contaminants.

(3) A clean field shall be maintained to protect sterility of equipment used in acupuncture treatment of each patient.

(4) A topical disinfectant shall be applied to the skin surface in the area prior to needle insertion or treatment that breaks the skin.

(5) A sterile needle shall be maintained in a sterile state prior to insertion into an acupuncture point and its shaft shall not come in contact with fingers during insertion, positioning or other manipulation.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (1), Register, May, 1998, No. 509, eff. 6-1-98; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 72.04 Disposal of needles {#sec-sps-72.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 72.04}

All needles shall be placed in a rigid, puncture-proof sealed container for disposal. Containers used for disposal shall be so labeled, and shall carry the warning “CONTAMINATED CONTENTS—USE PRECAUTIONS.” Disposal containers are to be handled and discarded appropriately.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90.

Wis. Admin. Code § SPS 72.05 Procedure for exposure to blood {#sec-sps-72.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 72.05}

When a patient or acupuncturist is exposed to blood by bleeding needles, laceration, or other exposure to broken skin or mucous membrane, the acupuncturist shall stop, thoroughly wash the exposed area or wound on the patient’s or acupuncturist’s body with soap and water, and disinfect the exposed area or wound with a topical disinfectant. In the case of mucous membrane exposure, the acupuncturist shall wash or rinse the affected area with copious amounts of water.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90.

Wis. Admin. Code § SPS 72.06 Precautionary procedures {#sec-sps-72.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 72.06}

(1) An acupuncturist shall cover any abrasions, oozing or open lesions or wounds on his or her hands or forearms prior to patient contact. If an acupuncturist has oozing or open lesions or weeping dermatitis on his or her hands or forearms that cannot be effectively covered, the acupuncturist shall refrain from direct patient contact until such condition has resolved.

(2) An acupuncturist shall use a new pair of disposable protective gloves in treating each patient who has oozing or open lesions or weeping dermatitis in the area where treatment is to be performed and dispose of the gloves after each such use.

(3) If an acupuncturist learns that a patient has AIDS, hepatitis, or any other blood-borne infectious disease, or has tested positive for HIV, then the acupuncturist shall use disposable needles in treating that patient.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (3), Register, May, 1998, No. 509, eff. 6-1-98.

Wis. Admin. Code § SPS 72.07 Safe practices {#sec-sps-72.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 72.07}

(1) No acupuncturist shall engage in any treatment which violates standards of good and accepted practice of acupuncture, or which makes use of any unsanitary or non-sterile equipment.

(2) An acupuncturist shall obtain from each patient a medical history pertinent to the patient’s chief complaints.

(3) When an acupuncturist encounters a patient with a potentially serious disorder including, but not limited to, cardiac conditions, uncontrolled hypertension, acute abdominal symptoms, acute undiagnosed neurological changes, unexplained weight loss or gain in excess of 15% of body weight within a 3 month period, suspected fracture or dislocation, suspected systemic infection, communicable disease, any serious undiagnosed hemorrhagic disorder or acute respiratory distress without previous history or diagnosis, the acupuncturist shall:

(a) In a non-emergency situation, request a consultation or written diagnosis from a licensed physician prior to commencing acupuncture treatment or continuing treatment if the situation is discovered in the course of treatment.

(b) In an emergency situation, provide life support and transportation to the nearest licensed medical facility.

(4) An acupuncturist shall have on file for each patient treated a written confirmation signed by the patient and the acupuncturist acknowledging that the patient has been advised to consult a physician regarding the conditions for which such patient seeks acupuncture treatment.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90; renum. (2) and (3) to be (3) and (4) and am. (3) (a), cr. (2), Register, May, 1998, No. 509, eff. 6-1-98.

Chapter SPS 73 GROUNDS FOR DISCIPLINE

Wis. Admin. Code § SPS 73.01 Grounds for denial of certification or discipline {#sec-sps-73.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 73.01}

For purposes of s. 451.14 (2) (b), Stats., engaging in conduct while practicing acupuncture that evidences a lack of knowledge or ability to apply professional principles or skills includes, but is not limited to:

(1) Practicing acupuncture while ability is impaired by a mental or emotional disorder, physical disability, alcohol or other drugs.

(2) Violating, or aiding or abetting violation of any law, the circumstances of which substantially relate to the practice of acupuncture or other healing art.

(3) Practicing acupuncture without a current and valid certificate.

(4) Having been disciplined in another jurisdiction in any way by a certifying, registering, or licensing authority for reasons substantially the same as those set forth in s. 451.14, Stats., or in chs. SPS 70 to 73.

(5) After a request by the department, failing to cooperate in a timely manner with the department’s investigation of a complaint filed against an acupuncturist. The department will apply a rebuttable presumption that an acupuncturist who takes longer than 30 days to respond to a request by the department has not acted in a timely manner.

(6) Practicing acupuncture fraudulently, beyond its authorized scope, with gross incompetence or gross negligence, with incompetence on one or more occasion, with negligence on more than one occasion, or practicing acupuncture or any secondary therapeutic technique beyond or inconsistent with training, education or experience.

(7) Refusing to provide professional services to a person solely on the basis of such person’s race, color, age, sex, sexual orientation, political or religious beliefs, handicap, marital status or national origin.

(8) Failing to provide duplicate patient records when requested by the patient or the department. If the original record is not in English, the acupuncturist shall provide the duplicate in English translation performed by a competent translator. Thirty days is presumed to be a reasonable period of time in which to obtain the translation.

(9) Failing to maintain complete and accurate records of each patient visit, including patient histories, summaries of examinations, diagnoses, and treatments performed or prescribed, and referrals to other practitioners of acupuncture or any other healing art, for a period of 7 years past the most recent visit of the patient to whom the record refers, or the time the patient reaches the age of majority.

(11) Providing acupuncture without the informed consent of a patient. Informed consent requires:

(a) The disclosure to the patient of the availability of all alternate, viable modes of acupuncture treatment and the benefits and risks of these treatments, including the risks and benefits associated with the use of:

Acupuncture needles to stimulate acupuncture points and meridians, including the specific risks of needling certain points.
Use of mechanical, magnetic or electrical stimulation of acupuncture points, particularly in instances where such stimulation is applied across the midline of the trunk or in patients with a history of heart trouble.
Moxibustion.
Herbal medicine.
Laserpuncture.
Acupressure.

(b) The disclosure to the patient shall involve a disclosure of the side effects including:

Some pain at the site of needle insertion.
Minor bruising.
Infection and the risks from needling in the vicinity of an infection.
Needle sickness.
Broken needles.

History

Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr. (intro.), am. (4), (6), (8) and (9), r. (10), Register, May, 1998, No. 509, eff. 6-1-98; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 73.02 Use of titles {#sec-sps-73.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 73.02}

(1) Any person certified under ch. 451, Stats., to practice acupuncture shall include the title “acupuncturist,” “Wisconsin certified acupuncturist,” or a similar title in advertisements of acupuncture services.

(2) Any person certified under ch. 451, Stats., to practice acupuncture who has been conferred the degree of doctor of Oriental medicine may advertise his or her services as an acupuncturist to the public using the title “doctor of Oriental medicine” or “D.O.M.,” if the title “acupuncturist,” “Wisconsin certified acupuncturist,” or a similar title is used in the same advertisement.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Wis. Admin. Code § SPS 73.03 Examples of false, deceptive or misleading advertising {#sec-sps-73.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 73.03}

For purposes of s. 451.14 (2) (d), Stats., false, deceptive or misleading advertising includes:

(1) Advertising acupuncture services using a title that includes the words “medical doctor” or the initials “M.D.,” unless the acupuncturist meets the requirements of s. 448.03 (3) (a), Stats.

Note: Section 448.03 (3) USE OF TITLES. (a) No person may use or assume the title “doctor of medicine” or append to the person’s name the letters “M.D.” unless one of the following applies:

1. The person possesses the degree of doctor of medicine.

2. The person is licensed as a physician under this subchapter because the person satisfied the degree requirement of s. 448.05 (2) by possessing a medical degree that was conferred by a medical school recognized and listed as such by the World Health Organization of the United Nations.

(2) Advertising acupuncture services using the title “Doctor” or the abbreviation “Dr.,” or “Ph.D.” in connection with the practice of acupuncture unless the acupuncturist possesses a license or certificate which authorizes such use or possesses an earned doctorate degree which is in acupuncture or Oriental medicine.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Chapter SPS 85 REAL ESTATE APPRAISERS

Subchapter I Authority, Intent, Adoption of Standards, and Definitions

Wis. Admin. Code § SPS 85.100 Authority {#sec-sps-85.100 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.100}

The rules in chs. SPS 85 to 87 are adopted under the authority of ss. 227.11 and 440.03 (1), Stats., and ch. 458, Stats.

History

Cr. Register, September, 1991, No. 429, eff. 10-1-91; am. Register, April, 1994, No. 460, eff. 5-1-94; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR. 14-016: renum. from SPS 80.01 and am. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § SPS 85.110 Intent {#sec-sps-85.110 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.110}

The intent of the department in adopting chs. SPS 85 to 87 is to establish minimum standards for professional appraisal practice for certified and licensed appraisers that are consistent with the Uniform Standards of Professional Appraisal Practice issued by the Appraisal Standards Board of The Appraisal Foundation. It is further intended that these rules shall establish standards of competency such that persons certified or licensed as appraisers are qualified to perform appraisals for federally related transaction under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 12 USC 3331 et seq.

History

Cr. Register, September, 1991, No. 429, eff. 10-1-91; emerg. am. eff. 10-1-91; am, Register, May, 1992, No. 437, eff. 6-1-92; am. Register, April, 1994, No. 460, eff. 5-1-94; am. Register, June, 1996, No. 486, eff. 7-1-96; am. Register, January, 1998, No. 505, eff. 2-1-98; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-016: renum. from SPS 80.02 and am. Register September 2014 No. 705; CR 18-104: am. Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 85.115 Adoption of standards {#sec-sps-85.115 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.115}

The Uniform Standards of Professional Appraisal Practice, 2024, issued by the Appraisal Standards Board of The Appraisal Foundation, are incorporated by reference into chs. SPS 85 to 87.

Note: Copies of the standards are on file in the offices of the legislative reference bureau. A copy of the standards may be purchased from the organization listed at www.appraisalfoundation.org.

History

CR 18-104: cr. Register December 2019 No. 768, eff. 1-1-20; CR 25-026: am. Register April 2026 No. 844, eff. 5-1-26.

Wis. Admin. Code § SPS 85.120 Definitions {#sec-sps-85.120 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.120}

As used in chs. SPS 85 to 87 and in ch. 458, Stats.:

(1) “Accredited” means accredited by the Commission on Colleges, a national or regional accreditation association, or an accrediting agency recognized by the U.S. department of education.

(1m) “Appraisal consulting” means the performance of consulting services in accordance with the Uniform Standards of Professional Appraisal Practice.

(2) “Appraisal experience” means experience obtained by the performance of appraisals, appraisal reviews, appraisal consulting assignments, or mass appraisals in accordance with the Uniform Standards of Professional Appraisal Practice in effect at the time the experience is obtained.

(3) “AQB” means the Appraiser Qualifications Board of The Appraisal Foundation.

Note: The Appraiser Qualifications Board of The Appraisal Foundation may be contacted at (202) 347-7722, info@appraisalfoundation.org, or www.appraisalfoundation.org.

(4) “Board” means the real estate appraisers board.

(5) “Class hour” means 60 minutes, of which at least 50 minutes are instruction attended by the student.

(6) “CLEP” means College Level Examination Program.

(7) “Complex 1-to-4 family residential property appraisal” means an appraisal of 1-to-4 family residential property in which the property to be appraised, the form of ownership, or market conditions are atypical.

(8) “Cosign” means the act of a noncertified or unlicensed appraiser signing a written appraisal in conjunction with a certified or licensed appraiser.

(9) “Department” means the department of safety and professional services.

(10) “Distance education” means any education process based on the geographical separation of student and instructor.

(11) “Dwelling unit” means a structure or that part of a structure that is used or intended to be used as a residence.

(12) “Federal financial institutions regulatory agencies” means the board of governors of the federal reserve system, the federal deposit insurance corporation, the office of the comptroller of the currency, the office of thrift supervision and the national credit union administration.

(13) “Federally related transaction” means any real estate related financial transaction which a federal financial institutions regulatory agency engages in, contracts for or regulates and requires the services of an appraiser.

(14) “Fee and staff appraisal” means a real property appraisal developed and reported in accordance with the Uniform Standards of Professional Appraisal Practice.

(15) “FIRREA” means the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

(15m) “Former service member” has the meaning given in s. 440.09 (1) (a), Stats.

(16) “Highest and best use” means the reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value.

(17) “Hour of appraisal experience” means 60 minutes of verifiable appraisal experience.

(18) “Mass appraisal” means an appraisal of a universe of properties performed in accordance with the Uniform Standards of Professional Appraisal Practice.

(19) “Non-complex 1-to-4 family residential property appraisal” means an appraisal of 1-to-4 family residential property in which the property to be appraised, the form of ownership, or market conditions are typical.

(20) “Non-federally related transaction” means any real estate related transaction other than a federally related transaction.

(20m) “PAREA” means Practical Applications of Real Estate Appraisal, a virtual educational training program approved by the AQB designed to offer practical experience in a simulated and controlled environment.

(21) “Practice of a temporary nature” means the performance by an appraiser of one or more appraisals conducted for purposes of completing a specific appraiser assignment.

(21g) “Service member” has the meaning given in s. 440.09 (1) (b), Stats.

(21r) “Spouse” has the meaning given in s. 440.09 (1) (c), Stats.

(24) “Supervision” means direct, personal, and active oversight by a certified or licensed appraiser of employees or associates who assist in the preparation of appraisals.

(25) “Transaction value” means one of the following:

(a) For loans or other extensions of credit, the amount of the loan or extension of credit.

(b) For sales, leases, purchases, and investments in or exchanges of real property, the market value of the real property interest involved.

(c) For the pooling of loans or interests in real property for resale or purchase, the amount of the loan or market value of the real property calculated with respect to each such loan or interest in real property.

(26) “Uniform Standards of Professional Appraisal Practice” or “USPAP” means the standards issued by the Appraisal Standards Board of The Appraisal Foundation for the performance of real estate appraisals.

(27) “Written” means written on paper or administered electronically on a computer workstation or other device.

History

Cr. Register, September, 1991, No. 429, eff. 10-1-91; emerg. am. (4), (7) and (9), renum. (10) and (11) to be (12) and (13), cr. (10) and (11), eff. 10-1-91; am, (4), (7) and (9), renum. (10) and (11) to be (11) and (12), cr. (10), Register, May, 1992, No. 437, eff. 6-1-92; am. (intro.), renum. (2) to (12) to be (3), (4), (6) to (10), (14), (16) to (18) and am. (16), cr. (2), (5), (11) to (13) and (15), Register, April, 1994, No. 460, eff. 5-1-94; renum. (1) to be (1a), cr. (1), (2a), (8a), (8b), (8c), (8d), am. (3), (8), (9), (17), r. (16), Register, June, 1996, No. 486, eff. 7-1-96; am. (3), (13), (15) (intro.), (a), and (b), renum. (1) to (1a) to be (1a) and (1b), cr. (1), (10a), r. (17), Register, January, 1998, No. 505, eff. 2-1-98; cr. (8ag), (8ar) and (10r), renum. (10a) to be (10g); Register, January, 1999, No. 517, eff. 2-1-99; CR 01-100: am. (1a), (2), (3), (8a), (8b), (8d), (9), (12), (13) and (14), r. (2a), cr. (7g) and (8bg), r. and recr. (10r), Register February 2002 No. 554, eff. 3-1-02; CR 06-033: r. (1a), (1b), (7g) (a) and (b), am. (3), (9) and (13), r. and recr. (4m) and (10), renum. (7g) (intro.) to (7g) and am. Register November 2006 No. 611, eff. 12-1-06; CR 10-135: am. (10) Register August 2011 No. 668, eff. 9-1-11; correction in (7) under s. 13.92 (4) (b) 6., Stats., Register August 2011 No. 668; correction in (intro.), (9) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-016: SPS 85.120 renum. from SPS 80.03; as renumbered, am. (intro.), r. (2), renum. (3) to (8) to (2), (4), (5), (7), (8), (9), (10), (11), cr. (3), (6) renum. from SPS 84.001 and am., r. (8), renum. (8ag) to (8c) to (12) to (16), r. (8) (d), renum. (9) to (18) to (17) to (26) and am. (17); cr. (27) Register September 2014 No. 705, eff. 1-1-15; correction in (17) made under s. 13.92 (4) (b) 7., Stats., Register September 2014 No. 705; CR 18-104: am. (1) to (3), (6), (14), (15), (17), (18), r. (22), renum. (23) to (1m) and am., am. (24), (26) Register December 2019 No. 768, eff. 1-1-20; CR 20-086: cr. (15m), (21g), (21r) Register August 2021 No. 788, eff. 9-1-21; CR 25-025: cr. (20m) Register April 2026 No. 844, eff. 5-1-26.

Subchapter II Application

Wis. Admin. Code § SPS 85.200 Prerequisite to submitting credential application {#sec-sps-85.200 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.200}

Prior to submitting an application for a licensed or certified real estate appraiser credential, an individual shall successfully complete the education and experience hours required under ss. SPS 85.310 and 85.320, ss. SPS 85.410 and 85.420, or ss. SPS 85.510 and 85.520, as appropriate.

History

CR 04-007: cr. Register August 2004 No. 584, eff. 9-1-04; CR 06-033: am. Register November 2006 No. 611, eff. 12-1-06; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-016: renum. from SPS 81.01 and am. Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. Register December 2019 No. 768, eff. 1-1-20; correction made under s. 35.17, Stats., Register December 2019 No. 768.

Wis. Admin. Code § SPS 85.210 Applications for certified and licensed appraisers {#sec-sps-85.210 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.210}

(1) An applicant for certification or licensure shall apply on a form provided by the department. The application shall include all of the following:

(a) The application fee established by the department and the annual registry fees required under s. 458.21, Stats.

(b) Subject to ss. 111.321, 111.322, and 111.335, Stats., a statement relating to any pending criminal charge or conviction record. An applicant who has a pending criminal charge or a conviction record shall provide the department with all related information necessary for the department to determine whether the circumstances of the pending charge or conviction substantially relate to the practice of appraisal.

(c) Evidence of successful completion of the educational course work required under s. SPS 85.320, 85.420, or 85.520 for licensure or certification.

(d) Evidence of successful completion of the national and state examinations under s. SPS 85.600.

(e) The roster of appraisal experience required under s. SPS 85.700 (3).

Note: Applications are available from the department’s website at http://dsps.wi.gov.

(2m) The department may request additional information to determine if an applicant is qualified for certification or licensure. Failure by an applicant to comply with a request for additional information within 120 days from the date of the request shall void the application and require the applicant to reapply for certification or licensure.

(3m) The department shall provide an applicant with a disability reasonable accommodations for completing an application.

History

Cr. Register, September, 1991, No. 429, eff. 10-1-91; emerg. am. intro., (3), (6) and (7), eff. 10-1-91; am. (intro.), (3), (6), (7), Register, May, 1992, No. 437, eff. 6-1-92; am. (intro.), (2) to (4), (6) and (7), cr. (8), Register, April, 1994, No. 460, eff. 5-1-94; am. (intro.) and (1) to (7), Register, June, 1996, No. 486, eff. 7-1-96; am. (3), Register, January, 1998, No. 505, eff. 2-1-98; CR 02-067: am. (3), r. (4) Register November 2002 No. 563, eff. 12-1-02; CR 04-007: renum. from RL 81.01 Register August 2004 No. 584, eff. 9-1-04; CR 06-033: am. (intro.), (3) and (7), r. (6) Register November 2006 No. 611, eff. 12-1-06; correction in (3), (5), (7), (8) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-016: SPS 85.210 renum. from SPS 81.02, am. (3), (5), (7), r. (8) Register September 2014 No. 705, eff. 1-1-15; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register September 2014 No. 705; CR 18-104: renum. (intro.) to (1) (intro.) and am., cr. (2m), (3m) Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 85.220 Temporary registration {#sec-sps-85.220 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.220}

(1) Requirements. An appraiser who holds a current appraiser certificate in another state, which is not currently limited, suspended, or revoked, may use the titles described under s. 458.055, Stats., when performing an appraisal in this state, if all of the following apply:

(a) The appraisal is performed in a federally related transaction.

(b) The appraiser’s practice in this state is practice of a temporary nature.

(2) Application. An appraiser seeking a temporary registration shall apply on a form provided by the department. The application shall include all of the following:

(a) The fee specified in s. 440.05 (1) and (6), Stats.

(b) A description of the appraisal assignment in this state, including information pertaining to the type of property being appraised, the location and approximate size of the property, the anticipated completion date, and the name and address of the lender requesting the appraisal.

(c) Subject to ss. 111.321, 111.322, and 111.335, Stats., a statement relating to any pending criminal charge or conviction record. An applicant who has a pending criminal charge or a conviction record shall provide the department with all related information necessary for the department to determine whether the circumstances of the pending charge or conviction substantially relate to the practice of appraisal.

(d) A written statement identifying each state in which the applicant practices as an appraiser.

Note: Applications are available from the department’s website at http://dsps.wi.gov.

(3) Request for additional information. The department may request additional information to determine if an applicant is qualified for a temporary registration. Failure by an applicant to comply with a request for additional information within 120 days from the date of the request shall void the application and require the applicant to reapply for temporary registration.

(4) Accommodations. The department shall provide an applicant with a disability reasonable accommodations for completing an application.

History

Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. Register, June, 1996, No. 486, eff. 7-1-96; am. (2) (intro.), (d), Register, June, 1996, No. 486, eff. 7-1-96; am. (1) (c), (2), (a), (b) and (c), Register, January, 1998, No. 505, eff. 2-1-98.; am. (2) (b), cr. (2) (e), Register, January, 1999, No. 517, eff. 2-1-99; CR 01-100: am. (1) (c), r. (2) (b), renum. (2) (c) to (e) to be (2) (b) to (d) and am. (2) (d), Register February 2002 No. 554, eff. 3-1-02; CR 06-033: am. (1) (intro.), (c), (2) (intro.) and (a) Register November 2006 No. 611, eff. 12-1-06; CR 14-016: SPS 85.220 (1), (2) renum. from SPS 81.03 (1), (2) Register September 2014 No. 705, eff. 1-1-15; SPS 85.220 (title) renum. from 81.03 (title) under s. 13.92 (4) (b) 1. Register September 2014 No. 705; CR 18-104: am. (1) (intro.), (2) (intro.), (b), (c), cr. (3), (4) Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 85.230 Reciprocal licensure and certification {#sec-sps-85.230 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.230}

(1) Except as provided under sub. (2m), an individual applying for licensure or certification as an appraiser on the basis of a license or certification in another state or territory of the United States shall do all of the following:

(a) Submit an application on a form provided by the department.

(b) Pay the fee specified in s. 440.05 (2), Stats.

The applicant holds a current appraiser license or certification in another state or territory of the United States, which is not currently limited, suspended, or revoked and that was granted in accordance with the requirements of FIRREA.
The applicant has successfully completed the examination under s. SPS 85.600 on statutes and rules of this state governing appraisers.

(d) Subject to ss. 111.321, 111.322, and 111.335, Stats., provide a statement relating to any pending criminal charge or conviction record. An applicant who has a pending criminal charge or a conviction record shall provide the department with all related information necessary for the department to determine whether the circumstances of the pending charge or conviction substantially relate to the practice of appraisal.

(2) In determining whether to grant a reciprocal license or certification under sub. (1), the department shall consider whether the current requirements for a license or certification in the other state or territory meet or exceed the requirements for licensure or certification as an appraiser in this state.

(2m) As provided under s. 440.09, Stats., the department shall grant a reciprocal license or certification as an appraiser to an individual who the department determines meets all of the following requirements:

(a) The individual applies for a reciprocal license or certification under this subsection on a form prescribed by the department.

(b) The individual is a service member, a former service member, or the spouse of a service member or former service member and resides in this state.

(c) The individual holds a license, certification, registration, or permit that was granted by a governmental authority in a jurisdiction outside this state that qualifies the individual to perform appraisals conducted in connection with federally related transactions.

(d) The individual pays the fee specified under s. 440.05 (2), Stats.

(e) The individual is in good standing with the governmental authorities in every jurisdiction outside this state that have granted the individual a license, certification, registration, or permit that qualifies the individual to perform appraisals conducted in connection with federally related transactions. An individual does not meet the requirement under this paragraph if, during the 5-year period immediately preceding the date of application under par. (a), the individual has been convicted of, or plead guilty or nolo contendere to, a felony substantially related to the practice of real estate appraisal. A felony substantially related to the practice of real estate appraisal does not include a felony involving an act other than fraud, dishonesty, breach of trust, or money laundering.

(3) Subject to s. 440.09 (2m), Stats., the department may request additional information to determine if an applicant is qualified for reciprocal licensure or certification. Failure by an applicant to comply with a request for additional information within 120 days from the date of the request shall void the application and require the applicant to reapply for reciprocal licensure or registration.

(4) The department shall provide an applicant with a disability reasonable accommodations for completing an application.

Note: Applications for reciprocal licensure and certification may be obtained from the department of safety and professional services at (608) 266-2112 or from the department’s website at http://dsps.wi.gov.

History

Cr. Register, January, 1999, No. 517, eff. 2-1-99; CR 06-033: am. (1) (c) (intro.) and 1. Register November 2006 No. 611, eff. 12-1-06; CR 10-135: cr. (1) (c) 4. Register August 2011 No. 668, eff. 9-1-11; correction in (1) (c) 2., 4. made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; EmR1307: emerg. r. (1) (c) 3., 4., am. (2), eff. 6-18-13; CR 13-053: r. (1) (c) 3., 4., am. (2) Register February 2014 No. 698, eff. 3-1-14; CR 14-016: SPS 85.230 renum. from SPS 81.04, am. (1) (c) 2., cr. (1) (c) 3. Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (1) (c) (intro.), 1., 2., renum. (1) (c) 3. to (1) (d) and am., cr. (3), (4) Register December 2019 No. 768, eff. 1-1-20; correction in (1) (c) 3. made under s. 35.17, Stats., Register December 2019 No. 768; CR 20-086: am. (1) (intro.), (2), cr. (2m), am. (3) Register August 2021 No. 788, eff. 9-1-21.

Wis. Admin. Code § SPS 85.240 Background checks {#sec-sps-85.240 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.240}

(1) Except for candidates for a reciprocal credential under s. SPS 85.230 (2m), all candidates for licensed or certified appraiser credentials shall undergo background screening in accordance with s. 440.03 (13) (c), Stats. The board may not issue a licensed or certified appraiser credential if any of the following applies:

(a) The applicant has had an appraiser license or certification revoked, or surrendered for cause, in any governmental jurisdiction within the 5-year period immediately preceding the date of application.

(b) The applicant has been convicted of, or plead guilty or nolo contendere to, a felony substantially related to the practice of real estate appraisal. This paragraph does not apply if the felony involved an act other than fraud, dishonesty, breach of trust, or money laundering and the conviction or plea occurred before the 5-year period immediately preceding the date of application.

(c) The applicant has failed to demonstrate character and general fitness such as to command the confidence of the community and to warrant a determination that the appraiser will operate honestly and fairly.

(2) Subject to ss. 111.321, 111.322, and 111.335, Stats., an applicant who has a pending criminal charge or has a conviction record shall provide the department with all related information necessary for the department to determine whether the circumstances of the pending charge or conviction substantially relate to the practice of real estate appraisal.

History

CR 14-016: cr. Register September 2014 No. 705, eff. 1-1-5; CR 18-104: am. (1) (a), (b) Register December 2019 No. 768, eff. 1-1-20; CR 20-086: am. (1) (intro.) Register August 2021 No. 788, eff. 9-1-21.

Subchapter III Certified General Appraiser

Wis. Admin. Code § SPS 85.300 Certified general appraiser {#sec-sps-85.300 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.300}

A certified general appraiser may conduct appraisals of 1-to-4 family residential real estate and commercial real estate without regard to transaction value.

History

CR 14-016: renum. from SPS 81.05 (1) Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § SPS 85.310 Proof of experience {#sec-sps-85.310 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.310}

An applicant seeking certification as a general appraiser shall submit evidence satisfactory to the department that the applicant has at least 3,000 hours of appraisal experience obtained over a period of not less than 18 months.

History

CR 14-016: renum. from SPS 83.01 (title), (1), am. (title) Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 85.320 Core curriculum and educational requirements {#sec-sps-85.320 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.320}

(1) An individual who applies for certification as a certified general appraiser shall submit evidence satisfactory to the department that the individual has successfully completed all of the following:

(a) The required 300 class hour core curriculum established by the AQB. The required curriculum consists of all of the following subject areas and corresponding class hours:

Basic appraisal principles — 30 hours.
Basic appraisal procedures — 30 hours.
The 15-Hour National USPAP Course or its AQB-approved equivalent — 15 hours.
General appraisal market analysis and highest and best use — 30 hours.
Statistics, modeling and finance — 15 hours.
General appraiser sales comparison approach — 30 hours.
General appraisal site valuation and cost approach — 30 hours.
General appraiser income approach — 60 hours.
General appraiser report writing and case studies — 30 hours.
Appraisal subject matter electives that may include the minimum required in the subject areas described in subds. 1. to 9. — 30 hours.

(b) A bachelor’s degree or higher, in any field of study, from an accredited, degree-granting college or university.

(2) A licensed appraiser who applies for a certified general appraiser credential shall complete all of the following 150 hour course work, which is identified in the core curriculum under sub. (1) (a), and the college-level educational requirements under sub. (1) (b):

(a) General appraiser market analysis and highest and best use — 15 hours.

(b) Statistics, modeling and finance — 15 hours.

(d) General appraiser site valuation and cost approach — 15 hours.

(e) General appraiser income approach — 45 hours.

(f) General appraiser report writing and case studies — 15 hours.

(g) Appraisal subject matter electives as provided in par. (a) — 30 hours.

(3) A certified residential appraiser who applies for a certified general appraiser credential shall complete all of the following 100 hour course work, which is identified in the core curriculum under sub. (1) (a), and the college-level educational requirements under sub. (1) (b):

(a) General appraiser market analysis and highest and best use — 15 hours.

(b) General appraiser sales comparison approach — 15 hours.

(d) General appraiser income approach — 45 hours.

(e) General appraiser report writing and case studies — 10 hours.

History

Cr. Register, September, 1991, No. 429, eff. 10-1-91; emerg. am. (1), (2) and (3) (intro.), eff. 10-1-91; am. (1), (2) (intro.) and (3) (intro.), Register, May, 1992, No. 437, eff. 6-1-92; am. (2) (a), (3) (intro.), Register, June, 1996, No. 486, eff. 7-1-96; am. (1), (2) (intro.), (3) (a), (b), (c) 1., to 4. c., and (d) to (q), Register, January, 1998, No. 505, eff. 2-1-98; CR 01-100: am. (2) (a), Register February 2002 No. 554, eff. 3-1-02; CR 02-067: am. (1), (2) (intro.) and (a) Register November 2002 No. 563, eff. 12-1-02; CR 06-033: renum. from s. RL 84.03 and am. Register November 2006 No. 611, eff. 12-1-06; CR 10-135: r. and recr. Register August 2011 No. 668, eff. 9-1-11; CR 14-016: SPS 85.320 renum. from SPS 84.04; as renumbered, renum. (1) (b) (intro.) to (b) and am., r. (1) (b) 1. to 9. Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (title), (1) (intro.), (a) (intro.), 3., (b) Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 85.330 Prerequisite for examination {#sec-sps-85.330 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.330}

In order to obtain a certified general appraiser credential, an applicant shall complete the AQB-approved certified general real property appraiser examination. The prerequisite for taking the AQB-approved examination is completion of all of the following:

(1) Three hundred creditable class hours as specified in the course requirements found in s. SPS 85.320 (1) (a). As part of the 300 required hours, the applicant shall complete the 15-Hour National USPAP Course or its AQB-approved equivalent, and the corresponding examination.

(2) Completion of a bachelor’s degree or higher from an accredited college or university.

(3) Three thousand hours of qualifying experience obtained in no fewer than 18 months, a minimum of 1,500 hours of which shall be obtained in non-residential appraisal work. While the hours may be cumulative, the required number of months shall accrue before an individual may be certified.

History

CR 14-016: cr. Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (intro.), (1), (3) Register December 2019 No. 768, eff. 1-1-20.

Subchapter IV Certified Residential Appraiser

Wis. Admin. Code § SPS 85.400 Certified residential appraiser {#sec-sps-85.400 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.400}

A certified residential appraiser may conduct appraisals of 1-to-4 family residential real estate without regard to transaction value and commercial real estate having a transaction value of not more than $500,000.

History

CR 14-016: renum. from SPS 81.05 (2) Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 85.410 Proof of experience {#sec-sps-85.410 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.410}

An applicant seeking certification as a residential appraiser shall submit evidence satisfactory to the department that the applicant has at least 1,500 hours of appraisal experience obtained over a period of not less than 12 months.

History

CR 14-016: renum. from SPS 83.01 (1a), cr. (title) Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 85.420 Core curriculum and educational requirements {#sec-sps-85.420 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.420}

(1) An individual who applies for certification as a certified residential appraiser shall submit evidence satisfactory to the department that the individual has successfully completed all of the following:

(a) The required 200 class hour core curriculum established by the AQB. The required curriculum consists of all of the following subject areas and corresponding class hours:

Basic appraisal principles — 30 hours.
Basic appraisal procedures — 30 hours.
The 15-Hour National USPAP Course or its equivalent — 15 hours.
Residential market analysis and highest and best use — 15 hours.
Residential appraiser site valuation and cost approach — 15 hours.
Residential sales comparison and income approaches — 30 hours.
Residential report writing and case studies — 15 hours.
Statistics, modeling and finance — 15 hours.
Advanced residential applications and case studies — 15 hours.
Appraisal subject matter electives that may include hours over the minimum required in the subject areas described in subds. 1. to 9. — 20 hours.

(b) College-level education meeting the requirements under s. SPS 85.425.

(2) A licensed appraiser who applies for a certified residential appraiser credential shall complete all of the class hours under sub. (1) (a) 8. to 10. and college-level education meeting the requirements under s. SPS 85.425.

History

Cr. Register, September, 1991, No. 429, eff. 10-1-91; emerg. am. (1), (2) and (3) (intro.), eff. 10-1-91; am. (1) to (3) (intro.), Register, May, 1992, No. 437, eff. 6-1-92; am. (1) and (2), Register, April, 1994, No. 460, eff. 5-1-94; am. (1), (3) (intro.), Register, June, 1996, No. 486, eff. 7-1-96; am. (2) and (3) (a) to (q), cr. (3) (r), Register, January, 1998, No. 505, eff. 2-1-98; CR 01-100: am. (2), Register February 2002 No. 554, eff. 3-1-02; CR 02-067: am. (1), renum. (2) to be (2) (intro.) and am., cr. (2) (a) and (b) Register November 2002 No. 563, eff. 12-1-02; CR 06-033: renum. from s. RL 84.02 and am. Register November 2006 No. 611, eff. 12-1-06; CR 10-135: r. and recr. Register August 2011 No. 668, eff. 9-1-11; CR 14-016: renum. SPS 85.420 from SPS 84.03; as renumbered, renum. (1) (b) (intro.) to (b) and am., r. (1) (b) 1. to 6. Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (title), (1) (intro.), (a) (intro.), 3., (b), renum. (2) (intro.) to (2) and am., r. (2) (a) to (c) Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 85.425 Qualifying college-level education {#sec-sps-85.425 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.425}

(1) Except as provided under sub. (2), an applicant shall satisfy one of the following requirements:

(a) A bachelor’s degree or higher in any field of study from an accredited, degree-granting college or university.

(b) An associate’s degree from an accredited, degree-granting college or university in a field of study related to one of the following:

Business administration.
Accounting.
Finance.
Economics.
Real estate.

(c) Successful completion of 30 semester hours of college-level courses from an accredited, degree-granting college or university. The 30 semester hours shall include all of the following:

Three semester hours in English composition.
Three semester hours in microeconomics.
Three semester hours in macroeconomics.
Three semester hours in finance.
Three semester hours in algebra, geometry, or higher mathematics.
Three semester hours in statistics.
Three semester hours in computer science.
Three semester hours in business law or real estate law.
Two elective courses of 3 semester hours each. Each course shall be in the subject area of accounting, geography, agricultural economics, business management, real estate, or one of the subject areas under subds. 1. to 8.

(d) Successful completion of all of the following CLEP examinations:

College Algebra.
College Composition.
College Composition Modular.
College Mathematics.
Principles of Macroeconomics.
Principles of Microeconomics.
Introductory Business Law.
Information Systems.

(e) Successful completion of any combination of the college-level courses and examinations under pars. (c) and (d) that is equivalent to at least 30 semester hours and applicable to all of the subject matter under par. (c). For purposes of this paragraph, all of the following shall apply:

The examination under par. (d) 1. is equivalent to 3 semester hours and applicable to algebra, geometry, statistics, or higher mathematics.
The examination under par. (d) 2. is equivalent to 6 semester hours and applicable to English composition.
The examination under par. (d) 3. is equivalent to 3 semester hours and applicable to English composition.
The examination under par. (d) 4. is equivalent to 6 semester hours and applicable to algebra, geometry, statistics, or higher mathematics.
The examination under par. (d) 5. is equivalent to 3 semester hours and applicable to macroeconomics or finance.
The examination under par. (d) 6. is equivalent to 3 semester hours and applicable to microeconomics or finance.
The examination under par. (d) 7. is equivalent to 3 semester hours and applicable to business law or real estate law.
The examination under par. (d) 8. is equivalent to 3 semester hours and applicable to computer science.

(2) The department shall consider an applicant to meet the requirements under sub. (1) if, during the 5 years immediately preceding the date of application, the applicant has been a licensed appraiser and has not been subject to any adverse, final, and non-appealable disciplinary action affecting eligibility to engage in appraisal practice.

History

CR 18-104: cr. Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 85.430 Prerequisite for examination {#sec-sps-85.430 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.430}

(1) An applicant for a certified residential appraiser credential shall successfully complete the AQB-approved certified residential real property appraiser examination. The prerequisite for taking the AQB-approved examination is completion of all of the following:

(a) The 200 class hours under s. SPS 85.420 (1) (a). As part of the 200 required hours, applicants shall successfully complete the 15-Hour National USPAP Course or its AQB-approved equivalent, and the corresponding examination.

(b) Completion of college-level education meeting the requirements under s. SPS 85.425.

(c) One thousand five hundred hours of qualifying experience obtained in no fewer than 12 months. While the hours may be cumulative, the required number of months shall accrue before an individual may be certified.

(2) The only alternative to successful completion of the certified residential examination is the successful completion of the certified general examination.

History

CR 14-016: cr. Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (1) Register December 2019 No. 768, eff. 1-1-20.

Subchapter V Licensed Appraiser

Wis. Admin. Code § SPS 85.500 Licensed appraiser {#sec-sps-85.500 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.500}

A licensed appraiser may conduct appraisals of complex 1-to-4 family residential property having a transaction value of not more than $400,000, non-complex 1-to-4 family residential property having a transaction value of not more than one million dollars, and commercial real estate having a transaction value of not more than $500,000.

Note: Under federal law, a financial institution is responsible for making the final determination of whether an appraisal is complex. A financial institution may presume that appraisals of 1-to-4 family residential properties are not complex, unless the institution has readily available information that a given appraisal will be complex. If during the course of the appraisal a licensed appraiser identifies factors that would result in the property, form of ownership, or market conditions being considered atypical, the financial institution must either ask the licensed appraiser to complete the appraisal and have a certified appraiser approve and cosign the appraisal, or engage a certified appraiser to complete the appraisal. 12 CRF 225.63.

History

CR 14-016: renum. from SPS 81.05 (3) Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. Register December 2019 No. 768, eff. 1-1-20; CR 20-086: am. Register August 2021 No. 788, eff. 9-1-21.

Wis. Admin. Code § SPS 85.510 Proof of experience {#sec-sps-85.510 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.510}

An applicant seeking licensure as an appraiser shall submit evidence satisfactory to the department that the applicant has at least 1,000 hours of appraisal experience obtained over a period of not less than 6 months.

History

CR 14-016: renum. from SPS 83.01 (2), cr. (title) Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 85.520 Core curriculum requirements {#sec-sps-85.520 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.520}

An individual who applies for a license as an appraiser shall submit evidence satisfactory to the department that the individual has successfully completed the required 150 class hour core curriculum established by the AQB. The required curriculum consists of all of the following subject areas and corresponding class hours:

(1) Basic appraisal principles — 30 hours.

(2) Basic appraisal procedures — 30 hours.

(3) The 15-Hour National USPAP Course or its equivalent — 15 hours.

(4) Residential market analysis and highest and best use — 15 hours.

(5) Residential appraiser site valuation and cost approach — 15 hours.

(6) Residential sales comparison and income approaches — 30 hours.

(7) Residential report writing and case studies — 15 hours.

History

Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (1), Register, April, 1994, No. 460, eff. 5-1-94; am. (3) (intro.), Register, June, 1996, No. 486, eff. 7-1-96; am. (1), (2) and (3) (a) to (p), cr. (3) (r), Register, January, 1998, No. 505, eff. 2-1-98; CR 02-067: am. (1), renum. (2) to be (2) (intro.) and am., cr. (2) (a) and (b), Register November 2002 No. 563, eff. 12-1-02; CR 06-033: renum. from s. RL 84.04 and am. Register November 2006 No. 611, eff. 12-1-06; CR 10-135: r. and recr. Register August 2011 No. 668, eff. 9-1-11; CR 14-016: SPS 85.520 renum. from SPS 84.02, cr. (8), (9) Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (title), (intro.), (3), r. (8), (9) Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 85.530 Prerequisite for examination {#sec-sps-85.530 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.530}

(1) An applicant for a licensed appraiser credential shall successfully complete the AQB-approved licensed residential real property appraiser examination. The prerequisite for taking the AQB-approved examination is completion of all of the following:

(a) The 150 class hours under s. SPS 85.520.

(2) The only alternative to successful completion of the licensed residential examination is the successful completion of the certified residential or certified general examinations.

History

CR 14-016: cr. Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (1) (intro.), (a), r. (1) (b), am. (1) (c) Register December 2019 No. 768, eff. 1-1-20.

Subchapter VI Examination

Wis. Admin. Code § SPS 85.600 Examination {#sec-sps-85.600 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.600}

(1) In order to obtain a residential or general appraiser certification or a certificate of licensure as an appraiser, an applicant shall pass the national examination required for certification as a residential appraiser or general appraiser or for licensure, as appropriate, and the examination on statutes and rules of this state governing appraisers.

Note: The examination on Wisconsin statutes and rules is administered by the department. The national examination is administered by a provider approved by the department.

(2) The national examination required for appraiser certification or licensure shall be consistent with and equivalent to the uniform state certification examination issued or endorsed by the AQB.

(3) A score determined by the department to represent minimum competence to practice is required to pass each examination. The department may adopt the passing grade on the national examination recommended by the examination provider. Following consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, the department shall determine the passing grade for the examination on statutes and rules of this state. The department shall set the passing score for the statutes and rules examination to represent minimum acceptable competence in the profession.

(4) Individuals who apply for licensed and certified appraiser credentials have up to 24 months, after receiving authorization to sit for the examinations from the department, to take and pass the state and national examinations required under sub. (1).

(5) Successful completion of the state and national examinations required under sub. (1) is valid for a period not to exceed 24 months. An applicant who does not complete all requirements for a credential within 24 months after successful completion of the national examination shall do all of the following:

(a) Submit a new application for the appropriate credential.

(b) Pay the fees required under s. SPS 85.210 (1).

(7) A new applicant not currently licensed or certified and in good standing in another jurisdiction, shall have up to 24 months, after receiving authorization to sit for the examination, to take and pass an AQB approved qualifying examination for the credential as required by s. SPS 85.600 (1). Successful scores are valid for a period of 24 months.

History

Cr. Register, September, 1991, No. 429, eff. 10-1-91; emerg. am. (1) and (2), eff. 10-1-91; am. (1) and (2), Register, May, 1992, No. 437, eff. 6-1-92; am. Register, June, 1996, No. 486, eff. 7-1-96; CR 04-007: am. (1), cr. (4), (5) and (6) Register August 2004 No. 584, eff. 9-1-04; CR 06-033: am. (6) Register November 2006 No. 611, eff. 12-1-06; CR 10-135: am. (1), (6) Register August 2011 No. 668, eff. 9-1-11; correction in (5) (b), (6) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-016: SPS 85.600 renum. from SPS 82.01, am. (5) (b), r. (6), cr. (7) Register September 2014 No. 705, eff. 1-1-15; SPS 85.600 (title) renum. from 82.01 (title) under s. 13.92 (4) (b) 1. Register September 2014 No. 705; CR 18-104: am. (1) to (3) Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 85.610 Examination procedures {#sec-sps-85.610 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.610}

(1) An applicant may not practice any deception or fraud with respect to the applicant’s identity in connection with taking an examination.

(2) An applicant may not cheat or attempt to cheat on an examination, including any of the following:

(a) Giving or attempting to give examination questions or answers to examination questions to another person.

(b) Receiving or attempting to receive examination questions or answers to examination questions from another person.

(d) Failing to comply with additional written instructions provided at the time of examination relating to cheating other than those specified in pars. (a) to (c).

(4) Silent cordless calculators may be used by the applicant when taking the examination.

History

Cr. Register, September, 1991, No. 429, eff. 10-1-91; r. (1), renum. (2) and (3) to be (1) and (2) and r. and recr. (2) (d), Register, June, 1996, No. 486, eff. 7-1-96; am. (2) (intro.), (a), (b) and (c), Register, January, 1998, No. 505, eff. 2-1-98; CR 01-100: am. (1), Register February 2002 No. 554, eff. 3-1-02; CR 14-016: SPS 85.610 renum. from SPS 82.02 Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (1), (2) (intro.), (a), (b) Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 85.620 Reexamination {#sec-sps-85.620 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.620}

Upon payment of the required fee, an applicant may retake an examination.

History

Cr. Register, September, 1991, No. 429, eff. 10-1-91; CR 01-100: r. (2), renum. (1) to be RL 82.03, Register February 2002 No. 554, eff. 3-1-02; CR 14-016: renum. from SPS 82.03 Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § SPS 85.630 Claim of examination error {#sec-sps-85.630 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.630}

(1) To claim an error on the Wisconsin statutes and rules examination, an applicant shall file a written request with the department within 30 days of the date the applicant reviews the examination. The request shall include all of the following:

(a) The applicant’s name and address.

(b) The type of certificate for which the applicant applied.

(c) A description of the mistakes the applicant believes were made in the examination content, procedures, or scoring, including the specific questions or procedures claimed to be in error.

(d) The facts the applicant intends to prove, including citations to references or other supporting evidence for the applicant’s claim.

(2) The department shall make a determination as to the validity of the claim and notify the applicant in writing of the decision and any resulting score changes.

(3) If the decision does not result in a passing grade, the applicant may retake the examination.

History

Cr. Register, September, 1991, No. 429, eff. 10-1-91; emerg. am. (3), eff. 10-1-91; am. (3), Register, May, 1992, No. 437, eff. 6-1-92; am. (1) (intro.), (3), Register, June, 1996, No. 486, eff. 7-1-96; am. (1) (intro.), (a), (b) and (c), Register, January, 1998, No. 505, eff. 2-1-98; CR 14-016: SPS 85.630 renum. from SPS 82.04 Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (1) (d), (2) Register December 2019 No. 768, eff. 1-1-20.

Subchapter VII Experience

Wis. Admin. Code § SPS 85.700 Proof of Experience {#sec-sps-85.700 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.700}

(1) The work claimed under ss. SPS 85.310, 85.410, and 85.510 for appraisal experience credit shall be approved by the department and meet all of the following requirements:

(a) Be in compliance with the Uniform Standards of Professional Appraisal Practice in effect at the time the appraisals were prepared.

(b) Include one or more of the following types of appraisal experience:

Appraisal.
Appraisal review.
Appraisal consulting.
Mass appraisal.

(cm) For experience claimed under s. SPS 85.310, an applicant who has completed a Licensed Residential PAREA program may receive 33 percent of the required experience hours toward the certified general credential. For experience claimed under s. SPS 85.310, an applicant who has completed a Certified Residential PAREA program may receive 50 percent of the required experience hours toward the certified general credential. In both of these cases, these hours are not eligible toward the non-residential property experience hours required under s. SPS 85.330 (3).

(d) For experience claimed under s. SPS 85.410 or 85.510, include no more than 25 percent commercial appraisal experience.

(dg) For experience claimed under s. SPS 85.410, an applicant who has completed a Licensed Residential PAREA program may receive 67 percent of the required experience hours toward the certified residential credential. For experience claimed under s. SPS 85.410, an applicant who has completed a Certified Residential PAREA program may receive 100 percent of the required experience hours toward the certified residential credential.

(dr) For experience claimed under s. SPS 85.510, an applicant who has completed a Licensed Residential or Certified Residential PAREA program may receive 100 percent of the required experience hours toward the licensed appraiser credential.

(e) Include no more than 50 percent of appraisal experience gained for appraisal work performed without a client. Case studies or practicum courses that are approved by the AQB may be claimed to satisfy non-client experience. All non-client appraisal experience may be reviewed by the department for compliance with the USPAP.

(em) Notwithstanding par. (e), a PAREA program may be claimed as experience hours that are either non-client or with a client.

(f) Demonstrate the same level of proficiency in appraisal principles, techniques, and skills as that demonstrated by appraisers practicing under Standard 1 of the USPAP.

(2) All experience required under ss. SPS 85.310, 85.410, and 85.510 shall be acquired after January 30, 1989.

(3) An applicant applying for certification or licensure under s. SPS 85.310, 85.410, or 85.510 shall submit on forms provided by the department a roster of appraisal experience that contains all of the following:

(a) Type of property.

(b) The date of the report.

(d) A description of work performed by the applicant and scope of review and supervision of the supervising appraiser.

(e) The number of actual work hours by the applicant on the assignment.

(f) The signature and state certification number of the supervising appraiser, if applicable. Separate rosters shall be maintained for each supervising appraiser.

Note: Application forms may be obtained from the department’s website at http://dsps.wi.gov.

(4) Notwithstanding sub. (3), experience hours claimed from a PAREA program do not need to be included in a roster of appraisal experience submitted to the department when the experience hours are summarized within the coursework of the program. An applicant applying for certification or licensure under s. SPS 85.310, 85.410, or 85.510 who is using experience hours from a PAREA program shall submit to the department the certificate of completion from each PAREA program.

History

CR 14-016: (1), (2), (3) renum. from SPS 83.01 (3), (3m), (4); as renumbered, am. (1) (intro.), r. (1) (e), am. (2), consol. (3) (intro.), (b) into (3) (intro.) and am., r. (3) (c), cr. (title), (3) (a) to (f) Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (1) (intro.), (a), renum. (1) (b) to (1) (b) (intro.) and am., cr. (1) (b) 1. to 4., am. (1) (c) to (f), (2), (3) (intro.) Register December 2019 No. 768, eff. 1-1-20; CR 25-025: cr. (1) (cm), (dg), (dr), (em), (4) Register April 2026 No. 844, eff. 5-1-26.

Wis. Admin. Code § SPS 85.710 Verification of appraisal experience {#sec-sps-85.710 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.710}

For purposes of verifying appraisal experience claimed under this chapter, the department may require an applicant to submit any of the following:

(1) Business records, including tax records, which clearly demonstrate the practice of residential or commercial appraising claimed by the applicant.

(2) Employment records provided by an employer which verify the applicant’s experience as an appraiser or assessor. Employment records shall verify the number of hours employed, the type of experience, and a description of the applicant’s duties.

(3) Employment records provided by an official of a lending institution, insurance company, or similarly regulated agency, which verifies the applicant’s experience as a review appraiser.

(4) Copies of any appraisal listed in the documentation of experience required under s. SPS 85.700 (3). The department may contact any person listed on the application to obtain additional information about the experience of the applicant.

(5) Records of the department of revenue or a local governmental body that document the applicant’s experience as an assessor, including all of the following:

(a) A job description which identifies the job components relevant to practice as an assessor and the number of hours spent performing each component.

(b) Documents that demonstrate the applicant’s performance of the following components of the mass appraisal process in accordance with Standards 5 and 6 of the Uniform Standards of Professional Appraisal Practice:

Highest and best use study.
Model specification.
Model calibration.

(6) Any additional information the department deems necessary to evaluate the applicant’s experience.

History

Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. (2), (3), renum. (6) to be (7), cr. (6), Register, June, 1996, No. 486, eff. 7-1-96; CR 01-100: r. (2), renum. (3) to (7) to be (2) to (6) and am. (2) and (5) (b) (intro.), Register February 2002 No. 554, eff. 3-1-02; CR 06-033: am. (2) Register November 2006 No. 611, eff. 12-1-06; CR 10-135: cr. (7) Register August 2011 No. 668, eff. 9-1-11; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-016: SPS 85.710 renum. from SPS 83.02, am. (4), r. (7) Register September 2014 No. 705, eff. 1-1-15; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register September 2014 No. 705; CR 18-104: am. (5) (intro.), (b) (intro.) Register December 2019 No. 768, eff. 1-1-20.

Subchapter VIII Education

Wis. Admin. Code § SPS 85.800 Course approval {#sec-sps-85.800 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.800}

(1) Except as provided in sub. (9), all educational courses designed to meet the requirements in s. 458.06 (2) (d), (3) (b) or (4) (b), Stats., s. 458.08 (3) (c), Stats., and this chapter, shall be submitted to the department for approval.

Note: Information relating to course approval is available from the department’s website at http://dsps.wi.gov.

(2) Credit toward the course requirement may be granted only if the length of the educational course is at least 15 hours of instruction and the individual successfully completes an examination pertinent to that course.

(3) Credit may be granted for a distance education course that satisfies all requirements for a continuing education course established by the AQB that are in effect at the time the course is completed.

Note: The AQB may be contacted at info@appraisalfoundation.org, (202) 347-7722, or www.appraisalfoundation.org.

(4) Course instructors shall be approved by the department. An instructor whose appraiser certificate has been limited, suspended, or revoked may not instruct in approved courses while the disciplinary action is in effect. An approved instructor shall possess at least one of the following qualifications:

(a) Be an instructor of appraisal courses who teaches or has taught appraisal courses at an accredited college or university.

(b) Be a licensed or certified appraiser who has engaged in appraisal practice relevant to the subject matter being taught for at least 5 years.

(c) Be an instructor of assessor education courses who is approved by the department of revenue to teach assessor education programs that are relevant to appraisal practice.

(d) Be an instructor who teaches appraisal courses approved by the AQB.

(e) If applying to teach the 15-Hour National USPAP Course, or its equivalent, be a certified residential or general appraiser, and be certified by the AQB as an instructor to teach that course. Course equivalency shall be determined through the AQB course approval program or by an alternate method established by the AQB.

(f) Be an instructor who teaches an appraiser or assessor course approved by another state of the United States that is relevant to appraisal practice.

(g) Be an instructor who, in the judgment of the department, is qualified to teach course work that is relevant to appraisal practice.

(5) Credit may be granted for teaching an approved appraisal course.

(6) The course provider shall retain records of attendance of qualifying education programs for a period of 5 years that shall include all of the following:

(a) The name of the course.

(b) The date the course was offered.

(d) The number of hours of instruction in each required subject area.

(e) The examination results for each individual.

(7) The course provider shall monitor attendance by requiring each participant to sign an attendance sheet at the beginning and end of each program and shall furnish each participant with written evidence of having completed the course.

(8) The licensed and certified residential appraiser programs of study are expected to provide all appraisers with a foundation of knowledge. The courses that satisfy the requirements for appraiser licensure and residential appraiser certification may be acceptable towards satisfying the course work requirement for general appraiser certification.

(9) An appraisal course approved by the AQB shall be approved by the department without receipt of an application for course approval from the course provider.

(10) An appraisal course approved by another state or territory of the United States, which complies with the real property appraiser qualification criteria established by the AQB, shall be approved by the department without receipt of an application for course approval from the other state or territory.

(11) Credit awarded for the class hour requirement when a licensed appraiser seeks a certified appraiser certification, or a certified residential appraiser seeks a certified general appraiser certification, may also be awarded for the continuing education requirement of the license or certification held.

Note: A list of courses approved by the AQB is available from The Appraisal Foundation’s website at https://www.appraisalfoundation.org.

History

Cr. Register, September, 1991, No. 429, eff. 10-1-91; emerg. am. (1) and (6), eff. 10-1-91; am. (1) and (6), Register, May, 1992, No. 437, eff. 6-1-92; am. (1), renum. (6) to be (9), cr. (6) to (8), Register, April, 1994, No. 460, eff. 5-1-94; am. (6) (intro.), Register, June, 1996, No. 486, eff. 7-1-96; am. (6) (intro.), (a), (b), (c), (7) (a) and (9), Register, January, 1998, No. 505, eff. 2-1-98; am. (1) and (6) (intro.), cr. (7) (c) and (d) and (10), Register, January, 1999, No. 517, eff. 2-1-99; CR 01-100: am. (1), r. and recr. (6), cr. (7) (e), (7g), (9), (10), and (13), r. (8), renum. (9) and (10) to be (11) and (12), Register February 2002 No. 554, eff. 3-1-02; CR 02-067: cr. (6) (c), renum. (7g) to be (8), am. (11) Register November 2002 No. 563, eff. 12-1-02; CR 06-033: am. (1), (7) (b), (c), (9) (d), (e) and (12), r. (2), (5), (6) (a) to (c) and (13), renum. (6) (intro.) to be (6) and am., r. and recr. (7) (e) Register November 2006 No. 611, eff. 12-1-06; CR 10-135: am. (1), cr. (7) (f), (g), (13), (14) Register August 2011 No. 668, eff. 9-1-11; CR 14-016: SPS 85.800 renum. from section SPS 84.01; as renumbered, renum. (2) to (3), r. (4), renum. (6) to (14) to (3) to (11) and am. (4) (e) Register September 2014 No. 705, eff. 1-1-15; (title) renum. from 84.01 (title) and correction in numbering (10), (11) under s. 13.92 (4) (b) 1., Stats., and correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register September 2014 No. 705; CR 18-104: am. (3), (4) (intro.), (b), (d), (e), (9), (10) Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 85.820 Distance Education {#sec-sps-85.820 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.820}

A distance education course is acceptable to meet class hour requirements if all of the following occur:

(1) The course provides a reciprocal environment where the student has verbal or written interaction with the instructor.

(2) Except as provided under sub. (2m), the content for the distance education course has been approved by any of the following:

(a) The AQB.

(b) A state appraiser regulatory jurisdiction.

(2m) A non-academic credit college course provided by a college shall be approved by the AQB or a state appraiser regulatory jurisdiction.

(3) One of the following approves the course delivery:

(a) An AQB-approved organization providing approval of course design and delivery.

(b) An accredited college or university that offers distance education programs and awards academic credit for the distance education course.

(c) An accredited college or university with a distance education delivery program that approves the course design and delivery that incorporate interactivity.

(4) The course includes a written, closed-book final examination, proctored by an official approved by the college or university, or by the sponsoring organization. The examination may take place at a library, testing center, college, university, or junior college.

History

CR 14-016: cr. Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (1), (2) (intro.), (a), (c), r. (2) (d), (e), renum. (2) (f) to (2m) and am., am. (3) (a) to (c) Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 85.830 Approved providers {#sec-sps-85.830 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.830}

Credit for the class hour requirement under ss. SPS 85.320, 85.420, and 85.520 may be obtained only from the following providers:

(1) Colleges or universities.

(2) Community or junior colleges.

(3) Real estate appraisal or real estate related organizations.

(4) State or federal agencies or commissions.

(5) Proprietary schools.

(6) Providers approved by the state certification or licensing agencies.

(7) The Appraisal Foundation or its boards.

History

CR 14-016: cr. Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (7) Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 85.840 College degree acceptance {#sec-sps-85.840 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.840}

(1) Credit toward qualifying education requirements may be obtained by completion of a degree in real estate from an accredited, degree-granting college or university approved by the Association to Advance Collegiate Schools of Business, or a regional or national accreditation agency recognized by the U.S. department of education, provided that the college or university has had its curriculum reviewed and approved by the AQB.

(2) Education may not be substituted for experience, except for approved practicum courses under s. SPS 85.700 (1) (e).

History

CR 14-016: cr. Register September 2014 No. 705, eff. 1-1-15; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register September 2014 No. 705; CR 18-104: am. Register December 2019 No. 768, eff. 1-1-20.

Subchapter IX Continuing Education

Wis. Admin. Code § SPS 85.900 Continuing education {#sec-sps-85.900 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.900}

(1) Except as provided under sub. (1m), every certified and licensed appraiser shall complete at least 28 class hours of continuing education in each biennial renewal period, including successful completion of the 7-Hour National USPAP Update Course or its AQB-approved equivalent.

(1m) If an appraiser is initially licensed or certified within a biennial renewal period, the appraiser shall complete 14 class hours of continuing education for each remaining year or partial year of licensure or certification in that renewal period, including successful completion of the 7-Hour National USPAP Update Course or its AQB-approved equivalent.

(2) Continuing education class hours may be applied only to satisfy the continuing education requirements for the biennial renewal period in which the hours were acquired and may not be carried over to the next biennial renewal period. Credit for completing any given continuing education course shall be claimed only once during a biennial renewal period.

(3) To obtain credit for continuing education class hours, a licensed or certified appraiser shall sign a statement on the renewal application certifying completion, within the biennial renewal period immediately preceding the date on which the application is submitted, of continuing education approved by the department.

Note: Renewal applications are provided by the department prior to each renewal date.

(4) The number of hours of attendance at and completion of continuing education courses required under sub. (1) or (1m) shall be reduced by one hour for each hour the applicant attends a continuing education course meeting all of the following requirements:

(a) The course is completed during the biennial renewal period immediately preceding the date the application for renewal is submitted.

(b) The course is attended by the applicant in order to continue to qualify for employment as an assessor.

(c) The department determines the course is substantially equivalent to a continuing education course that is relevant to the category of license or certification to which the application pertains.

(5) Up to 14 class hours may be claimed for teaching continuing education courses that are approved under s. SPS 85.910. Credit for instructing any given continuing education course or seminar shall be claimed only once during a biennial renewal period.

(6) To audit for compliance, the department may require any certified or licensed appraiser to submit evidence of completion, during the preceding biennial renewal period, of continuing education that meets the requirements of this section. Every certified and licensed appraiser shall retain records of continuing education credits for at least 5 years.

History

Cr. Register, September, 1991, No. 429, eff. 10-1-91; emerg. am. (1), (3) to (5), eff. 10-1-91; am. (1), (3) to (5), Register, May, 1992, No. 437, eff. 6-1-92; renum. (5) to be (6), cr. (5), Register, April, 1994, No. 460, eff. 5-1-94; am. (4), Register, June, 1996, No. 486, eff. 7-1-96; am. (1), (2) and (5), r. (3), Register, January, 1998, No. 505, eff. 2-1-98; cr. (3), am. (1) and (6), Register, January, 1999, No. 517, eff. 2-1-99; CR 01-100: am. (4) and (5), Register February 2002 No. 554, eff. 3-1-02; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register February 2002 No. 554; CR 02-067: am. (1), cr. (1m) Register November 2002 No. 563, eff. 12-1-02; CR 04-007: am. (1) Register August 2004 No. 584, eff. 9-1-04; CR 06-033: am. (1), (1m), (2), (3) and (5) Register November 2006 No. 611, eff. 12-1-06; CR 10-135: am. (6) Register August 2011 No. 668, eff. 9-1-11; CR 14-016: SPS 85.900 renum. from SPS 85.01, am. (2), cr. (7) Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (1) to (3), renum. (4) to (4) (intro.) and am., cr. (4) (a) to (c), am. (5), (6), r. (7) Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 85.910 Approval of continuing education courses {#sec-sps-85.910 omnilex-key=us-wi-regs-official--agency-sps--SPS 85.910}

(1)

(a) Except as provided under sub. (10), to obtain approval of a continuing education course the course provider shall submit an application on forms provided by the department at least 45 days prior to the first date the course is offered. The application shall include all of the following:

The name, date, and location of the course.
A general description of the subject matter.
An outline of the content of the course, including time segments for each subject.
The name and qualifications of the course instructor.

(b) The department shall notify the course provider whether the course has been approved or denied within 20 business days from the date the application is received.

Note: Applications for course approval are available from the department’s website at http://dsps.wi.gov.

(2) A continuing education course shall relate to one or more real property related appraisal topics, including any of the following:

(a) Ad valorem taxation.

(b) Arbitration, dispute resolution.

(d) Development cost estimating.

(e) Ethics and standards of professional practice, USPAP.

(f) Land use planning, zoning.

(g) Real estate management, leasing, timesharing.

(h) Property development, partial interests.

(i) Real estate law, easements, and legal interests.

(j) Real estate litigation, damages, condemnation.

(k) Real estate financing and investment.

(L) Real estate appraisal related computer applications.

(m) Real estate securities and syndication.

(n) Developing opinions of real property value in appraisals that also include personal property of business value.

(o) Sell concessions and impact value.

(p) Energy efficient items and “green building” appraisals.

(3) The course shall be available to all certified and licensed appraisers regardless of membership in any organization.

(4) The course shall be at least 2 hours in length.

(5) The course provider shall monitor attendance by requiring each participant to sign an attendance sheet at the beginning and end of each course and shall furnish each participant with written evidence of having completed the course.

(6) Course providers may repeat a previously approved course without reapplication, provided that the subject matter and instructor have not changed.

(7)

(a) Credit may be granted for a distance education course that satisfies all requirements for a continuing education course established by the AQB that are in effect at the time the course is offered.

(b) A distance education course intended for use as continuing education shall include at least one of the following:

A written examination proctored by an official approved by the college or university, or by the sponsoring organization. Oral examinations are not acceptable.
Successful completion of prescribed course material required to demonstrate knowledge of the subject matter.

Note: Information concerning the course approval process established by the AQB is available at www.appraisalfoundation.org.

(8) Course instructors shall be approved by the department. An instructor whose appraiser certificate has been limited, suspended, or revoked may not instruct in approved courses while the disciplinary action is in effect. An approved instructor shall possess at least one of the following qualifications:

(a) Be an instructor of appraisal courses who teaches or has taught appraisal courses at an accredited college or university.

(b) Be a licensed or certified appraiser who practices in the aspects of appraising being taught such as, appraisal, appraisal review, appraisal consulting or mass appraisal, and who has engaged in the practice for at least 5 years.

(c) Be an instructor of assessor education courses who is approved by the department of revenue to teach continuing assessor education programs that are relevant to appraisal practice.

(d) Be an instructor who teaches appraisal courses approved by the AQB.

Note: Information concerning courses approved by the AQB is available at www.appraisalfoundation.org.

(e) If applying to teach the 7-Hour National USPAP Update Course or its equivalent, be a certified residential or general appraiser, and be certified by the AQB as an instructor to teach that course.

(f) Be an instructor who teaches an appraiser or assessor course approved by another state of the United States that is relevant to appraisal practice.

(g) Be an instructor who, in the judgment of the department, is qualified to teach course work that is relevant to appraisal practice.

(9) The course provider shall retain records of attendance of qualifying education programs for a period of 5 years. The records shall include all of the following:

(a) The name of the course.

(b) The date the course was offered.

(d) The number of hours of instruction.

(e) If administered, the examination results for each individual.

(10) An appraisal course approved by the AQB shall be approved by the department without receipt of an application for course approval from the course provider.

(11) An appraisal course approved by another state or territory of the United States, which complies with the real property appraiser qualification criteria established by the AQB, shall be approved by the department without receipt of an application for course approval from the other state or territory.

(12) Credit awarded for the classroom hour requirement when a licensed appraiser seeks a certified appraiser certification, or a certified residential appraiser seeks a certified general appraiser certification, may also be awarded for the continuing education requirement of the license or certification held.

Note: Information concerning courses approved by the AQB is available at www.appraisalfoundation.org.

History

Cr. Register, September, 1991, No. 429, eff. 10-1-91; emerg. am. (2) and (3), eff. 10-1-91; am. (2) and (3), Register, May, 1992, No. 437, eff. 6-1-92; renum. (7) to be (10), cr. (7) to (9), Register, April, 1994, No. 460, eff. 5-1-94; am. (2), (8) (intro.), (9) (a), cr. (9) (c), Register, June, 1996, No. 486, eff. 7-1-96; am. (8) (intro.), (a), (b), (c) and (9) (a), Register, January, 1998, No. 505, eff. 2-1-98; am. (1) and (8) (intro.), cr. (9) (d) and (11), Register, January, 1999, No. 517, eff. 2-1-99, eff. 2-1-99; CR 01-100: am. (1) to (4) and (6), r. and recr. (5) and (7), r. (8), renum. (9) to (11) to be (8) to (10) and am. (9), cr. (11), Register February 2002 No. 554, eff. 3-1-02; CR 02-067: cr. (7) (d) and (8) (e) Register November 2002 No. 563, eff. 12-1-02; CR 06-033: am. (1), (6), (8) (b), (c) and (10), renum. (2) and (7) (intro.) to be (2) (intro.) and (7) and am., cr. (2) (a) to (m), r. (7) (a) to (d) and (11), r. and recr. (8) (e), Register November 2006 No. 611, eff. 12-1-06; CR 10-135: cr. (8) (f), (g), (11), (12) Register August 2011 No. 668, eff. 9-1-11; CR 14-016: SPS 85.910 renum. from SPS 85.02, cr. (2) (n) to (p), cr. (7) (a) Register September 2014 No. 705, eff. 1-1-15; correction in numbering of (7) made under s. 13.92, (4) (b) 1., Stats., Register September 2014 No. 705; CR 18-104: renum. (1) to (1) (a) (intro.) and am., cr. (1) (a) 1. to 4., (b), am. (2) (intro.), (c), (7) (a), (b) (intro.), (8) (intro.), (d), (e), (9) (intro.), (10), (11) Register December 2019 No. 768, eff. 1-1-20.

Chapter SPS 86 RULES OF PROFESSIONAL CONDUCT

Wis. Admin. Code § SPS 86.01 Standards {#sec-sps-86.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 86.01}

(1) Certified and licensed appraisers shall comply with the standards of practice established by ch. 458, Stats., chs. SPS 85 and 86, and the Uniform Standards of Professional Appraisal Practice. A violation of any provision in this chapter may result in disciplinary action under s. 458.26, Stats.

(2) All appraisals performed in conjunction with federally related transactions and non-federally related transactions shall conform to the Uniform Standards of Professional Appraisal Practice in effect at the time the appraisals are performed.

(2a) No certified or licensed appraiser may sign any written appraisal report that was not prepared by the appraiser or under the appraiser’s supervision.

(3) A certified residential appraiser may not use the title “Wisconsin certified residential appraiser” or “WI certified residential appraiser” on any appraisal report or written appraisal agreement pertaining to commercial real estate having a transaction value of more than $500,000.

(4) A licensed appraiser who is not certified under s. 458.06, Stats., may not use the title “Wisconsin licensed appraiser” on any appraisal report or written agreement, except in conjunction with an appraisal performed within the scope of a licensed appraiser under s. SPS 85.500.

(5) Certified and licensed appraisers may not knowingly omit, understate, misrepresent, or conceal material facts in their appraisals.

(7) A certified or licensed appraiser shall avoid conflicts of interest. If a conflict arises, the certified or licensed appraiser shall immediately cease work on the appraisal and may not continue work on the appraisal without the written consent of the party who authorized the appraisal.

(8) All certified and licensed appraisers shall maintain records as required in s. 458.18, Stats. Such records shall be made available to the department, board, or agents of the department or board upon request for purposes of investigation, review, or audit.

(9) A certified or licensed appraiser may not solicit from or knowingly disclose to any person or entity the content of an examination for appraiser certification or licensure conducted under s. SPS 85.600.

(10) After a request for information made by the board, a certified or licensed appraiser shall cooperate in a timely manner with the board’s investigation of a complaint filed against the licensed or certified appraiser or of a complaint filed against an individual who practiced real estate appraising under the supervision of the licensed or certified appraiser. There is a rebuttable presumption that a licensed or certified appraiser who takes longer than 10 business days to respond to a request for information by the board has not acted in a timely manner under this subsection.

(11) All certified and licensed appraisers shall comply with Wisconsin and federal laws that substantially relate to the practice of real estate appraisal, including FIRREA, and all appraisal-related federal regulations promulgated by the federal financial institution regulatory agencies, as defined in s. SPS 85.120 (12).

(12) No certified or licensed appraiser may violate, or aid and abet the violation of any law, the circumstances of which substantially relate to the practice of a real estate appraiser.

(13) No certified or licensed appraiser may engage in conduct that reflects adversely on the appraiser’s fitness to practice, including engaging in any unprofessional or unethical conduct in the course of any real estate or appraisal transaction.

(14) A certified copy of any order, consent agreement, or similar document issued by the regulatory authority of another jurisdiction which finds a violation of any law or administrative rule administered by that regulatory authority by any person who is certified or licensed as an appraiser in this state shall constitute conduct reflecting adversely on the appraiser’s fitness to practice as a real estate appraiser in this state.

History

Cr. Register, September, 1991, No. 429, eff. 10-1-91; emerg. am. (1), (2), (4) to (7), eff. 10-1-91; am. (1), (2), (4) to (7), Register, May, 1992, No. 437, eff. 6-1-92; am. (3), renum. (4) to (7) to be (5) to (8), cr. (4), Register, April, 1994, No. 460, eff. 5-1-94; am. (8), cr. (9), Register, June, 1996, No. 486, eff. 7-1-96; am. (2), cr. (2a), Register, January, 1998, No. 505, eff. 2-1-98; am. (2), Register, January, 1999, No. 517, eff. 2-1-99; CR 01-100: am. (4), r. (6), cr. (10), Register February 2002 No. 554, eff. 3-1-02; CR 06-033: am. (1), (2), (4) and (10), cr. (11) Register November 2006 No. 611, eff. 12-1-06; CR 10-135: am. (10), (11), cr. (12), (13), (14) Register August 2011 No. 668, eff. 9-1-11; correction in (1), (4), (9), (11) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-016: am. (1), (4), (9), (11) Register September 2014 No. 705, eff. 1-1-15; correction in (11) made under s. 13.92 (4) (b) 7., Stats., Register September 2014; CR 18-104: am. (1) to (7), (9), (11), (13) Register December 2019 No. 768, eff. 1-1-20.

Wis. Admin. Code § SPS 86.02 Advertising {#sec-sps-86.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 86.02}

(1) Advertising by certified and licensed appraisers shall be truthful and may not deceive or mislead the public.

(2) A certified or licensed appraiser shall disclose the appraiser’s name as it is on file with the department in all advertising.

History

Cr. Register, September, 1991, No. 429, eff. 10-1-91; emerg. am. eff. 10-1-91; am. Register, May, 1992, No. 437, eff. 6-1-92; CR 01-100: am. (1), Register February 2002 No. 554, eff. 3-1-02.

Wis. Admin. Code § SPS 86.03 Use of certificate number and title {#sec-sps-86.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 86.03}

(1) Except as provided in subs. (2) and (3), each licensed and certified appraiser shall place his or her certificate number adjacent to or immediately below the title “Wisconsin certified general appraiser,” “Wisconsin certified residential appraiser,” or “Wisconsin licensed appraiser,” as appropriate, on each appraisal report and each written appraisal agreement used by the appraiser in conducting appraisal activities.

(2) An appraiser may use the following abbreviations when placing his or her title on a report or agreement in the manner specified in sub. (1):

(a) “Appraiser” may be written as “app” or “appr.”

(b) “Certified” may be written as “cer” or “cert.”

(d) “Licensed” may be written as “lic.”

(e) “Residential” may be written as “res.”

(f) “Wisconsin” may be written as “WI” or “Wis.”

(3) In lieu of placing a title on a report or agreement in the manner specified in sub. (1), an appraiser may place his or her certificate number adjacent to or immediately below the initials “WCGA,” “WCRA” or “WLA,” as appropriate, on a report or agreement, in any instance in which the appraiser determines it is impractical to comply with the requirement in sub. (1) because of space limitations on a report or agreement.

History

Cr. Register, April, 1994, No. 460, eff. 5-1-94; CR 18-104: am. (3) Register December 2019 No. 768, eff. 1-1-20.

Chapter SPS 87 CERTIFICATE RENEWAL

Wis. Admin. Code § SPS 87.01 Renewal of certificate {#sec-sps-87.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 87.01}

(1) Applications for renewal shall be submitted prior to the applicable renewal date specified under s. 440.08 (2) (a), Stats., on a form provided by the department, along with the renewal fee specified under s. 440.08 (2) (a) 11., 11m. and 12., Stats., as appropriate, and proof of completion of 28 hours of continuing education course work as required under s. 458.13, Stats.

(2) An appraiser granted a certificate of certification under s. 458.06 (3) or (4), 1989 Stats., may renew the certificate by satisfying the requirements in sub. (1) and by submitting evidence of completion of the educational course work required under ss. SPS 85.420 and 85.320, as appropriate.

(3) An appraiser granted a certificate of licensure under s. 458.08 (3), 1991 Stats., may renew the certificate by satisfying the requirements in sub. (1), and submitting evidence of completion of the experience or educational course work required under ss. SPS 85.510 and 85.520, as appropriate.

Note: An application for renewal may be obtained from the department’s website at http://dsps.wi.gov.

History

Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. (1), Register, January, 1999, No. 517, eff. 2-1-99; CR 01-100: am. Register, February 2002 No. 554, eff. 3-1-02; CR 06-033: am. Register November 2006 No. 611, eff. 12-1-06; correction in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-016: am. (2), (3) Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § SPS 87.02 Late renewal {#sec-sps-87.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 87.02}

An appraiser who fails to renew a certificate by the renewal date may renew or reinstate the certificate by submitting an application on a form provided by the department and satisfying one of the following requirements:

(1) If applying within 5 years after the renewal date, submitting all of the following:

(a) Verification of completion of the continuing education course work required in each biennial period under s. SPS 85.900.

(b) Verification of completion of the most recent edition, as of the date the application is filed, of the 7-Hour National USPAP Update Course or its AQB-approved equivalent.

(c) The renewal fee under s. 440.08 (2) (a) 11., 11m., or 12., Stats., and the late renewal fee under s. 440.08 (3), Stats.

(2) If applying more than 5 years after the renewal date, submitting all of the following:

(am) Verification of completion of the continuing education course work required in each biennial period under s. SPS 85.900.

(bm) Verification of completion of the most recent edition, as of the date the application is filed, of the 7-Hour National USPAP Update Course or its AQB-approved equivalent.

(cm) The renewal fee under s. 440.08 (2) (a) 11., 11m., or 12., Stats., and the late renewal fee under s. 440.08 (3), Stats.

(d) Verification of one or more of the following required by the department to ensure protection of the public health, safety, and welfare:

Successful completion of educational course work.
Successful completion of the examination on Wisconsin statutes and rules required under s. SPS 85.600 for appraiser licensure or certification.
Successful completion of the national appraiser examination required under s. SPS 85.600 for appraiser licensure or certification.

(e) If the applicant has unmet disciplinary requirements, or if the applicant’s certificate has been denied at renewal, revoked, or surrendered, verification of all of the following:

Completion of disciplinary requirements, if applicable.
Rehabilitation or change in circumstances warranting reinstatement of the certificate.

Note: An application for late renewal or reinstatement may be obtained from the department’s website at http://dsps.wi.gov.

History

Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. (2) (intro.), (a) and (b), Register, January, 1998, No. 505, eff. 2-1-98; am. (1) and (2) (intro.), Register, January, 1999, No. 517, eff. 2-1-99; CR 01-100: am. (intro.), (2) (intro.) and (a), Register February 2002 No. 554, eff. 3-1-02; CR 06-033: am. (1), (2) (intro.) and (b), cr. (2) (c) Register November 2006 No. 611, eff. 12-1-06; correction in (1), (2) (intro.), (b), (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-016: am. Register September 2014 No. 705, eff. 1-1-15; CR 18-104: am. (intro.), renum. (1) to (1) (intro.) and am., cr. (1) (a) to (c), am. (2) (intro.), renum. (2) (a) to (c) to (2) (d) 1. to 3., cr. (2) (am), (bm), (cm), (d) (intro.), (e) Register December 2019 No. 768, eff. 1-1-20.

Chapter SPS 88 REAL ESTATE APPRAISAL MANAGEMENT COMPANIES

Wis. Admin. Code § SPS 88.100 Definitions {#sec-sps-88.100 omnilex-key=us-wi-regs-official--agency-sps--SPS 88.100}

In this chapter:

(1) “Board” means the real estate appraisers board.

(2) “Department” means the department of safety and professional services.

History

EmR1912: emerg. cr., eff. 8-8-2019; CR 18-102: cr. Register April 2020 No. 772, eff. 5-1-20.

Wis. Admin. Code § SPS 88.110 Licensure {#sec-sps-88.110 omnilex-key=us-wi-regs-official--agency-sps--SPS 88.110}

The department shall issue a license to a real estate appraisal management company that does all of the following:

(1) Submits to the department an application that meets the requirements under s. 458.33 (1), Stats.

(2) Pays the initial credential fee required under s. 458.33 (2) (b), Stats.

(3) Demonstrates, to the satisfaction of the department, that the company is qualified to competently perform appraisal management services in compliance with all applicable state and federal laws.

Note: An application for licensure is available on the department’s website at dsps.wi.gov.

History

EmR1912: emerg. cr., eff. 8-8-2019; CR 18-102: cr. Register April 2020 No. 772, eff. 5-1-20; correction in (3) made under s. 35.17, Stats., Register April 2020.

Wis. Admin. Code § SPS 88.120 Unprofessional and unethical conduct {#sec-sps-88.120 omnilex-key=us-wi-regs-official--agency-sps--SPS 88.120}

For purposes of s. 458.44 (3) (b), Stats., unprofessional or unethical conduct of an applicant or licensed appraisal management company or a controlling individual of an applicant or licensed appraisal management company includes any of the following:

(1) Refusing upon request to comply in a timely manner with an audit of records under s. 458.39 (2), Stats. There is a rebuttable presumption that a real estate appraisal management company that takes longer than 10 business days to respond to a request by the department for records or other information related to an audit has not acted in a timely manner under this subsection.

(2) Knowingly providing false or misleading information in a notification under s. 458.43 (1) (a) or (b), Stats.

(3) Failing to reinstate an appraiser upon order of the department under s. 458.43 (2) (c), Stats.

(4) Refusing to assign appraisal services to, or otherwise penalizing or retaliating against, an appraiser who has been reinstated under s. 458.43 (2) (c), Stats.

(5) Willfully failing to file a report or record required by the department or under state or federal law, willfully impeding or obstructing the filing of such a report or record or inducing another person to impede or obstruct such filing by another person, or making or filing such a report or record that is known to be false.

(6) Making a false or misleading representation concerning the results of an appraisal.

(7) Obtaining or attempting to obtain compensation for appraisal management services by fraud, including billing for services not rendered.

(8) Revealing confidential information concerning an appraiser or client without consent, except as required or authorized by law.

(9) Failing to notify the department in writing within 30 days of any disciplinary action against a license or other credential to act as a real estate appraisal management company in any jurisdiction.

(10) Failing to notify the department in writing of the date, place, and nature of a felony or misdemeanor conviction or finding in any jurisdiction within 48 hours after the entry of the felony or misdemeanor judgement or conviction.

(11) Failing to cooperate in a timely manner with an investigation of a complaint filed against the real estate appraisal management company. There is a rebuttable presumption that a real estate appraisal management company that takes longer than 10 business days to respond to a request by the board or department for information related to a complaint has not acted in a timely manner under this subsection.

(12) Having a license or other credential to act as a real estate appraisal management company in any state denied, refused, canceled, revoked, or surrendered in lieu of revocation, unless the license or other credential was later granted or reinstated.

(13) Any other act that demonstrates to the department a lack of good moral character.

History

EmR1912: emerg. cr., eff. 8-8-2019; CR 18-102: cr. Register April 2020 No. 772, eff. 5-1-20.

Chapter SPS 120 AUTHORITY AND DEFINITIONS

Wis. Admin. Code § SPS 120.01 Authority {#sec-sps-120.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 120.01}

The rules in this chapter are adopted under authority of s. 227.11 (2), Stats., and ch. 480, Stats.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 120.02 Definitions {#sec-sps-120.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 120.02}

As used in chs. SPS 120 to 128:

(1) “Absolute auction” means an auction in which:

(a) The goods or real estate are sold to the highest bidder.

(b) No minimum price will limit the bid.

(d) The seller may not nullify the sale by bidding themselves directly or through an agent.

Note: An “absolute auction” is also known as an “auction without reserve”. The department will construe written statements of an auctioneer or auction company in advertising or in other written materials relating to an auction, such as “everything will be sold” or “everything goes,” as being indicative of the auctioneer’s intent to conduct an absolute auction.

(1m) “Auction” has the meaning given in s. 480.01 (1), Stats., and includes services provided through a website or interactive computer service if an auctioneer, as defined in s. 480.01 (4), Stats., conducts the auction.

(2) “Auction with reserve” means an auction where the seller or his or her agent reserves the right to establish a minimum bid, to accept or reject any and all bids or to withdraw the goods or real estate from sale at any time prior to the announcement of the completion of the sale by the auctioneer.

(3) “Board” means the auctioneer board.

(4) “Buyer’s fee or surcharge” means an amount of money, usually based on a percentage of the successful bid, charged to the successful bidder and either added to the successful bid to determine the final selling price or paid separately by the successful bidder in addition to the successful bid.

(5) “Consignor” means the owner or representative of the owner who places goods or real estate with a registrant for sale at auction.

(6) “Department” means the department of safety and professional services.

(7) “False bid” means a non-existent bid acknowledged by an auctioneer in an attempt to escalate bidding.

(8) “Minimum bid” means the lowest acceptable price at which the seller agrees to complete the sale.

(9) “Registrant” means a person registered as an auctioneer or auction company by the department.

(10) “Shill” means an employee or agent of the registrant who bids against legitimate bidders at an auction to escalate bidding.

(11) “State registration number” means the number issued to a registrant by the department, as indicated upon the certificate of registration.

(12) ‘‘Trade name” means a name other than the name appearing on an auctioneer’s or auction company’s registration certificate, under which an auctioneer or an auction company advertises or does business.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. Register, November, 1996, No. 491, eff. 12-1-96; am. (4) and cr. (12), Register, July, 1999, No. 523, eff. 8-1-99; correction in (intro.), (6) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671; CR 25-030: am. (1) (d), cr. (1m) Register April 2026 No. 844, eff. 5-1-26; correction in (1m) made under s. 35.17, Stats., Register April 2026 No. 844.

Chapter SPS 121 APPLICATIONS

Wis. Admin. Code § SPS 121.01 Authority {#sec-sps-121.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 121.01}

The rules in this chapter are adopted pursuant to ss. 227.11 (2), 440.03, 440.05, 440.08, 480.06, 480.08 and 480.10, Stats.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 121.02 Initial registration {#sec-sps-121.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 121.02}

(1) Auctioneer. The department may register as an auctioneer an applicant who satisfies the requirements in s. 480.08 (2) or (2m), Stats. The department shall consider s. 480.08 (2) (d), Stats., as having been satisfied, if the applicant has either received a seller’s permit from the department of revenue under s. 77.52 (9), Stats., or the applicant is not required to have a seller’s permit and is, therefore, not eligible to obtain a permit.

(2) Auction company. The department may register as an auction company an applicant who satisfies the requirements in s. 480.08 (3), Stats. The department shall consider s. 480.08 (3) (d), Stats., as having been satisfied, if the applicant has either received a seller’s permit from the department of revenue under s. 77.52 (9), Stats., or the applicant has determined that it is not required to have a seller’s permit and is, therefore, not eligible to obtain a permit. An auction company is not required to have any of its officers, partners or directors registered as an auctioneer unless such officers, partners or directors engage in acts specified in s. 480.08 (1) (a), Stats.

Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; CR 25-030: am. (1) Register April 2026 No. 844, eff. 5-1-26.

Wis. Admin. Code § SPS 121.025 Temporary registration {#sec-sps-121.025 omnilex-key=us-wi-regs-official--agency-sps--SPS 121.025}

A temporary registration certificate issued under s. 480.08 (7), Stats., shall be valid for no more than 60 days after the date that the applicant has filed an application for registration as an auctioneer with the department.

History

Cr. Register, January, 2001, No. 541, eff. 2-1-01.

The application of a nonresident person for registration as an auctioneer or auction company constitutes the appointment of the secretary of the department as the applicant’s agent upon whom process may be served in any action or proceeding against the applicant arising out of a transaction or operation connected with or incidental to the business of an auctioneer or auction company.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 121.035 Reciprocal credentials for service members, former service members, and their spouses {#sec-sps-121.035 omnilex-key=us-wi-regs-official--agency-sps--SPS 121.035}

The department shall grant a reciprocal credential under this chapter to a service member, former service member, or the spouse of a service member or former service member who the board determines meets all of the requirements under s. 440.09, Stats. Subject to s. 440.09 (2m), Stats., the board may request verification necessary to make a determination under this section.

Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

Note: Section 480.12, Stats., contains requirements for general reciprocity.

History

CR 22-047: cr. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § SPS 121.04 Renewal of registration {#sec-sps-121.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 121.04}

(1) Auctioneer.

(a) Except as provided in s. SPS 121.05, the department shall renew the credential of an auctioneer who files a completed application for renewal of registration before the renewal date, as defined in s. 440.01 (1) (dm), Stats., if all of the following conditions are satisfied:

The applicant has paid the renewal fee specified in s. 440.08 (2) (a) 14r., Stats.
The applicant continues to meet the registration criteria in s. 480.08 (2) (a) to (d), Stats.

(b) Except as provided in s. SPS 121.05, the department shall renew the credential of an auctioneer who files a completed application for renewal of registration after the renewal date, as defined in s. 440.01 (1) (dm), Stats., but less than 5 years after the renewal date, if all of the following conditions are satisfied:

The applicant has paid the renewal fee specified in s. 440.08 (2) (a) 14r., Stats., and the late renewal fee specified in s. 440.08 (3), Stats.
The applicant continues to meet the registration criteria in s. 480.08 (2) (a) to (d), Stats.

(c) The department shall renew the credential of an auctioneer who files a completed application for renewal of registration 5 years or more after the renewal date, as defined in s. 440.01 (1) (dm), Stats., if the following conditions are satisfied:

The applicant has paid the renewal fee specified in s. 440.08 (2) (a) 14r., Stats., and the late renewal fee specified in s. 440.08 (3), Stats.
The applicant continues to meet the registration criteria in s. 480.08 (2) (a) to (d), Stats.
The applicant has taken and passed the registration examination within one year prior to the date of the application for renewal of registration.

(2) Auction company.

(a) Except as provided in s. SPS 121.05, the department shall renew the credential of an auction company which files a completed application for renewal of registration before the renewal date, as defined in s. 440.01 (1) (dm), Stats., if all of the following conditions are satisfied:

The applicant has paid the renewal fee specified in s. 440.08 (2) (a) 14g., Stats.
The applicant continues to meet the registration criteria in s. 480.08 (3) (a) to (d), Stats.

(b) Except as provided in s. SPS 121.05, the department shall renew the credential of an auction company which files a completed application for renewal of registration at any time after the renewal date, as defined in s. 440.01 (1) (dm), Stats., if all of the following conditions are satisfied:

The applicant has paid the renewal fee specified in s. 440.08 (2) (a) 14g., Stats., and the late renewal fee specified in s. 440.08 (3), Stats.
The applicant continues to meet the registration criteria in s. 480.08 (3) (a) to (d), Stats.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (c) 3., Register, July, 1999, No. 523, eff. 8-1-99; correction in (1) (a) (intro.), (b) (intro.), (2) (a) (intro.), (b) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 121.05 Cause for denial of registration {#sec-sps-121.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 121.05}

The department may deny an application for registration as an auctioneer or auction company submitted by a person or entity who or which has committed fraud or misrepresentation in the application or who or which has done any acts which are grounds for discipline under s. 480.24, Stats.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 121.06 Change of name {#sec-sps-121.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 121.06}

If the name of a registered auctioneer or auction company appearing on the current registration certificate changes, written notice of the name change shall be sent to the department within 30 days after the name change.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 121.07 Use of trade name {#sec-sps-121.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 121.07}

A registered auctioneer or auction company, before doing business under any trade name, shall notify the department in writing of the trade name.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; r. (1) and renum. (2) to be RL 121.07, Register, July, 1999, No. 523, eff. 8-1-99.

Chapter SPS 122 EXAMINATIONS

Wis. Admin. Code § SPS 122.01 Authority {#sec-sps-122.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 122.01}

The rules in this chapter are adopted pursuant to ss. 227.11 (2), 480.06, 480.08 (2) (e) and (2m), and 480.10, Stats.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 122.02 Public notice {#sec-sps-122.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 122.02}

The department shall prepare an examination application form and informational materials which list the examination dates which have been scheduled by the department for no less than the 6 months following publication.

Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 122.03 Subjects tested {#sec-sps-122.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 122.03}

The department shall prepare examinations as required under s. 480.10, Stats. The examination shall be a written examination that tests the applicant’s knowledge or competence in all of the following areas:

(1) Solicitation.

(2) Contracts.

(3) Pre-auction preparation.

(4) Conducting an auction.

(5) Closing and sales records.

(6) Statutes and administrative rules substantially related to conducting an auction.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 122.04 Cheating on examination {#sec-sps-122.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 122.04}

An applicant may not give or receive unauthorized assistance during the examination, improperly remove notes, examination questions or secure documents from the examination setting, sell or distribute actual examination questions from the examination, buy or obtain unauthorized access to examination questions, or otherwise violate the published rules of conduct of the examination.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. Register, July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § SPS 122.05 Passing score {#sec-sps-122.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 122.05}

The score required to pass the examination shall be based on the department’s determination of the level of examination performance required for minimum acceptable competence in the profession. The department shall make the determination after consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and shall set the passing score for the examination at that point which represents minimum acceptable competence in the profession.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 122.06 Examination review {#sec-sps-122.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 122.06}

(1) An applicant who fails the examination may request a review of that examination by filing a written request to the department within 30 days after the date on which the examination results were mailed to the applicant.

(2) An examination review shall be conducted under the following 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.

(d) Any comments or claims of error regarding specific questions or procedures in the examination may be placed in writing by the applicant on the form provided for this purpose. The request shall be reviewed by the department in consultation with a subject matter expert. The applicant shall be notified in writing of the department’s decision. If the decision does not result in a passing grade, the applicant may retake the examination.

(e) An applicant shall be permitted only one review of the failed examination each time it is taken and failed.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 122.07 Claim of examination error {#sec-sps-122.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 122.07}

(1) An applicant wishing to claim examination error must file a written request for department review in the department office within 30 days after the date the examination was reviewed. The request shall include:

(a) The applicant’s name and address.

(b) The type of registration applied for.

(c) A description of the perceived error, including reference text citations or other supporting evidence for the applicant’s claim.

(2) The request shall be reviewed by the department in consultation with a subject matter expert. The applicant shall be notified in writing of the department’s decision. If the decision does not result in a passing grade, the applicant may retake the examination.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 122.08 Examination retakes {#sec-sps-122.08 omnilex-key=us-wi-regs-official--agency-sps--SPS 122.08}

(1) There is no limit to the number of times any applicant may retake the examination.

(2) An applicant who passes the examination and remains unregistered for one year or more after the date of the examination shall again take and pass the examination before being registered.

(3) An applicant who reviews an examination pursuant to s. SPS 122.06 may not retake the examination within 30 days after the date on which the examination was reviewed.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Chapter SPS 123 ADVERTISING

Wis. Admin. Code § SPS 123.01 Authority {#sec-sps-123.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 123.01}

The rules in this chapter are adopted under authority of ss. 227.11 (2), 480.06, 480.20 and 480.24 (2) (d), Stats.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 123.02 False advertising {#sec-sps-123.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 123.02}

No registrant may advertise in a manner which is false, deceptive or misleading.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 123.03 Contents of advertising {#sec-sps-123.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 123.03}

All advertisements that an auction will be conducted shall contain the following information:

(1) The name or trade name of an auctioneer responsible for the auction conducted pursuant to the contract required under s. 480.14 (1), Stats., and the name or trade name of any auction company that is managing the auction.

(2) A statement that the auctioneer is a ‘registered Wisconsin auctioneer’ and the state registration number of the auctioneer.

(3) A statement of the terms and conditions under which the registrant will accept payment by buyers at the auction.

(4) The percentage or other amount of any buyer’s fee or surcharge which is a condition to sale.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; r. and recr., Register, July, 1999, No. 523, eff. 8-1-99.

Chapter SPS 124 WRITTEN CONTRACTS

Wis. Admin. Code § SPS 124.01 Authority {#sec-sps-124.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 124.01}

The rules in this chapter are adopted under authority in ss. 227.11 (2), 480.06 and 480.14, Stats.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 124.02 Written contracts; terms {#sec-sps-124.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 124.02}

No auctioneer may conduct an auction unless the auctioneer or the auction company that is managing the auction has entered into a prior written contract with each owner or consignor of goods or real estate that may be sold at the auction. The contract shall specify the terms and conditions upon which the auctioneer or auction company accepts the goods or real estate for sale and must contain:

(1) The registrant’s name, trade or business name, state registration number, business address and business telephone number.

(2) The name and address of the owner or consignor.

(3) A general description of the property to be sold at auction, any restrictions relating to conducting the auction and a statement indicating whether the registrant is authorized to purchase at the auction.

(4) A description of the services to be provided and the consideration for the services. The description must state which party is responsible for advertising and other expenses.

(5) A statement of whether a buyer’s fee or surcharge will be assessed and, if so, the percentage or other amount to be charged to the successful bidder.

(6) The date, dates or time period during which the items will be sold at auction.

(7) A statement by the seller that the seller has title and right to sell all property to be sold at auction free of encumbrances and liens; or, if some or all of the property to be sold is subject to encumbrances or liens, a specific itemization of such property.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. (5), Register, July, 1999, No. 523, eff. 8-1-99; CR 25-030: am. (7) Register April 2026 No. 844, eff. 5-1-26.

Wis. Admin. Code § SPS 124.03 Written contracts; copies {#sec-sps-124.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 124.03}

An auctioneer or auction company shall give the owner or consignor a legible copy of the contract referred to in s. SPS 124.02 at the time of signing.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Chapter SPS 125 MAINTENANCE OF RECORDS

Wis. Admin. Code § SPS 125.01 Authority {#sec-sps-125.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 125.01}

The rules in this chapter are adopted pursuant to ss. 227.11 (2), 480.06, 480.14, 480.16 and 480.18, Stats.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 125.02 Definition {#sec-sps-125.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 125.02}

In this chapter, “trust funds” means cash, checks, share drafts, drafts or notes received by an auctioneer or an auction company on behalf of any other person while acting as an auctioneer or auction company for an auction of goods. “Trust funds” does not include proceeds received by an auctioneer or an auction company on behalf of any other person pursuant to an auction in which the written contract under s. 480.14, Stats., requires the registrant to pay the owner or consignor within 24 hours after the auction.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. Register, July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § SPS 125.025 Use of computers {#sec-sps-125.025 omnilex-key=us-wi-regs-official--agency-sps--SPS 125.025}

An auctioneer or an auction company may maintain any records required by this chapter in a computerized system, provided that:

(1) A backup copy of the bookkeeping records is made on any day on which entries are made in the computerized bookkeeping system. The backup copy shall be made on a disk or other medium which is separate and distinct from that on which the source documents reside.

(2) All records which are not maintained as written paper records are capable of being immediately converted to written paper records and immediately made available without charge to the department for the purposes of department audit or investigation.

History

Renum. from RL 125.12 and am. (intro.), Register, July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § SPS 125.03 Account summary sheet for registrants not maintaining a trust account {#sec-sps-125.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 125.03}

An auctioneer or auction company that is not required to maintain a trust account shall maintain an account summary sheet which shows the receipts, deposits, expenses and disbursements of each individual auction.

Note: This provision applies only to registrants not required to maintain a trust account. Registrants for whom a trust account is required must use the trust account bookkeeping system described in s. SPS 125.12.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; r. and recr., Register, July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § SPS 125.035 Trust account required {#sec-sps-125.035 omnilex-key=us-wi-regs-official--agency-sps--SPS 125.035}

An auctioneer or auction company shall maintain a trust account when the registrant receives and holds auction funds which are not disbursed to the owner or consignor under a written contract under s. 480.14, Stats., within 24 hours after the auction.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § SPS 125.04 Type of account {#sec-sps-125.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 125.04}

An auctioneer or auction company may place trust funds in an interest-bearing or non-interest-bearing account, provided that none of the interest inures to the benefit of the auctioneer or auction company.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 125.05 Time of trust account deposit {#sec-sps-125.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 125.05}

An auctioneer or auction company shall deposit trust funds in a trust account within 48 hours after receipt by the auctioneer or auction company.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 125.06 Opening and closing trust accounts {#sec-sps-125.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 125.06}

(1) The department may not require an auctioneer or auction company to open a trust account before the auctioneer or auction company receives trust funds which must be deposited, unless the department finds, in a specific case, that an earlier opening of an account is needed in order to assure compliance with this chapter.

(2) An auctioneer or auction company may close a trust account when no trust funds remain in the auctioneer’s or auction company’s possession.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 125.07 Trust account designation {#sec-sps-125.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 125.07}

An auctioneer or auction company shall:

(1) Include the words “trust account” in the name of the trust account maintained by the auctioneer or auction company.

(2) Imprint the name of the auctioneer or auction company on the trust account checks, share drafts or drafts.

(3) Designate the account with the name appearing on the auctioneer’s or auction company’s registration certificate or with a trade name submitted to the department under s. SPS 121.07.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 125.08 Notification of the department regarding trust account {#sec-sps-125.08 omnilex-key=us-wi-regs-official--agency-sps--SPS 125.08}

(1) An auctioneer or an auction company shall provide the department with the name and number of every trust account maintained by the auctioneer or auction company and the name of the depository institution in which the auctioneer or auction company holds each trust account. The auctioneer or auction company shall provide this notification to the department on a form prepared by the department no later than 10 days after opening a trust account. The auctioneer or auction company shall authorize representatives of the department to examine and audit all of the auctioneer’s or auction company’s trust accounts.

(2) An auctioneer or an auction company shall obtain the certification of every depository institution in which the auctioneer or auction company maintains a trust account, in which the depository institution attests to the existence of the account and consents to the examination and audit of the account by a duly authorized representative of the department.

Note: A Consent to Examine and Audit Auctioneer Trust Account form can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

(3) An auctioneer or auction company shall notify the department no later than 10 days after a change has been made to an auction trust account name, auction trust account number or depository institution name. The notification shall be provided on a form prepared by the department.

Note: Forms can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

(4) An auctioneer or auction company shall notify the department no later than 10 days after an auction trust account has been closed. This notification shall be made in written correspondence to the department.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; cr. (3) and (4), Register, July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § SPS 125.09 Withdrawal of trust funds {#sec-sps-125.09 omnilex-key=us-wi-regs-official--agency-sps--SPS 125.09}

An auctioneer or auction company shall withdraw funds to reimburse the auctioneer or auction company for expenses incurred and commissions and fees earned by the auctioneer or auction company within the 30 days specified in s. 480.14 (3), Stats., or as otherwise provided by the terms of a contract.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 125.10 Commingling prohibited {#sec-sps-125.10 omnilex-key=us-wi-regs-official--agency-sps--SPS 125.10}

(1) Except as provided in subs. (2) and (3), an auctioneer or an auction company may not commingle the auctioneer’s or auction company’s personal or company funds which are not trust funds in a trust account maintained pursuant to this chapter.

(2) An auctioneer or auction company may place personal or company funds in a trust account under the following conditions:

(a) Funds equal to the amount of any checks received by the auctioneer or auction company on behalf of an owner or consignor when such funds are deposited by the auctioneer to cover potential or actual “non-sufficient funds” checks received from purchasers.

(b) Funds sufficient to cover service charges relating to the trust account.

(3) An auctioneer or an auction company shall deposit additional personal or other funds in the trust account within 10 business days following receipt of a statement or other notification from a depository institution that the trust account is overdrawn.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 125.12 Trust account bookkeeping system {#sec-sps-125.12 omnilex-key=us-wi-regs-official--agency-sps--SPS 125.12}

An auctioneer or an auction company required to maintain a trust account shall maintain a bookkeeping system that enables the auctioneer or auction company to adequately account for all trust funds in a trust account, to maintain an accurate and sufficient balance in the account and to account for all trust funds received from specified buyers and paid to specified sellers for specified purchases. The bookkeeping system shall consist of at least the following:

(1) Check register. An auctioneer or an auction company shall maintain a record regarding a trust account, called a check register, which shall show the date, the payee, the number of the check, share draft or draft and the amount.

(2) Bank reconciliation. An auctioneer or an auction company shall reconcile the trust account in writing each month unless there has been no activity during the month. The written reconciliation shall include all of the following:

(a) The ending bank statement balance.

(b) The date and amounts of the deposits in transit.

(d) The resulting reconciled bank statement ending balance.

(3) Validation. The auctioneer or auction company shall review the reconciled bank statement ending balance, the account summary sheets described in sub. (4), and the check register to ensure that all of the records are accurate and in agreement as of the date the trust account statement has been reconciled.

(4) Account summary sheet. An auctioneer or auction company shall maintain a record regarding a trust account, called an account summary sheet, which shows the receipts, deposits, expenses and disbursements as they affect each individual auction.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; renum. from RL 125.11, am. (intro.), cr. (1) to (4), Register, July, 1999, No. 523, eff. 8-1-99.

Chapter SPS 126 CONDUCT

Wis. Admin. Code § SPS 126.01 Authority {#sec-sps-126.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 126.01}

The rules in this chapter are adopted under authority in ss. 227.11 (2), 480.06 and 480.24 (2) (b), Stats.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95.

Wis. Admin. Code § SPS 126.02 Unprofessional conduct {#sec-sps-126.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 126.02}

Conduct evidencing a lack of knowledge or ability to apply professional principles or skills, within the meaning of s. 480.24 (2) (b), Stats., includes, but is not limited to, engaging in or aiding or abetting the following conduct:

(1) Performing or offering to perform services for which the registrant is not qualified by education, training or experience.

(2) Violating a law or rule of any jurisdiction, the circumstances of which substantially relate to the practice under the registration.

(3) Advertising an auction as an absolute auction if any item or items are to be sold with reserve or with minimum bids.

(4) Engaging in false, fraudulent, deceptive or misleading billing practices.

(5) Obtaining or attempting to obtain compensation by fraud or deceit.

(6) Reporting distorted, false or misleading information or making false statements in practice.

(7) Discriminating on the basis of age, race, color, sex, religion, creed, national origin, ancestry, disability or sexual orientation by means of service provided or denied.

(8) Knowingly escalating or attempting to escalate bidding through false bids, shills or through collusion with another.

(9) Violating or attempting to violate any formal disciplinary order of the auctioneer board.

(10) Knowingly providing false information to the board, the department or their agents.

(11) Cheating on the registration examination contrary to s. SPS 122.04.

(12) Failing to post written notice at the location where the auction is to be conducted, prior to the commencement of an auction, of the terms and conditions under which the registrant will accept payment by buyers.

(13) If a buyer’s fee or surcharge is a condition of sale, failing to post written notice at the location where the auction is to be conducted, prior to the commencement of an auction, of the percentage or other amount of the buyer’s fee or surcharge.

History

Cr. Register, June, 1995, No. 474, eff. 7-1-95; cr. (11), (12) and (13), Register, July, 1999, No. 523, eff. 8-1-99; am. (13), Register, January, 2001, No. 541, eff. 2-1-01; correction in (11) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 126.03 Effect of suspension or revocation on registrant {#sec-sps-126.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 126.03}

(1) An auctioneer or auction company whose registration has been suspended or revoked shall notify all persons with whom the auctioneer or auction company has a contract for services to be performed during the period of suspension or following revocation. The notice shall be in writing, state that the registration of the auctioneer or auction company has been suspended or revoked, and describe the terms of the suspension or revocation.

(2) An auctioneer or auction company whose registration has been suspended or revoked by the board may not engage in the following activities during the term of the suspension or revocation:

(a) Call an auction by calling for, recognizing, or accepting offers for the purchase of goods or real estate at an auction.

(b) Advertise, represent or otherwise hold out as being available to call or manage an auction.

(c) Advertise, represent or otherwise hold out as being an auctioneer or auction company or use the title “auctioneer,” “registered auctioneer,” “certified auctioneer,” “licensed auctioneer,” “auction company,” “auction sales staff,” “auction team member” or any similar title.

(d) Solicit, negotiate or enter into any auction contract, auction listing, auction consignment, or related auction agreement, including assisting or aiding another registrant to perform auction-related duties.

(e) Perform, manage or supervise any of the following:

Call for bids at any type of auction, including auctions under s. 480.02 (2) (a) to (h), Stats.
Oversee, in any manner, the conducting of any auction.
Accept any form of referral fee, finder’s fee, commission, commission sharing or splitting, or related compensation from any auctioneer, auction company, or auctioneer-related professional.
Participate in any form of auctioneer-related bid-calling.
Suggest or imply to the public, privately or through advertising, that the auctioneer or auction company is able to perform any of the activities in subds. 1. to 4.

(3) An auctioneer or auction company may not employ, retain or otherwise utilize an auctioneer or auction company whose registration has been suspended or revoked to perform any auction-related activity described in sub. (2). This section does not prohibit an auctioneer or auction company from contracting to perform services that an auctioneer or auction company is unable to perform because of a registration suspension or revocation and which the auctioneer or auction company contracted to perform prior to the license suspension or revocation.

History

Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 25-030: am. (2) (e) 5. Register April 2026 No. 844, eff. 5-1-26.

Chapter SPS 127 SALE OF REAL ESTATE AT AUCTION

Wis. Admin. Code § SPS 127.01 Authority {#sec-sps-127.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 127.01}

The rules in this chapter are adopted under authority in ss. 227.11 (2), 480.01, 480.14 and 480.16, Stats.

History

Cr. Register, June, 1996, No. 486, eff. 7-1-96.

Wis. Admin. Code § SPS 127.02 Auction of real estate {#sec-sps-127.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 127.02}

(1) Auctioneer. An auctioneer may engage in, or advertise or otherwise hold himself or herself out as being available to engage in, the calling for and the recognition and acceptance of offers for the purchase of real estate at an auction, and may handle sales proceeds, down payments, earnest money deposits or other trust funds received by the auctioneer on behalf of the auctioneer’s principal or any other person at or as a result of an auction of real estate.

(2) Auction company. An auction company may manage an auction of real estate and may have primary responsibility for handling sales proceeds, down payments, earnest money deposits or other trust funds received by the auction company on behalf of the auction company’s principal or any other person at or as a result of an auction of real estate.

History

Cr. Register, June, 1996, No. 486, eff. 7-1-96.

Wis. Admin. Code § SPS 127.03 Limitations {#sec-sps-127.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 127.03}

(1) Registrant licensed as a real estate broker or salesperson. A registrant who is licensed as a real estate broker and who conducts an auction of real estate listed for sale with the registrant, or a registrant who is licensed as a real estate broker or salesperson and who conducts an auction of real estate listed for sale with the registrant’s real estate broker-employer, may prepare contracts or other documents necessary to transfer title to the real estate or conduct any other activities requiring a real estate license under ch. 452, Stats., and chs. REEB 11 to 25.

(2) Registrant not licensed as a real estate broker or salesperson.

(a) A registrant who is not licensed as a real estate broker or salesperson may, in connection with an auction of real estate:

Distribute written information describing real estate or the condition of the real estate to be auctioned, if the information has been made available by the owner of the real estate or a real estate licensee.
Provide access to real estate for the purpose of permitting prospective buyers to view the real estate.
Conduct inquiries in person, by telephone or by other media to determine whether the person being contacted is interested in bidding upon the real estate to be auctioned.
Perform other tasks relating to conducting an auction which do not require a real estate license under ch. 452, Stats.

(b) A registrant who is not licensed as a real estate broker or salesperson may not perform activities which require a real estate license under ch. 452, Stats., including but not limited to:

Preparing any contracts or other documents necessary to transfer title to real estate.
Distributing to prospective buyers written information about the real estate or conditions affecting the real estate which has not been provided by the owner of the real estate or the owner’s agent.
Negotiating with a prospective buyer within the meaning of s. 452.01 (5m), Stats., other than by conducting an auction.

History

Cr. Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2017 No. 734.

Wis. Admin. Code § SPS 127.04 Contract {#sec-sps-127.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 127.04}

A registrant shall have a written contract with the owner of real estate to be sold at an auction, or the owner’s agent, which specifies the terms and conditions upon which the auctioneer or auction company accepts the real estate for sale at auction. The following conditions apply to the contract:

(1) A registrant who is licensed as a real estate broker under ch. 452, Stats., shall use the appropriate approved listing contract form required under s. REEB 16.03, when contracting with the owner to conduct an auction of real estate, and shall include provisions which comply with s. SPS 124.02.

(2) A registrant who is licensed as a real estate salesperson shall use the appropriate approved listing contract form required under ch. REEB 16, when contracting with the owner to conduct an auction of real estate if the salesperson is employed by a real estate broker, and shall include provisions which comply with s. SPS 124.02.

(3) A registrant who is not licensed as a real estate broker or salesperson under ch. 452, Stats., shall use a contract that complies with s. SPS 124.02.

History

Cr. Register, June, 1996, No. 486, eff. 7-1-96; correction in (1), (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 127.05 Real estate subject to exclusive listing contract {#sec-sps-127.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 127.05}

Prior to entering into any contract for the sale of real estate at an auction, the registrant shall determine whether the real estate is subject to an exclusive real estate listing contract. If the real estate to be sold at an auction is subject to an exclusive real estate listing contract between the seller and a real estate broker other than the registrant, the registrant:

(1) May only enter into a contract under s. SPS 127.04, with the real estate broker holding the exclusive real estate listing contract on the real estate.

(2) May not receive any sales proceeds, down payments, earnest money deposits or other trust funds as a result of an auction of the real estate, unless the contract under sub. (1) authorizes the registrant to do so.

History

Cr. Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 127.06 Solicitation of owners with exclusive listing contract prohibited {#sec-sps-127.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 127.06}

A registrant may not solicit an owner of real estate to sell the real estate at an auction if the registrant knows that the real estate is subject to an exclusive real estate listing contract.

History

Cr. Register, June, 1996, No. 486, eff. 7-1-96.

Chapter SPS 128 EDUCATIONAL PROGRAM

Wis. Admin. Code § SPS 128.01 Authority {#sec-sps-128.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 128.01}

This chapter is adopted pursuant to ss. 227.11 (2) and 480.08 (6), Stats.

History

Cr. Register, November, 1996, No. 491, eff. 12-1-96.

Wis. Admin. Code § SPS 128.015 Definitions {#sec-sps-128.015 omnilex-key=us-wi-regs-official--agency-sps--SPS 128.015}

In this chapter:

(1) “Distance education” means the provision of educational programs or courses without an instructor or a representative of an approved school physically present with the students. “Distance education” includes the delivery of educational programs and courses on CD-ROM, videotape, computer disk, or the internet.

(2) “Hour” means a period of 50 minutes of actual instruction.

(3) “Program provider” means a provider of either a program or a course or both.

History

CR 02-030: cr. Register September 2002 No. 561, eff. 10-1-02.

Wis. Admin. Code § SPS 128.02 Education requirements prior to first renewal {#sec-sps-128.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 128.02}

(1) Except as provided in s. SPS 128.06, every registered auctioneer applying to renew a registration shall complete at least 12 hours in an educational program, except that a registered auctioneer who is initially registered less than 6 months prior to the first renewal date shall complete the educational program prior to the date for the second renewal of the registration under s. 440.08 (2), Stats.

(3) A registered auctioneer may attend approved courses of one or more program providers in order to complete the courses which are part of the educational program.

(4) A registered auctioneer who acts as an instructor of an approved educational program or course shall receive credit toward satisfaction of the registered auctioneer’s educational requirement. An instructor shall receive one hour of credit for each 50 minutes of instruction. The registered auctioneer may not receive credit for teaching a specific course more than one time during any biennium.

(5) The department may grant an extension of time for completion of the educational program by a registered auctioneer and the registered auctioneer may obtain a renewal registration for the extension period granted for one of the following:

(a) Health reasons which prevented attendance at the educational program or course.

(b) Active duty in the military service with assignment to a duty station outside Wisconsin.

(6) The department may either require a registered auctioneer to certify on a renewal application form that he or she has met the educational requirements when applying for renewal of the registration or the department may require a registered auctioneer to submit a certificate of completion which a registered auctioneer received from a program provider pursuant to s. SPS 128.05. The department shall deny the renewal application until the certificate or certification is provided.

History

Cr. Register, November, 1996, No. 491, eff. 12-1-96; CR 02-030: am. (1) and (4), r. (2), Register September 2002 No. 561, eff. 10-1-02; correction in (1), (6) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 128.03 Courses; examinations {#sec-sps-128.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 128.03}

(1) Courses. The educational program shall consist of 12 hours, which shall include:

(a) Three hours in the Wisconsin laws relating to auctioneer ethical and professional conduct.

(b) Nine hours in topics pertinent to the practice of auctioneering that shall be approved by the department biennially, which may include a 7 hour national Uniform Standards of Professional Appraisal Practice (USPAP) update course approved by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation for a person who holds credentials under both chs. 480 and 458, Stats.

(2) Examinations. A program provider shall give a written examination subsequent to the completion of instruction of each course. A registered auctioneer, except a registered auctioneer who teaches a course, shall pass the examination in order to successfully complete the course. The examination shall consist of at least 5 multiple-choice questions for each hour of instruction. The program provider shall design the examination so that a person who is competent to protect the public when practicing as an auctioneer would achieve a score of 70% or more. A registered auctioneer who fails to achieve a passing score on an examination shall be permitted to retake the examination within a reasonable time as determined by the program provider. A registered auctioneer who twice fails an examination shall not be credited with having completed the course and is required to retake the course.

History

Cr. Register, November, 1996, No. 491, eff. 12-1-96; CR 02-030: r. and recr. Register September 2002 No. 561, eff. 10-1-02; CR 06-014: am. (1) (intro.), (a) and (b), r. (1) (c) and (d) Register September 2006 No. 609, eff. 10-1-06; CR 11-029: am. (1) (b) Register January 2012 No. 673, eff. 2-1-12.

Wis. Admin. Code § SPS 128.04 Approval of educational programs; courses and instructors {#sec-sps-128.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 128.04}

(1) A program provider seeking initial approval from the department of an educational program or a course shall submit its application on a form provided by the department prior to the first date the program or course is offered. The program provider shall include a designation of the courses to be provided, the name and outline of the courses, the name and qualifications of the instructors, and the time segments of the courses. The department shall notify the provider whether the program or course has been approved or denied within 20 business days from the date the application is received. The department shall approve an educational program or course if the program provider submits to the department the information required by this subsection and agrees to comply with the provisions in subs. (2) to (6).

Note: Applications for educational program and course approval are available from the Department of Safety and Professional Services, Office of Education and Examinations, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708-8366 or from the department’s website at: http://dsps.wi.gov.

(1m) A program provider seeking the approval of a continuing education program or course that will be presented as distance education shall comply with sub. (1) and shall, additionally, describe to the department how the program provider will do all of the following:

(a) Ensure that instructors approved by the department under sub. (6) are available to the students at reasonable times and by reasonable means.

(b) Provide a reasonable level of examination security for the examination given at the end of each distance education continuing education course.

(d) Provide reasonable oversight to ensure that the students who take the examination are the enrolled students.

(e) Provide a reasonable opportunity for student self-evaluation of mastery.

(2) The educational program and courses shall be available to all registered auctioneers regardless of membership in any organization.

(3) Program providers shall agree to monitor attendance at the beginning and end of each course and to furnish each participant an individual certificate of completion. Program providers shall retain copies of attendance records and evidence of completion of the courses by registered auctioneers for at least 5 years from the date the courses were presented.

(4) Program providers shall agree to distribute course evaluation survey forms to registered auctioneers who attend the courses offered by the providers. Program providers shall retain the originals of the completed forms for at least 12 months after the date of completion of the course and, upon request from the department, make them available to the department.

(6) Course instructors shall be approved by the department. An instructor whose auctioneer registration has been limited, suspended or revoked in Wisconsin or any other jurisdiction may not instruct in approved courses while the disciplinary action is in effect. An approved instructor shall possess at least one of the following qualifications:

(a) Be an auctioneer who is currently practicing auctioneering, and who has engaged in such practice for at least 5 years.

(b) Be an attorney who is engaged in the field of auctioneering-related law.

(c) Be an appraiser who is approved by the AQB of the Appraisal Foundation to provide a 7 hour national USPAP update course.

(d) Be an instructor in a course approved under s. SPS 128.04 (1) and be a person, in good standing in the jurisdiction in which he or she is credentialed, with at least 5 years of education and experience in the subject matter of the approved course.

Note: Applications for approval of instructors are available from the Department of Safety and Professional Services, Office of Education and Examinations, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708-8366 or from the department’s website at: http://dsps.wi.gov.

History

Cr. Register, November, 1996, No. 491, eff. 12-1-96; CR 02-030: am. (1), cr. (1m), r. (5), Register September 2002 No. 561, eff. 10-1-02; CR 11-029: cr. (6) (c) Register January 2012 No. 673, eff. 2-1-12; CR 13-056: am. (6) (a), cr. (6) (d) Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 128.05 Certification of completion of courses {#sec-sps-128.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 128.05}

(1) Completion requirements. A registered auctioneer shall attend all the required hours before the program provider may give a certificate of completion to the registered auctioneer.

(2) Certification of completion. Program providers shall provide an individual certificate of completion to all registered auctioneers upon satisfactory completion of courses.

History

Cr. Register, November, 1996, No. 491, eff. 12-1-96.

Wis. Admin. Code § SPS 128.06 Education examination {#sec-sps-128.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 128.06}

(1) The department shall conduct an education examination. A registered auctioneer may take the education examination conducted by the department in lieu of the educational program set forth in s. SPS 128.03. A registered auctioneer who passes the education examination shall not be required to complete the educational program.

(2) The education examination shall cover the courses required for the educational program approved by the department under s. SPS 128.03, and shall have no less than 5 questions for each hour of instruction in the approved education program or courses.

(3) The department shall permit a registered auctioneer to retake the education examination one time. If the registrant fails the examination a second time, the registrant shall attend an approved educational program or courses.

(4) The department shall require a minimum passing score of 70 on the education examination.

(5) The department shall permit registrants who take the education examination to review the examination and the examination results, as provided in s. SPS 122.06.

(6) Passing the examination for original registration as an auctioneer under s. 480.10, Stats., does not satisfy the requirements under this section.

History

Cr. Register, November, 1996, No. 491, eff. 12-1-96; correction in (1), (2), (5) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Chapter SPS 131 HOME INSPECTORS

Subchapter I General Provisions

Wis. Admin. Code § SPS 131.01 Authority {#sec-sps-131.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.01}

The rules in this chapter are adopted pursuant to ss. 227.11 (2), 440.972, 440.973, 440.974, 440.975, 440.978, and 440.979, Stats.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 131.02 Definitions {#sec-sps-131.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.02}

As used in ch. SPS 131:

(1) “Automatic safety controls” means devices designed and installed to protect systems and components from excessively high or low pressure and temperatures, excessive electrical current, loss of water, loss of ignition, fuel leaks, fire, freezing, or other similar unsafe conditions.

(2) “Central air conditioning” means a system which uses ducts to distribute cooling or dehumidified air to more than one room or uses pipes to distribute chilled water to heat exchangers in more than one room, and which is not plugged into an electrical convenience outlet.

(3) “Client” means a person who contracts with a home inspector for the purpose of a home inspection.

(4) “Component” means a readily accessible and observable element of a system, such as a floor or wall.

(4e) “Continuing education” means the planned, professional development activities designed to contribute to the advancement, extension, and enhancement of the professional skills or knowledge of a registered home inspector.

(4m) “Continuing education credit hour” means a unit of credit for a continuing education training program, where one continuing education credit hour equals 50 minutes of actual instruction in a continuing education training program.

(4s) “Continuing education training program” means any course, program or activity meeting the requirements of s. SPS 131.42 and having a clear purpose and objective of maintaining, improving, or expanding the skills and knowledge relevant to the registrant’s professional practice.

(5) “Cosmetic” means not required for the proper operation of the essential systems and components of a home.

(6) “Cross connection” means any physical connection or arrangement between potable water and any source of contamination.

(6m) “Defect” has the meaning given in s. 440.97 (2m), Stats.

(7) “Department” means the department of safety and professional services.

(8) “Describe” means to identify in writing a system or component by type or characteristics.

(9) “Dismantle” means to take apart or remove any component, device, or piece of equipment that is bolted, screwed, or otherwise fastened and which would not be taken apart or removed in the ordinary course of household maintenance.

(10) “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.

(11) “Functional drainage” means the emptying of a drain in a reasonable amount of time with no sign of overflow when another fixture is drained simultaneously.

(12) “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 accessible.

(13) “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 property that contains not more than 4 dwelling units.

(b) The condition of mechanical and structural components of the improvements specified in par. (a).

(14) “Home inspector” means an individual who, for compensation, conducts a home inspection.

(15) “Household appliances” means washers, dryers, refrigerators, freezers, stoves, ovens, room air conditioners and other similar equipment.

(16) “Inspect” means to examine observable systems and components.

(17) “Material adverse fact” means a condition or occurrence that is generally recognized by a competent home inspector as doing any of the following:

(a) Significantly reducing the functionality or structural integrity of components or systems of the improvements to the property being inspected.

(b) Posing a significant health or safety risk to occupants of the improvements.

(18) “Normal operating controls” means homeowner operated devices including, but not limited to, thermostats and wall or safety switches.

(19) “On-site water supply quality” means the condition of water, based on the existence of bacteria, chemicals, minerals, solids, or other similar elements in the water.

(20) “On-site water supply quantity” means the rate of water flow from a well or a municipal water source.

(21) “Operate” means to cause a piece of equipment or a system to function.

(22) “Permanently installed” means attached or connected to an item in a manner which requires tools to remove.

(23) “Primary” means an item such as a window or door designed to remain in the same place year-round.

(24) “Reasonably competent and diligent home inspection” means an inspection that complies with the standards established under subch. XI of ch. 440, Stats., and ch. SPS 131.

(25) “Recreational facilities” means spas, saunas, steam baths, swimming pools, tennis courts, playground equipment, and other exercise, entertainment, or athletic facilities.

(25m) “Registrant” means a person who holds a home inspector registration issued by the department or who has the right to renew a home inspector registration issued by the department.

(26) “Roof drainage systems” means gutters, downspouts, leaders, splashblocks, and similar components used to carry water off a roof and away from a building.

(27) “Safety glazing” means tempered or laminated glass, or rigid plastic.

(28) “Solid fuel heating device” means any wood, coal, or other similar solid organic fuel burning device including, but not limited to, fireplaces, fireplace inserts and stoves, wood stoves, and central furnaces, or any combination of those devices.

(29) “Structural component” means a component which supports a load bearing member.

(30) “System” means a combination of interacting or interdependent components, assembled to carry out one or more functions.

(31) “Technically exhaustive” means the extensive use of measurements, instruments, testing, calculations, and other means to develop scientific or engineering findings, conclusions or recommendations.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (intro.), (7), (24) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671; CR 14-010: cr. (4e), (4m), (4s), (25m) Register August 2014 No. 704, eff. 9-1-14; corrections in (intro.), (24) made under s. 13.92 (4) (b) 7., Stats., Register August 2014 No. 704; EmR1822: emerg. cr. (6m) eff. 9-23-18; CR 18-076: cr. (6m) Register May 2019 No. 761, eff. 6-1-19; correction in (24) made under s. 13.92 (4) (b) 7., Stats., Register January 2023 No. 805.

Wis. Admin. Code § SPS 131.03 Applicability {#sec-sps-131.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.03}

As used in s. 440.9712, Stats., the terms “act as a home inspector” and “provide home inspection services” do not include individuals or business entities who inspect the energy-related components of a dwelling unit in order to assess or rate a home’s energy performance, provided that the inspection is performed solely for this purpose and the individual or business entity is not described as a home inspector or does not convey the impression of being a home inspector.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99.

Subchapter II Applications

Wis. Admin. Code § SPS 131.11 Application for home inspector registration {#sec-sps-131.11 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.11}

An applicant for registration as a home inspector shall submit all of the following:

(1) A completed application form.

(2) The fee specified in s. 440.05 (1), Stats.

(3) Evidence of having successfully passed the examination as specified in s. SPS 131.21 (2).

(4) Subject to ss. 111.321, 111.322, and 111.335, Stats., evidence necessary for the department to determine that the applicant is not the subject of a pending criminal charge, nor has been convicted of an offense, the circumstances of which substantially relate to the practice of home inspection.

(5) Evidence satisfactory to the department that the applicant has completed at least 40 hours of pre-registration instruction approved by the department under s. 440.974 (1) (ag), Stats.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-010: renum. 132.11 from SPS 132.03 and am. (3) Register August 2014 No. 704, eff. 9-1-14; EmR2202: emerg. am. (title), (intro.), r. and recr. (4), cr. (5), eff. 1-15-22; CR: 22-004: am. (title), (intro.), r. and recr. (4), cr. (5) Register June 2023 No. 810, eff. 7-1-23.

Wis. Admin. Code § SPS 131.113 Reciprocity, generally {#sec-sps-131.113 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.113}

(1) An applicant registered or licensed in good standing in another state may apply for home inspector registration by submitting the following materials:

(a) A completed application form.

(b) The fee specified in s. 440.05 (2), Stats.

(d) Evidence that the individual is registered or licensed in good standing as a home inspector in another state.

(e) Subject to ss. 111.321, 111.322, and 111.335, Stats., documentation necessary for the department to determine that the applicant is not the subject of a pending criminal charge, nor has been convicted of an offense, the circumstances of which substantially relate to the practice of home inspection.

(2) The department shall issue a reciprocal home inspector registration if both of the following are true:

(a) The department determines that the applicant satisfies the requirements in sub. (1).

(b) The department determines that the requirements for registration or licensure in the state where the applicant is currently registered or licensed meet or exceed the requirements in sub. (1).

History

EmR2202: emerg. cr., eff. 1-15-22; CR 22-004: cr. Register June 2023 No. 810, eff. 7-1-23.

Wis. Admin. Code § SPS 131.115 Reciprocity for service members, former service members, and their spouses {#sec-sps-131.115 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.115}

(1) As used in this section:

(a) “Former service member” has the meaning provided in s. 440.09 (1) (a), Stats.

(b) “Service member” has the meaning provided in s. 440.09 (1) (b), Stats.

(2) The department shall register as a home inspector a service member, former service member, or spouse of a service member or former service member, who the board determines meets all of the requirements under s. 440.09 (2), Stats.

(3) Subject to s. 440.09 (2m), Stats., the board may request verification necessary to make a determination under this section.

History

EmR2202: emerg. cr., eff. 1-15-22; CR 22-004: cr. Register June 2023 No. 810, eff. 7-1-23.

Wis. Admin. Code § SPS 131.12 License renewal {#sec-sps-131.12 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.12}

To renew a home inspector registration, a registrant shall file with the department all of the following:

(1) An application for renewal on a form provided by the department.

(2) Evidence that the registrant has, during the biennial period immediately preceding application, complied with the continuing education requirements in subch. V. This subsection does not apply to first and second renewal dates after the date on which the registrant was initially registered by the department.

(3) The fee specified in s. 440.08 (2) (a), Stats.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (1) (intro.), (b), (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 13-030: am. (1) (intro.) Register November 2013 No. 695, eff. 12-1-13; CR 14-010: renum. 131.12 (title), (intro.), (1) to (3) from SPS 132.05 (title), (1) (intro.), (1) (a) to (c) and am. (title), (intro.), (2) Register August 2014 No. 704, eff. 9-1-14; correction in (2) under s. 13.92 (4) (b) 7. Register August 2014 No. 704, eff. 9-1-14; EmR2202: emerg. am. (intro.), (2), eff. 1-15-22; CR 22-004: am. (intro.), (2) Register June 2023 No. 810, eff. 7-1-23.

Wis. Admin. Code § SPS 131.13 Late renewal {#sec-sps-131.13 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.13}

A registrant who fails to meet the requirements of s. SPS 131.12 by the renewal date may not engage in practice as a home inspector until the registration is renewed. A registrant who fails to meet the requirements of s. SPS 131.12 by the renewal date and who applies for renewal less than 5 years after the expiration date of his or her registration may renew by submitting all of the following to the department:

(1) An application for renewal on a form provided by the department.

(2) Evidence that the registrant has, during the biennial period immediately preceding application, completed the continuing education requirements specified in subch. V.

(3) The fee specified in s. 440.08 (2) (a) 38g., Stats.

(4) The late renewal fee specified in s. 440.08 (3) (a), Stats.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; CR 14-010: renum. 131.13 (intro.), (1) to (4) from SPS 132.05 (2) (intro.), (a) to (c) and cr. (title) and am. (intro.), (2) Register August 2014 No. 704, eff. 9-1-14; correction in (2) under s. 13.92 (4) (b) 7. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 131.14 Reinstatement of license {#sec-sps-131.14 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.14}

If an application for restoring a registration occurs 5 years or more after expiration of the applicant’s most recent registration, the applicant’s registration may be reinstated by filing with the department an application and the fees specified in s. 440.08 (3) (a), Stats. The department may also require demonstration of competence by various methods including, but not limited to, written or oral examination, documentation of home inspection in other jurisdictions, or documentation of current education or experience in the field. Any examination or education required under this section may not be more extensive than the educational or examination requirements for initial registration with the department.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (1) (intro.), (b), (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 13-030: renum. 131.14 from SPS 132.05 (3) and cr. (title) and am. Register November 2013 No. 695, eff. 12-1-13.

Wis. Admin. Code § SPS 131.15 Denial of registration {#sec-sps-131.15 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.15}

An application for registration under this chapter may be denied for fraud or misrepresentation in the application for registration, or for any of the grounds under s. 440.978, Stats., for which the department may discipline a registrant.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; CR 14-010: renum. 131.15 from SPS 132.06 Register August 2014 No. 704, eff. 9-1-14.

Subchapter III Examinations

Wis. Admin. Code § SPS 131.21 Examination requirements {#sec-sps-131.21 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.21}

(1) An applicant for registration as a home inspector shall file an application for examination on a form prescribed by the department and shall submit a fee specified in s. 440.05 (1) (b), Stats., at least 30 days before the date of the examination.

(2) The examination consists of two parts. Part I shall consist of an examination relating to the Wisconsin statutes and administrative rules that relate to the practice of home inspection. Part II shall consist of an examination relating to the principles and procedures that relate to the practice of home inspection.

Note: An otherwise qualified applicant with a disability shall be provided with reasonable accommodations.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; am. (3), Register, May, 2001, No. 545, eff. 6-1-01; CR 14-010: renum. 131.21 (title), (1), (2) from SPS 133.01 (title), (1), (3) Register August 2014 No. 704, eff. 9-1-14; correction in (title) made under s. 13.92 (4) (b) 2., Stats., Register August 2014 No. 704, eff. 9-1-14; EmR2202: emerg.am. (2), eff. 1-15-22; CR 22-004: am. (2) Register June 2023 No. 810, eff. 7-1-23.

Wis. Admin. Code § SPS 131.22 Examination grade {#sec-sps-131.22 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.22}

(1) To pass each examination part the applicant shall receive a grade determined by the department to represent the minimum competence to practice. The department shall determine the passing grade for part I of the examination after consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and shall set the passing grade for the examination at that point which represents minimum acceptable competence in the profession. The department shall determine the passing grade for part II of the examination in the same manner as for part I or the department may accept the passing grade recommendation of a testing agency whose examination has been approved by the department.

(2) The department may refuse to release grades or issue a home inspector registration if the department determines that an applicant violated the rules of conduct of the examination or otherwise acted dishonestly.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; am. (1), Register, May, 2001, No. 545, eff. 6-1-01; CR 14-010: renum. 131.22 from SPS 133.02 Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 131.23 Examination review {#sec-sps-131.23 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.23}

An applicant who fails the required examination may request a review of that examination as permitted by the examination provider. If a review is provided, all of the following conditions apply:

(1) An applicant shall file a written request with the department within 30 days after the date on which the examination results were mailed and pay the fee specified in s. SPS 4.05.

(2) An applicant may review the examination by appointment only and shall be limited to the time permitted by the examination provider.

(3) An applicant may not be accompanied during the review by any person other than the proctor.

(4) An applicant shall be provided with a form on which to write comments, questions or claims of error regarding any items in the examination. Bound reference books shall be permitted. An applicant may not remove any notes from the area. Notes shall be retained by the proctor and made available to the applicant for use at a hearing, if desired. The proctor may not defend the examination nor attempt to refute claims of error during the review.

(5) An applicant may not review the examination more than once.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-010: renum. 131.23 from SPS 133.03 Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 131.24 Reexamination {#sec-sps-131.24 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.24}

An applicant who fails to achieve passing grades on the examinations required under this chapter may apply for reexamination on forms provided by the department. For each reexamination, the applicant shall pay the reexamination fee specified in s. 440.06, Stats.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; CR 14-010: renum. 131.24 from SPS 133.04 Register August 2014 No. 704, eff. 9-1-14.

Subchapter IV Standards of Practice

Wis. Admin. Code § SPS 131.31 General requirements {#sec-sps-131.31 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.31}

(1) A home inspector shall perform a reasonably competent and diligent home inspection of the readily accessible installed systems and components required to be inspected under s. SPS 131.32 to detect observable conditions of an improvement to residential real property. A reasonably competent and diligent home inspection is not required to be technically exhaustive.

(2) 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 component 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 perform 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, equipment, 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 improvement to residential real property that was installed to control or remove suspected hazardous substances.

(h) Evaluate acoustic characteristics of a component 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) Predict future conditions, including the failure of component of an improvement to residential real property.

(k) Inspect for the presence or absence of pests, including rodents, insects and wood-damaging organisms.

(L) Inspect cosmetic items, underground items or items not permanently installed.

(m) Inspect for the presence of any hazardous substances.

(n) Disassemble any component of an improvement to residential real property, except for removing an access panel that is normally removed by an occupant of residential real property.

(3) This section does not prohibit a home inspector from doing any of the following:

(a) Reporting observations or conditions in addition to those required 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.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-010: renum. 131.31 from SPS 134.02 and am. (1) Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 131.32 Mechanical and structural components included in a home inspection {#sec-sps-131.32 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.32}

A reasonably competent and diligent home inspection shall meet the standards in subs. (1) to (11) and shall include an inspection of, and report on, all of the following items that are present on the property at the time of the home inspection:

(1) Foundations. A home inspector shall observe and describe the type and condition of the foundation.

(2) Columns. A home inspector shall observe and describe the type and condition of columns.

(3) Flooring systems. A home inspector shall observe and describe the type and condition of flooring systems.

(4) Roofs.

(a) A home inspector shall observe and describe the condition of all of the following:

Roof coverings, including type.
Roof drainage systems.
Flashings.
Skylights, chimneys and roof penetrations.
Signs of leaks or abnormal condensation on building components.

(b) A home inspector shall describe the methods used to observe the roof.

Walk on the roofing.
Observe attached accessories, including, but not limited to, solar systems, antennae and lightning arrestors.
Observe internal gutter and downspout systems and related underground drainage piping.

(5) Exteriors.

(a) A home inspector shall observe and describe the condition of all of the following:

Wall claddings, including type.
Flashings and trim.
Entryway doors and at least one window per side of a dwelling unit.
Garage door operators, including whether any garage door operator automatically reverses or stops when meeting reasonable resistance during closing.
Decks, balconies, stoops, steps and porches including railings.
Eaves, soffits and fascias.
Grading, drainage, driveways, patios, walkways, and retaining walls that abut the dwelling unit.

(b) A home inspector shall operate all entryway doors, garage doors, and at least one window per side of a dwelling unit.

Storm windows, storm doors, screening, shutters, awnings, and similar seasonal accessories.
Locks, latches or other security devices or systems.
Intercom systems.
Fences or privacy walls.
Insulation or vapor barriers in exterior walls.
Safety glazing.
Garage door operator remote control transmitters.
Geological or soil conditions.
Recreational facilities.
Out-buildings other than garages and carports.
Trees, shrubs and other vegetation.

(6) Plumbing systems.

(a) A home inspector shall observe and describe the condition of all of the following:

Interior water supply and distribution system, including piping materials, supports, fixtures, faucets, functional flow and drainage, leaks and cross connections.
Interior drain, waste and vent system, including traps, drain, waste, and vent piping, piping supports and leaks.
Hot water systems, including water heating equipment, normal operating controls, automatic safety controls, and the exterior surfaces of chimneys, flues, and vents.
Fuel storage and distribution systems, including interior fuel storage equipment, supply piping, venting, supports and leaks.
Sump pumps.

(b) A home inspector shall operate all plumbing fixtures, including their faucets and accessible exterior faucets attached to the dwelling unit.

State the effectiveness of anti-siphon devices.
Determine whether the water supply and waste disposal systems are public or private.
Operate automatic safety controls or sump pumps equipped with internal or water dependent switches.
Operate any valve except water closet flush valves, fixture faucets and hose faucets.
Observe water conditioning systems, fire and lawn sprinkler systems, on-site water supply quantity and quality, on-site disposal systems, foundation drainage systems, or spas.
Observe the interior of flues, chimneys and vents, or solar water heating systems.
Observe any exterior plumbing components such as water mains or swimming pools.
Determine water temperature.
Determine the proper sizing, design or use of plumbing materials.

(7) Electrical systems.

(a) A home inspector shall observe and describe the condition of all of the following:

Service entrance conductors.
Service equipment, grounding equipment, main over current device.
Main and distribution panels, including their location.
Amperage and voltage ratings of the service, including whether service type is overhead or underground.
Branch circuit conductors, their over current devices, and the compatibility of their ampacities and voltages, including any aluminum branch circuit wiring.
The operation of a representative number of installed lighting fixtures, switches and receptacles located inside the house, garage and any exterior walls.
The polarity and grounding of all receptacles within 6 feet of interior plumbing fixtures, in the garage or carport, and on the exterior of inspected structures.
The operation of ground fault circuit interrupters.
The functionality of the power sources for smoke detectors.

(b) A home inspector is not required to do any of the following:

Insert any tool, probe or testing device inside the panels.
Test or operate any over current device except ground fault circuit interrupters.
Dismantle any electrical device or control other than to remove the covers of the main and auxiliary distribution panels.
Observe low voltage systems, telephones, security systems, cable TV, intercoms, or other ancillary wiring that is not a part of the primary electrical distribution systems.
Measure amperage, voltage or impedance.

(8) Interiors.

(a) A home inspector shall observe and describe the condition of all of the following:

Walls, ceilings and floors.
Steps, stairways, balconies and railings.
Counters and all sink base cabinets.
A random sample of doors and windows.
Separation walls, ceilings, and doors between a dwelling unit and an attached garage or another dwelling unit.
Signs of water penetration into the building or signs of abnormal or harmful condensation on building components.

(b) A home inspector is not required to observe any of the following:

Paint, wallpaper, and other cosmetic finish treatments on the interior walls, ceilings and floors.
Carpeting.
Draperies, blinds or other window treatments.
Household appliances.
Recreational facilities or another dwelling unit.

(9) Heating systems.

(a) A home inspector shall observe and describe the condition of all of the following within a permanently installed heating system:

Heating equipment and distribution systems.
Normal operating controls and energy source.
Automatic safety controls.
Exterior surfaces of chimneys, flues and vents.
Solid fuel heating devices.
The presence of an installed heat source in each room.

(b) A home inspector shall operate the systems using normal operating controls and open readily accessible access panels provided by the manufacturer or installer for routine homeowner maintenance.

Operate heating systems when weather conditions or other circumstances may cause equipment damage.
Operate automatic safety controls.
Ignite or extinguish fuel fires.
Observe the interior of flues, fireplace insert flue connectors, humidifiers, electronic air filters, or the uniformity or adequacy of heat supply to the various rooms.
Observe a heat exchanger unless it is readily observable and normally accessible to an occupant of a dwelling unit.

(10) Central air conditioning.

(a) A home inspector shall observe and describe the condition of all of the following:

Cooling and air handling equipment, including type and energy source.
Normal operating controls.
The presence of an installed cooling source in each room.

(b) A home inspector shall operate the systems, using normal operating controls, and open readily accessible access panels provided by the manufacturer or installer for routine homeowner maintenance.

Operate cooling systems when weather conditions or other circumstances may cause equipment damage.
Observe non-central air conditioners.
Observe the uniformity or adequacy of cool-air supply to the various rooms.
Operate electronic air filters.
Observe the pressure of the system coolant or determine the presence of leakage.
Test the electrical current drawn by the unit.

(11) Insulation and ventilation.

(a) A home inspector shall observe and describe the condition of all of the following:

The presence or absence of insulation in unfinished spaces.
Ventilation of attics and foundation areas.
Kitchen, bathroom, and laundry venting systems.

(b) A home inspector is not required to observe any of the following:

Concealed insulation.
Venting equipment which is integrated with household appliances.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; CR 14-010: renum. 131.32 from SPS 134.03 Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 131.33 Contents of a home inspection report {#sec-sps-131.33 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.33}

(1) After completing a home inspection, a home inspector shall submit a written report to a client that does all of the following:

(a) Lists the items described in s. SPS 131.32 that a home inspector is required to inspect.

(b) Lists the items described in s. SPS 131.32 that a home inspector has inspected.

(bm) States the property address, the name of the home inspector who conducted the home inspection, the date of the home inspection, the names of the individuals who prepared the report, the date the report was prepared, and, if applicable, the date the report was revised.

(d) Describes any defect that is detected by the home inspector during his or her home inspection. A home inspector shall use the term “defect” in describing a condition in the written report required under this subsection if the home inspector believes the condition satisfies the definition of “defect” under s. 440.97 (2m), Stats.

(e) Lists any material adverse facts that a home inspector has knowledge of or has observed.

(f) A summary page that includes at least all of the following:

A list of conditions, labeled as defects, that are observed under par. (d) to be defects.
Other than items labeled as defects, a listing of components needing repairs, components needing further evaluation, items to monitor, and maintenance items.
References to the page, heading, or item number in the full written report for further information.
The disclosures required under s. 440.975 (3) (cr) 3., Stats.

(2) A home inspector is not required to report on any of the following aspects of items identified in s. SPS 131.32:

(a) Their life expectancy.

(b) The reason for the necessity of a major repair.

(c) The method of making any repair or correction, the materials 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 they comply with applicable regulatory requirements.

(4) A home inspector is not required to retain inspectors or investigators to perform follow-up inspections or investigations of any material adverse facts that a home inspector has knowledge of or has observed under sub. (1) (d).

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (1) (a), (b), (c), (d), (2) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-010: renum. 131.33 from SPS 134.04 and am. (1) (a), (b) Register August 2014 No. 704, eff. 9-1-14; corrections in (1) (c), (d), (2) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register August 2014 No. 704; EmR1822: emerg. am. (1) (d), cr. (2m), (3m) eff. 9-23-18; CR 18-076: am. (1) (d), cr. (2m), (3m) Register May 2019 No. 761, eff. 6-1-19; EmR2202: emerg. cr. (1) (bm), r. and recr. (1) (d), cr. (1) (f), r. (2m), (3m), eff. 1-15-22; CR 22-004: cr. (1) (bm), r. and recr. (1) (d), cr. (1) (f), r. (2m), (3m) Register June 2023 No. 810, eff. 7-1-23; correction in (1) (f) made under s. 13.92 (4) (b) 4., Stats., Register June 2023 No. 810.

Subchapter V Education Requirements

Wis. Admin. Code § SPS 131.40 Education requirement for initial registration {#sec-sps-131.40 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.40}

An applicant for registration as a home inspector must have completed at least 40 hours of pre-registration instruction approved by the department under s. SPS 131.405.

History

EmR2202: emerg. cr., eff. 1-15-22: CR 22-004: cr. Register June 2023 No. 810, eff. 7-1-23.

Wis. Admin. Code § SPS 131.405 Standards for approval of pre-registration education {#sec-sps-131.405 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.405}

An acceptable pre-registration instruction program shall meet all of the following criteria:

(2) Include at least 20 hours of hands-on training in the performance of home inspections and drafting of home inspection reports.

(3) Be conducted by individuals or entities which have specialized education, training, or experience in the subject matter of home inspections.

(4) Provide a record evidencing completion of the training program that shall include all of the following:

(a) The name of the course.

(b) The provider’s name.

(d) The date of completion.

(e) The location of the course.

(f) The number of hours.

(g) A signature from the instructor or provider.

History

EmR2202: emerg. cr., eff. 1-15-22: CR 22-004: cr. Register June 2023 No. 810, eff. 7-1-23.

Wis. Admin. Code § SPS 131.41 Continuing education requirements for registration renewal {#sec-sps-131.41 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.41}

(1) Except as provided in sub. (2), every registered home inspector shall complete a minimum of 40 continuing education credit hours during each biennial registration period.

(2) A registrant is not required to complete continuing education credit hours between initial registration and the conclusion of the second registration renewal period.

(3)

(a) If a registrant fails to satisfy the continuing education requirements provided in sub. (1) within a biennial registration period, continuing education credit hours acquired on or after December 15 of any even-numbered year will be first applied to the preceding biennium until the requirement is fulfilled. Continuing education credit hours may not apply to more than one biennium.

(b) A registrant who fails to meet the continuing education requirements provided in sub. (1) by December 14 of any even-numbered year may not engage in the practice of home inspection until the registration is renewed, except as provided in s. SPS 131.45.

(4) Continuing education credit hours shall be obtained through any of the following means:

(a) Attending seminars, corporate in-house courses, workshops, or professional or technical presentations made at meetings, conventions, or conferences meeting the requirements of s. SPS 131.42. Attendance may be in person or via remote classroom where a provider is available to participate to comment and answer questions.

(b) Teaching a continuing education training program. Fifty minutes of actual instruction is equivalent to one continuing education credit hour. No additional continuing education credit hours will be granted for subsequent presentations of identical material.

(c) Participating in a continuing education training program that does not meet in person including the completion of interactive short courses or tutorials, delivery of educational programs and courses on CD-ROM or the Internet, webinars, or correspondence courses.

(5) A registrant may only receive credit for the initial attendance of a continuing education training program during a biennium. A registrant may not receive additional continuing education credit hours for repeated attendance at a continuing education training program during a biennium.

(6) A registrant may not receive continuing education credit hours for work completed as part of the registrant’s regular duties as a home inspector.

History

CR 14-010: cr. Register August 2014 No. 704, eff. 9-1-14; EmR2202: emerg. am. (2), eff. 1-15-22: CR 22-004: am. (2) Register June 2023 No. 810, eff. 7-1-23.

Wis. Admin. Code § SPS 131.42 Standards for continuing education training programs {#sec-sps-131.42 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.42}

An acceptable continuing education training program shall meet all of the following criteria:

(1) Include instruction in an organized method of learning contributing directly to the professional competency of the registrant and pertaining to subject matters that significantly relate to the practice of home inspection. The instruction shall include amplification, evaluation, examples, and explanation of the course subject matter to the licensee.

(2) Be conducted by individuals or entities which have specialized education, training, or experience in the subject matter of the program.

(3) Provide attendance or completion verification records in the form of certificates of completion evidencing attendance at, or completion of, the continuing education training program. A certificate of completion shall include all of the following:

(a) The name of the course.

(b) The provider’s name.

(d) The date of completion.

(e) The location of the course.

(f) The number of hours.

(g) A signature from the instructor or provider.

History

CR 14-010: cr. Register August 2014 No. 704, eff. 9-1-14; correction in numbering in (3) (a) to (g) made under s. 13.92 (4) (b) 1., Stats., Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 131.43 Certificate of completion, proof of attendance {#sec-sps-131.43 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.43}

(1) Each registrant shall certify on the registration renewal application that he or she has fully complied with the continuing education requirements of this subchapter.

(3) If evidence of compliance is required by the department or its designee, the registrant shall submit the requested information within 30 business days of receiving written notice. Failure to do so may result in disciplinary action.

History

CR 14-010: cr. Register August 2014 No. 704, eff. 9-1-14; EmR2202: emerg. r. (2), eff. 1-15-22; CR 22-004: r. (2) Register June 2023 No. 810, eff. 7-1-23.

Wis. Admin. Code § SPS 131.44 Recordkeeping {#sec-sps-131.44 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.44}

A registrant shall obtain a certificate of completion from the program provider for each continuing education training program completed. The registrant shall retain the certificate of completion and any other required, related documentation for a minimum of 5 years.

History

CR 14-010: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § SPS 131.45 Waiver of continuing education requirements {#sec-sps-131.45 omnilex-key=us-wi-regs-official--agency-sps--SPS 131.45}

(1) A renewal applicant who is actively practicing in the profession and is unable to fully comply with the continuing education requirements due to temporary, extreme hardship, as determined by the department, may submit a written request for a waiver or a written request for an extension of time to complete the continuing education requirements. The department will review the request, and in its sole discretion may grant a full or partial waiver, or an extension of time to comply with the requirements.

(2) A renewal applicant who prior to the expiration date of the registration submits a request for a waiver and provides a written statement setting forth the basis for the request, shall be deemed to be in good standing until the final decision on the request is made by the department. If the waiver is denied and the registration has expired, the applicant shall immediately discontinue engaging in the practice of home inspection until the applicant meets the requirements of s. SPS 131.41 and submits evidence of compliance to the department.

(3) A renewal applicant may not receive a waiver under this section for 2 consecutive biennia.

History

CR 14-010: cr. Register August 2014 No. 704, eff. 9-1-14.

Chapter SPS 140 AUTHORITY, PURPOSE AND DEFINITIONS

Wis. Admin. Code § SPS 140.01 Authority {#sec-sps-140.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 140.01}

The rules in chs. SPS 140 to 142 are adopted by the department pursuant to ss. 227.11 (2) and 440.03 (14) (am) and (d), Stats., to govern the registration of music, art and dance therapists and the issuance of licenses to practice psychotherapy to registrants.

History

Cr. Register, April, 1999, No. 520, eff. 5-1-99; CR 02-125: am. Register July 2003 No. 571, eff. 8-1-03; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 140.02 Definitions {#sec-sps-140.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 140.02}

As used in chs. SPS 140 to 142, unless the context otherwise requires:

(1) “ADTR” means the Academy of Dance Therapists Registered, as well as a member of the Academy of Dance Therapists Registered.

(2) “ATR” means art therapist registered.

(3) “Art therapy” means the specialized, professional and psychotherapeutic use of art media, images, the creative art process, and client responses to the created art productions as reflections of an individual’s development, abilities, personality, interests, concerns, and conflicts. “Art therapy” is based on knowledge of human development and theories which are implemented in the full spectrum of models of assessment and treatment including educational, cognitive, transpersonal, and other therapeutic means of reconciling emotional conflicts, fostering self-awareness, developing social skills, managing behavior, solving problems, reducing anxiety, aiding reality orientation, and increasing self-esteem. Art therapists serve individuals, couples, families and groups. “Art therapy” may include the use of elements of other art forms.

(4) “ATR-BC” means art therapist registered-board certified.

(5) “DTR” means dance therapist registered.

(6) “Dance therapy” means the specialized, professional and psychotherapeutic use of movement and dance. This is a process which furthers the emotional, cognitive, social and physical integration of the individual. It uses psychotherapeutic models for assessment and intervention and is practiced in a wide variety of settings. “Dance therapy” may be appropriate for groups and individuals of all ages and conditions of need. “Dance therapy” may include the use of elements of other art forms.

(7) “Department” means the department of safety and professional services.

(8) “License to practice psychotherapy” or “psychotherapy license” means a credential issued by the department to a registrant that authorizes the registrant to practice psychotherapy within the registrant’s competence, education, training and experience.

(9) “Licensee” means a person registered as a music therapist who is granted a license to practice psychotherapy (MTRL), a person registered as an art therapist who is granted a license to practice psychotherapy (ATRL), or a person registered as a dance therapist who is granted a license to practice psychotherapy (DTRL), as provided by s. 440.03 (14) (am), Stats.

(10) “Music therapy” means the specialized, professional, therapeutic use of music in the service to individuals with needs in mental health, physical health, habilitation, rehabilitation, special education, self-care or personal growth. The purpose of music therapy is to assist and empower individuals to attain or maintain their maximum level of functioning and highest quality of life. “Music therapy” may include the use of elements of other art forms.

(11) “Psychotherapy” has the meaning specified in s. 457.01 (8m), Stats.

(13) “Registrant” means a person who is granted a registration as a music therapist (WMTR), an art therapist (WATR), or a dance therapist (WDTR) by the department.

History

Cr. Register, April, 1999, No. 520, eff. 5-1-99; CR 02-125: renum. (1) to be (3), (2) to be (6), (3) to be (7) and (4) to be (10), renum. (5) to be (13) and am., cr. (1), (2), (4), (5), (8), (9) and (11), Register July 2003 No. 571, eff. 8-1-03; correction in (intro.), (7) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671.

Chapter SPS 141 APPLICATION

Wis. Admin. Code § SPS 141.01 Application for registration {#sec-sps-141.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 141.01}

An individual applying for registration as a music, art or dance therapist shall submit all of the following to the department:

(1) An application on a form provided by the department.

Note: Application forms are available upon request to the department at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935.

(2) The fee required under s. 440.05 (1), Stats.

(3) Information necessary for the department to determine all of the following:

(a) Whether the applicant has been convicted of, or at the time of application charged with, a crime or a traffic offense which did or could result in the suspension or revocation of the applicant’s driver’s license.

(b) Whether the circumstances of any pending charge or conviction are substantially related to the duties of practice under the registration as described in ss. 111.321, 111.322 and 111.335, Stats.

(4) Written verification transmitted directly to the department by the appropriate organization stating that the applicant:

(a) If applying for registration as a music therapist, 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, registers or accredits music therapists.

(b) If applying for registration as an art therapist, 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 therapists.

(c) If applying for registration as a dance therapist, 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.

History

Cr. Register, April, 1999, No. 520, eff. 5-1-99; CR 02-125: r. and recr. (3) Register July 2003 No. 571, eff. 8-1-03.

Wis. Admin. Code § SPS 141.02 Renewal of registration {#sec-sps-141.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 141.02}

(1) Registrations for music, art and dance therapists expire on October 1 of each odd-numbered year. In order to renew a registration the registrant shall submit on or before the renewal date all of the following to the department:

(a) A renewal application on a form provided by the department.

(b) The renewal fee required under s. 440.08 (2) (a), Stats.

(c) A signed statement contained on the renewal application verifying that the certification, registration or accreditation as a music, art or dance therapist, as appropriate, granted to him or her by the appropriate organization identified under s. SPS 141.01 (4), has not been revoked.

(2) A registrant who fails to renew his or her registration by the renewal date may renew the registration by satisfying the requirements under sub. (1) and paying the late renewal fee required under s. 440.08 (3), Stats.

(3) A registrant who pays the fee required to renew his or her license to practice psychotherapy as a music, art or dance therapist shall not pay a separate fee for renewal of the registration.

History

Cr. Register, April, 1999, No. 520, eff. 5-1-99; CR 02-125: am (1) (c), cr. (3) Register July 2003 No. 571, eff. 8-1-03; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 141.03 Accommodations relating to a disability {#sec-sps-141.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 141.03}

A qualified applicant with a disability shall be provided with reasonable accommodations requested in connection with the completion of an application for registration or renewal of a registration as a music, art or dance therapist.

History

Cr. Register, April, 1999, No. 520, eff. 5-1-99.

Wis. Admin. Code § SPS 141.04 Application for license to practice psychotherapy {#sec-sps-141.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 141.04}

(1) Every registrant who applies for a license to practice psychotherapy shall submit all of the following to the department:

(a) An application on a form provided by the department.

Note: Application forms are available upon request to the department at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935.

(b) The fee required under s. 440.05 (1), Stats.

Whether the applicant has been convicted of, or at the time of application charged with, a crime or a traffic offense which did or could result in the suspension or revocation of the applicant’s driver’s license.
Whether the circumstances of any pending charge or conviction are substantially related to the duties of practice under the registration as required by ss. 111.321, 111.322 and 111.335, Stats.

(2) Every registrant who applies for a license to practice psychotherapy shall pass an examination on the Wisconsin statutes and rules that relate to the profession.

(3) If the applicant is a registered music therapist under s. 440.03 (14) (a) 1., Stats., the applicant shall do all of the following:

(a) Provide proof that the applicant holds a master’s or doctorate degree in music therapy from a program approved by the American Music Therapy Association, or a master’s or doctorate degree in a related field recognized and accepted by the American Music Therapy Association and the Certification Board for Music Therapists.

(b) Submit proof in the form of affidavits signed by the applicant and the applicant’s supervisor that the applicant has completed 3,000 hours of music therapy practiced as psychotherapy, supervised by a person licensed to practice psychotherapy, designated the primary supervisor, and that the primary supervisor met with the applicant an average of one hour per week during the supervised practice period. If the primary supervisor is not a registered music therapist, the applicant must receive supervision from a registered music therapist as a secondary supervisor for at least 1,500 hours. The supervision by primary and secondary supervisors may occur simultaneously. If the supervision by the primary supervisor occurred prior to November 1, 2002, the primary supervisor must have been qualified and authorized to practice psychotherapy at the time.

(c) Pass the examination required for certification by the Certification Board for Music Therapists, or hold registry from the National Music Therapy Registry.

(4) If the applicant is a registered art therapist under s. 440.03 (14) (a) 2., Stats., the applicant shall do all of the following:

(a) Provide proof that the applicant holds a master’s or doctorate degree in art therapy from a program accredited or approved by the American Art Therapy Association, or a program recognized as equivalent by the Art Therapy Credentials Board.

(b) Submit proof in the form of affidavits signed by the applicant and the applicant’s supervisor that the applicant has completed 3,000 hours of art therapy practiced as psychotherapy, supervised by a person licensed to practice psychotherapy, designated the primary supervisor, and that the primary supervisor met with the applicant an average of one hour per week during the supervised practice period. If the primary supervisor is not a registered art therapist, the applicant must receive supervision from a registered art therapist as a secondary supervisor for at least 1,500 hours. The supervision by primary and secondary supervisors may occur simultaneously. If the supervision by the primary supervisor occurred prior to November 1, 2002, the primary supervisor must have been qualified and authorized to practice psychotherapy at the time.

(5) If the applicant is a registered dance therapist under s. 440.03 (14) (a) 3., Stats., the applicant shall do all of the following:

(a) Provide proof that the applicant holds a master’s or doctorate degree in dance therapy or dance/movement therapy approved by the American Dance Therapy Association, or has fulfilled the requirements of a program recognized by the American Dance Therapy Association as equivalent to a master’s or doctorate degree in dance therapy or dance/movement therapy.

(b) Submit proof in the form of affidavits signed by the applicant and the applicant’s supervisor that the applicant has completed 3,000 hours of dance therapy practiced as psychotherapy, supervised by a person licensed to practice psychotherapy, designated the primary supervisor, and that the primary supervisor met with the applicant an average of one hour per week during the supervised practice period. If the primary supervisor is not an ADTR, the applicant must receive supervision from an ADTR as a secondary supervisor for at least 1,500 hours. The supervision by the primary and secondary supervisors may occur simultaneously. If the supervision by the primary supervisor occurred prior to November 1, 2002, the primary supervisor must have [been] qualified and authorized to practice psychotherapy at the time.

(c) Pass the National Board for Certified Counselors examination or other certification examination approved by the American Dance Therapy Association.

History

CR 02-125: cr. Register July 2003 No. 571, eff. 8-1-03.

Wis. Admin. Code § SPS 141.05 Renewal of registration with psychotherapy license {#sec-sps-141.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 141.05}

(1) Registrations for registered music therapists with psychotherapy license, registered art therapists with psychotherapy license, and registered dance therapists with psychotherapy license expire on October 1 of each odd-numbered year. In order to renew a registration, the registrant shall submit all of the following to the department on or before the renewal date:

(a) A renewal application on a form provided by the department.

Note: Application forms are available upon request to the department at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935.

(b) The renewal fee for registered music, art or dance therapist with psychotherapy license required under s. 440.08 (2) (a), Stats.

(c) A signed statement contained on the renewal application verifying that the certification, registration or accreditation as a music, art or dance therapist, as appropriate, granted by the appropriate organization identified under s. SPS 141.01 (4), has not been revoked.

(2) A registrant who fails to renew the registration with license to practice psychotherapy by the renewal date may renew the registration with license to practice psychotherapy by satisfying the requirements under sub. (1) and paying the late renewal fee required under s. 440.08 (3), Stats.

History

CR 02-125: cr. Register July 2003 No. 571, eff. 8-1-03; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 141.06 Application for license to practice psychotherapy by general reciprocity {#sec-sps-141.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 141.06}

An applicant who holds a license to practice psychotherapy in the practice of music, art or dance therapy in another state shall be granted licensure by reciprocity if the department determines that the requirements for licensure in the other state are substantially equivalent to the requirements in s. SPS 141.04, and if the applicant does all of the following:

(1) Completes an application on a form provided by the department and registers as a music, art or dance therapist under s. 440.03 (14) (a) 1., 2. or 3., Stats.

Note: Application forms are available upon request to the department at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935.

(2) Pays the fee required under s. 440.05 (1), Stats.

(3) Provides all information necessary for the department to determine the following:

(b) Whether the circumstances of any pending charge or conviction are substantially related to the duties of practice under the registration as required by ss. 111.321, 111.322 and 111.335, Stats.

(4) Passes an examination on the Wisconsin statutes and rules that relate to the profession.

History

CR 02-125: cr. Register July 2003 No. 571, eff. 8-1-03; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 21-056: am. (title) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § SPS 141.065 Reciprocity for service members, former service members, and their spouses {#sec-sps-141.065 omnilex-key=us-wi-regs-official--agency-sps--SPS 141.065}

A reciprocal music, art, or dance therapy certificate of registration, or license to practice psychotherapy, shall be granted to an applicant who is a service member, former service member, or the spouse of a service member or former service member as defined in s. 440.09 (1), Stats., if the department determines that the applicant meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the department may request verification necessary to make a determination under this section.

History

CR 21-056: cr. Register July 2023 No. 811, eff. 8-1-23; correction made under s. 35.17, Stats., Register July 2023 No. 811.

Wis. Admin. Code § SPS 141.07 Licensure for persons registered before January 1, 2003 {#sec-sps-141.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 141.07}

(1) If an individual was registered as a music therapist under s. 440.03 (14) (a) 1. a., Stats., prior to January 1, 2003, the registrant shall be granted a license to practice psychotherapy if the registrant applies before July 1, 2003, satisfies the requirements in s. SPS 141.04 (1) and (2), and submits proof of all of the following:

(a) The registrant holds a master’s or doctorate degree in music therapy from a program approved by the American Music Therapy Association, or a master’s or doctorate degree in a related field recognized and accepted by the American Music Therapy Association and the Certification Board for Music Therapists.

(b) The registrant has engaged in at least 3,000 hours of the supervised practice of psychotherapy, either in a certified outpatient mental health clinic or in another supervised setting, supervised by a person qualified and authorized to practice psychotherapy at the time, which may be documented by a provider status letter from the bureau of quality assurance of the department of health services.

(2) If an individual was registered as an art therapist under s. 440.03 (14) (a) 2., Stats., prior to January 1, 2003:

(a) The registrant shall be granted a license to practice psychotherapy if the registrant applies before July 1, 2003, satisfies the requirements in s. SPS 141.04 (1) and (2) and submits proof of all of the following:

The individual is an ATR-BC.
The individual has engaged in at least 3,000 hours of the supervised practice of psychotherapy, either in a certified outpatient mental health clinic or in another supervised setting, supervised by a person qualified and authorized to practice psychotherapy at the time, which may be documented by a provider status letter from the bureau of quality assurance of the department of health services.

(b) The individual shall be granted a license to practice psychotherapy if the individual applies before July 1, 2003, satisfies the requirements in s. SPS 141.04 (1) and (2) and submits proof of all of the following:

The individual is an ATR.
The individual engaged in at least 3,000 hours of the supervised practice of psychotherapy, either in a certified outpatient mental health clinic or in another supervised setting, supervised by a person qualified and authorized to practice psychotherapy at the time, which may be documented by a provider status letter from the bureau of quality assurance of the department of health services.
Prior to January 1, 2003, he or she has passed either the National Counselor examination, the Certified Rehabilitation Counselor examination, the Association of Marital and Family Therapy Regulatory Boards examination, or the Association of Social Work Boards clinical social worker examination.

(c) The individual shall be granted a license to practice psychotherapy that may be renewed only once if the individual applies before July 1, 2003, satisfies the requirements in s. SPS 141.04 (1) and (2) and submits proof of all of the following:

The individual is a registered ADTR.
The individual has engaged in at least 3,000 hours of the supervised practice of psychotherapy, either in a certified outpatient mental health clinic or in another supervised setting, supervised by a person qualified and authorized to practice psychotherapy at the time.

(3) A registrant granted a once-renewable license under sub. (2) (c), may be granted a license to practice psychotherapy if prior to the expiration of the once-renewable license, he or she submits proof that he or she is an ATR-BC, or that he or she has passed either the National Counselor examination, the Certified Rehabilitation Counselor examination, the Association of Marital and Family Therapy Regulatory Boards examination, or the Association of Social Work Boards clinical social worker examination.

(4) If an individual was registered as a dance therapist under s. 440.03 (14) (a) 3., Stats., prior to January 1, 2003, the individual:

(a) Shall be granted a license to practice psychotherapy if the individual applies before July 1, 2003, satisfies the requirements in s. SPS 141.04 (1) and (2) and submits proof that the individual is registered as an ADTR.

(b) Shall be granted a license to practice psychotherapy that may be renewed only once if the individual applies before July 1, 2003, satisfies the requirements in s. SPS 141.04 (1) and (2) and submits proof that the individual is registered as a DTR.

(5) A registrant granted a once-renewable license under sub. (4) (b), may be granted a license to practice psychotherapy if prior to the expiration of the once-renewable license, he or she submits proof that he or she is registered as an ADTR.

History

CR 02-125: cr. Register July 2003 No. 571, eff. 8-1-03; correction in (1) (intro.), (b), (2) (a) (intro.), 2., (b) (intro.), 2., (c) (intro.), (4) (a), (b) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671.

Chapter SPS 142 SCOPE OF PRACTICE

Wis. Admin. Code § SPS 142.01 Music therapy {#sec-sps-142.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 142.01}

Music therapy practice shall be performed in accordance with the generally accepted standards recognized by the profession including, but not limited to, the following:

(1) Objectives. Music therapy is the specialized use of music and the materials of music to restore, maintain, and improve the following areas of functioning:

(a) Cognitive.

(b) Psychological.

(d) Affective.

(e) Physical.

(f) Sensory or sensorimotor.

(g) Motor.

(h) Communicative.

(i) Physiological functioning.

(2) Techniques. Techniques used in the practice of music therapy include, but are not limited to, the following:

(a) The use of music to provide participatory individual and group experiences.

(b) Musical improvisation.

(d) Receptive music learning.

(e) Lyric discussions.

(f) Memory recall.

(g) Music and imagery.

(h) Self-expression through composition and song writing.

(i) Socialization and enhancement of self-esteem through music performance.

(j) Relaxation to music, including stress and pain management.

(k) Learning through music.

(L) Cultural and spiritual expression.

(m) Development of fine and gross motor skills through responses to rhythm.

(n) Respiratory and speech improvements through sound production.

(o) Sensory integration and stimulation.

(p) Increased awareness of music for development of recreation and leisure interests.

(q) Interactive verbal techniques to help facilitate, elicit or summarize the above techniques and build the therapeutic relationship.

(3) Scope of practice. Any music therapist who has attained registration pursuant to s. SPS 141.01 and who limits his or her practice to the specific techniques in sub. (2) shall be deemed not to be practicing psychotherapy.

History

Cr. Register, April, 1999, No. 520, eff. 5-1-99; CR 02-125: r. and recr. Register July 2003 No. 571, eff. 8-1-03; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 142.02 Art therapy {#sec-sps-142.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 142.02}

Art therapy practice shall be performed in accordance with the generally accepted standards recognized by the profession including, but not limited to, the following:

(1) Objectives. Art therapy alleviates distress and reduces physical, emotional, behavioral, and social impairment while supporting and promoting positive development through the use of art media.

(2) Technique. The practice of art therapy includes, but is not limited to, the use of art media to assess, treat and rehabilitate patients with mental, emotional, physical, or developmental disorders.

History

Cr. Register, April, 1999, No. 520, eff. 5-1-99.

Wis. Admin. Code § SPS 142.03 Dance therapy {#sec-sps-142.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 142.03}

Dance therapy practice shall be performed in accordance with the generally accepted standards recognized by the profession including, but not limited to, the following:

(1) Objectives. The goal of dance therapy includes, but is not limited to, the therapeutic use of dance and movement in order to enhance and promote psychological growth, contribute to assessment information, and aid creative, cognitive, emotional and motor development.

(2) Techniques. The practice of dance therapy includes, but is not limited to, the use of movement, nonverbal, and verbal modalities.

Note: Dance therapy is also known as dance/movement therapy.

History

Cr. Register, April, 1999, No. 520, eff. 5-1-99; CR 02-125: am. (1), Register July 2003 No. 571, eff. 8-1-03.

Wis. Admin. Code § SPS 142.04 General procedures {#sec-sps-142.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 142.04}

In the delivery of music, art and dance therapy services, registrants shall follow general procedures that include all of the following:

(1) Referral and acceptance.

(2) Assessment.

(3) Development of treatment plans.

(4) Therapeutic intervention and treatment.

(5) Documentation.

(6) Termination of services.

History

Cr. Register, April, 1999, No. 520, eff. 5-1-99.

Wis. Admin. Code § SPS 142.05 Prohibited practices {#sec-sps-142.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 142.05}

In the practice of music, art and dance therapy, prohibited practices include, but are not limited to, the following:

(1) Practicing beyond the scope of practice of music, art or dance therapy as provided in this chapter.

(2) Failing to practice music, art or dance therapy within the scope of the registrant’s competence, education, training or experience.

(3) Knowingly permitting any professional staff to provide music, art or dance therapy that exceeds that person’s competence, education, training or experience.

(4) Failing when indicated to refer a client to a health care practitioner for treatment beyond the qualifications or scope of practice of the music, art or dance therapist.

(5) Misrepresenting the scope of practice of music, art or dance therapy to a client or to the public.

(6) Misrepresenting qualifications, education, credentials or professional affiliations to a client or to the public.

(7) Failing to inform a client, or the client’s authorized representative, about contraindications of music, art or dance therapy.

(8) Providing music, art or dance therapy when benefits cannot reasonably be expected.

(9) Guaranteeing the results of services offered, except that reasonable statements relating to prognosis and progress may be made.

(10) Failing to inform a client, or the client’s authorized representative, of the purpose, nature and effects of assessment and treatment.

(11) Failing to avoid dual relationships, sexual misconduct and relationships with clients that may impair one’s objectivity or create a conflict of interest. Dual relationships include, but are not limited to, treating employees, supervisees, students, friends or relatives.

(12) Using an individual in research or as the subject of a teaching demonstration without obtaining the individual’s informed consent.

(13) Failing to assign credit to an individual who contributed to clinical services, publications, or presentations in proportion to the individual’s contribution.

(14) Engaging in conduct likely to deceive, defraud, or harm an individual or the public in the course of the practice of music, art or dance therapy.

(15) Advertising in a manner which is false, deceptive or misleading.

(16) Subject to ss. 111.321, 111.322 and 111.34, Stats., practicing music, art or dance therapy while the registrant’s ability to practice is impaired by a mental or physical disorder, alcohol or drugs.

(17) Subject to ss. 111.321, 111.322 and 111.335, Stats., being convicted of an offense the circumstances of which substantially relate to the practice of music, art or dance therapy.

(18) Failing to maintain the confidentiality of all client information, unless consent is given by the client or disclosure is required by law or court order.

(19) Knowingly placing false information in a client’s records.

(20) Failing to provide appropriate access to client records when requested by the department or its representative.

(21) Knowingly providing false information to the department.

(22) Knowingly making a material misstatement on an application for registration or for renewal of a registration.

(23) Violating any rule adopted by the department relating to the practice of music, art or dance therapy.

(24) Violating any term, provision or condition of any order issued by the department relating to the practice of music, art or dance therapy.

(25) After a request by the department, failing to cooperate in a timely manner with the department’s investigation of complaints filed against the applicant or registrant. There is a rebuttable presumption that a registrant or applicant who takes longer than 30 days to respond to a request made by the department has not acted in a timely manner under this paragraph.

(26) Practicing psychotherapy, unless the registrant has been granted a license to practice psychotherapy.

History

Cr. Register, April, 1999, No. 520, eff. 5-1-99; CR 02-125: cr. (26) Register July 2003 No. 571, eff. 8-1-03.

Wis. Admin. Code § SPS 142.06 Required reporting {#sec-sps-142.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 142.06}

Any person registered as a music therapist, art therapist, dance therapist, registered music therapist with psychotherapy license, registered art therapist with psychotherapy license, or registered dance therapist with psychotherapy license shall notify the department in writing within 30 days if an organization specified in s. 440.03 (14) (a) 1. a., 2. a., or 3. a., Stats., revokes the registrant’s certification, registration or accreditation. Upon receiving a verified report of the revocation, the department shall revoke any registration, certificate of registration, or registration with psychotherapy license issued to the person.

History

CR 02-125: cr. Register July 2003 No. 571, eff. 8-1-03.

Wis. Admin. Code § SPS 142.07 Professional liability insurance {#sec-sps-142.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 142.07}

(1) Except as provided in sub. (2), a person registered as a music, art or dance therapist with a license to practice psychotherapy may not practice psychotherapy unless the person has in effect professional liability insurance in the amount of at least $1,000,000 for each occurrence and $3,000,000 for all occurrences in one year.

(2) Subsection (1) does not apply to a person practicing psychotherapy as an employee of a federal, state or local governmental agency, if the practice is part of the duties for which the person is employed and is solely within the confines of or under the jurisdiction of the agency by which the person is employed.

History

CR 02-125: cr. Register July 2003 No. 571, eff. 8-1-03.

Chapter SPS 150 AUTHORITY AND DEFINITIONS

Wis. Admin. Code § SPS 150.01 Authority {#sec-sps-150.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 150.01}

The rules in chs. SPS 150 to 154 are adopted pursuant to ss. 227.11 (2), 440.993, 440.9935 and 440.999, Stats.

History

CR 04-110: cr. Register June 2005 No. 594, eff. 7-1-05; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 150.02 Definitions; generally {#sec-sps-150.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 150.02}

As used in chs. SPS 150 to 154:

(1) “Athlete agent” has the meaning given in s. 440.99 (2), Stats.

(2) “Department” means the department of safety and professional services.

(3) “Educational institution” has the meaning given in s. 440.99 (4r), Stats.

(4) “Registration” has the meaning given in s. 440.99 (9), Stats.

(5) “State” has the meaning given in s. 440.99 (10), Stats.

(6) “Student athlete” has the meaning given in s. 440.99 (11), Stats.

History

CR 04-110: cr. Register June 2005 No. 594, eff. 7-1-05; correction in (10) made under s. 13.93 (2m) (b) 7., Stats., Register November 2007 No. 623; correction in (intro.), (5) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671; correction in (10) made under s. 13.92 (4) (b) 7., Stats., Register July 2015 No. 715; CR 20-029: r. and recr. Register July 2021 N0 787, eff. 8-1-21.

Chapter SPS 151 ATHLETE AGENT REGISTRATION

Wis. Admin. Code § SPS 151.01 Definitions; this chapter {#sec-sps-151.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 151.01}

As used in this chapter:

(1) “Former service member” has the meaning provided in s. 440.09 (1) (a), Stats.

(2) “Service member” has the meaning provided in s. 440.09 (1) (b), Stats.

(3) “Spouse” has the meaning provided in s. 440.09 (1) (c), Stats.

History

CR 04-110: cr. Register June 2005 No. 594, eff. 7-1-05; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 20-029: r. and recr. Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § SPS 151.02 Applications {#sec-sps-151.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 151.02}

An applicant for an athlete agent certificate of registration under s. 440.9915 (1), Stats., shall submit all the following to the department:

(1) A completed application form provided by the department.

(2) The fee required under s. 440.03 (9) (a), Stats.

(3) For applicants who have a pending criminal charge or have been convicted of a crime, subject to ss. 111.321, 111.322, and 111.335, Stats., all related information necessary for the department to determine whether the circumstances of the pending criminal charge or conviction are substantially related to the practice of an athlete agent.

History

CR 04-110: cr. Register June 2005 No. 594, eff. 7-1-05; CR 20-029: r. and recr. Register July 2021 No. 787, eff. 8-1-21; correction in (intro.) made under s. 35.17, Stats., Register July 2021 No. 787.

Wis. Admin. Code § SPS 151.04 Reciprocity; generally {#sec-sps-151.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 151.04}

The department shall issue a certificate of registration to an applicant registered as an athlete agent in another state if the applicant submits all the following:

(1) A copy of the application for registration in the other state.

(2) A statement identifying any material change in information or verifying there is no material change in information on the application for registration in the other state.

(3) A copy of the certificate of registration from the other state.

(4) The fee required under s. 440.05 (2), Stats.

(5) Documentary evidence that the application and registration requirements of the other state are substantially similar to or more restrictive than the requirements for registration under s. 440.992, Stats.

(6) Documentary evidence that the registration of the other state has not been revoked or suspended and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.

History

CR 04-110: cr. Register June 2005 No. 594, eff. 7-1-05; correction in (intro.), (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 20-029: r. and recr. Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § SPS 151.06 Reciprocity for service members, former service members, and spouses of service members or former service members {#sec-sps-151.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 151.06}

The department shall issue a certificate of registration to a service member, former service member, or spouse of a service member or former service member who resides in this state and submits all the following:

(1) A completed reciprocity form provided by the department.

(2) The fee specified under s. 440.05 (2), Stats.

(3) Documentary evidence satisfactory to the department that the applicant holds a license, certification, registration, or permit that was granted by a governmental authority in a jurisdiction outside this state that qualifies the applicant to perform the acts authorized under a certification of registration as an athlete agent.

(4) Documentary evidence satisfactory to the department that the applicant is in good standing with the governmental authorities in every jurisdiction outside this state that have granted the individual a license, certification, registration, or permit that qualifies the individual to perform acts authorized under a certification of registration as an athlete agent.

History

CR 20-029: cr. Register July 2021 No. 787, eff. 8-1-21.

Wis. Admin. Code § SPS 151.07 Renewal {#sec-sps-151.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 151.07}

(1) An athlete agent registered under s. SPS 151.02, 151.04, or 151.06 may renew a certificate of registration by submitting a completed renewal application form provided by the department and the fee required under s. 440.03 (9) (a), Stats.

(2) An athlete agent registered under s. SPS 151.06 may renew a certificate of registration by submitting all the following:

(a) A copy of the application for renewal in the other state.

(b) A copy of the renewed certificate of registration from the other state.

(3) An athlete agent registered under s. SPS 151.04 may renew a certificate of registration by submitting the documentation required in sub. (2), and if the following are true:

(a) The application and registration requirements of the other state are substantially similar to or more restrictive than the requirements for registration under s. 440.992, Stats.

(b) The registration of the other state has not been revoked or suspended and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.

History

CR 20-029: cr. Register July 2021 No. 787, eff. 8-1-21; correction in (1) made under s. 35.17, Stats., Register July 2021 No. 787.

Chapter SPS 154 UNPROFESSIONAL CONDUCT

Wis. Admin. Code § SPS 154.01 Unprofessional conduct {#sec-sps-154.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 154.01}

The following, or aiding or abetting the following, without limitation because of enumeration, constitutes unprofessional conduct by a registered athlete agent or an applicant for registration:

(1) An administrative or judicial determination that the registered athlete agent or applicant has made a false, misleading, deceptive, or fraudulent representation.

(2) Any instance in which the conduct of the registered athlete agent or applicant has resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student athlete or educational institution.

(3) Any sanction, suspension, or disciplinary action taken against the registered athlete agent or applicant arising out of occupational or professional conduct.

(4) Failing to submit an official form of notice, judgment or other record from an administrative, judicial or other governing body forum within 30 days if the administrative judicial or other governing body forum has made a determination or issued a sanction, suspension, or disciplinary action against the registrant or the applicant as described in subs. (1), (2), and (3).

(5) Subject to ss. 111.321, 111.322 and 111.335, Stats., for a registered athlete agent or an applicant to have been convicted of a felony in this state or a crime in another state that if committed in this state, would be a felony.

(6) If a registrant or an applicant is convicted of a crime, failing to submit to the department within 30 days a copy of the complaint or other information which describes the nature of the crime and the judgment of conviction.

(7) Making a materially false, misleading, deceptive, or fraudulent representation in the application for athlete agent registration.

(8) Engaging in conduct that would disqualify the applicant or registered athlete agent from serving in a fiduciary capacity.

(9) Having a registration or licensure as an athlete agent suspended, revoked or limited because of professional discipline in this state or any other state.

(10) Having a registration or licensure as an athlete agent denied or having a renewal of registration or licensure refused in any state.

(11) Having engaged in conduct that significantly adversely reflects on the applicant’s or registered athlete agent’s credibility, honesty, or integrity.

(12) Knowingly aiding, assisting, or advising in the unlawful practice of an athlete agent.

(13) Engaging in the practice as an athlete agent without a certificate of registration except as provided in s. 440.991 (2), Stats.

(14) Violating any of the provisions of ss. 440.994, 440.9945, 440.995, 440.9955, and 440.996, Stats.

History

CR 04-110: cr. Register June 2005 No. 594, eff. 7-1-05; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 20-029: r. and recr. Register July 2021 No. 787, eff. 8-1-21; correction in (4) made under s. 13.92 (4) (b) 4., Stats., and correction in (14) made under s. 35.17, Stats., Register July 2021 No. 787.

Chapter SPS 160 APPLICABILITY AND DEFINITIONS

Wis. Admin. Code § SPS 160.01 Authority {#sec-sps-160.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 160.01}

Chapters SPS 160 to 168 are adopted pursuant to s. 227.11 (2), Stats., and subch. VIII of ch. 440, Stats.

History

CR 07-031: cr. Register November 2007 No. 623, eff. 12-1-07; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-059: am. Register May 2015 No. 713, eff. 6-1-15.

Wis. Admin. Code § SPS 160.015 Applicability {#sec-sps-160.015 omnilex-key=us-wi-regs-official--agency-sps--SPS 160.015}

(1) Use of title. Except as consistent with sub. (2), a person may use the title “addiction counselor,” “substance abuse counselor,” “alcohol and drug counselor,” “substance use disorder counselor” or “chemical dependency counselor” only if the individual is certified as a substance abuse counselor, or as a clinical substance abuse counselor under s. 440.88, Stats.

(2) Chapters SPS 160 to 168 do not apply to any of the following:

(a) A physician, as defined in s. 448.01 (5), Stats., who practices as a clinical supervisor or provides substance use disorder counseling, treatment, or prevention services within the scope of their licensure.

(b) A clinical social worker, as defined in s. 457.01 (1r), Stats., who practices as a clinical supervisor or provides substance use disorder counseling, treatment, or prevention services within the scope of their licensure.

(bg) An advanced practice social worker, as defined in s. 457.01 (1c), Stats., who provides substance use disorder counseling, treatment, or prevention services within the scope of their licensure.

(br) An independent social worker, as defined in s. 457.01 (2g), Stats., who provides substance use disorder counseling, treatment, or prevention services within the scope of their licensure.

(c) A licensed psychologist, as defined in s. 990.0l (31m), Stats., who practices as a clinical supervisor or provides substance use disorder counseling, treatment, or prevention services within the scope of their licensure.

(d) A marriage and family therapist, as defined in s. 457.01 (3), who practices as a clinical supervisor or provides substance use disorder counseling, treatment, or prevention services within the scope of their licensure.

(dm) A professional counselor, as defined in s. 457.01 (7), Stats., who practices as a clinical supervisor or provides substance use disorder counseling, treatment, or prevention services within the scope of their licensure.

(e) The preparation of a patient for substance use disorder treatment by referral, the treatment of a patient for substance use disorder until a referral for substance use disorder treatment is completed, and the continuation of treatment with the nonsubstance use disorder issues of a person, when performed by a mental health provider practicing within the scope of their credential.

History

2017 Wis. Act 262: cr. Register April 2018 No. 748, eff. 5-1-18; correction in (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register January 2023 No. 805; CR 25-093: r. and recr. (1), am. (2) (a), (b), cr. (2) (bg), (br), am. (2) (c), (d), cr. (2) (dm), am. (2) (e) Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § SPS 160.02 Definitions {#sec-sps-160.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 160.02}

In chs. SPS 160 to 168:

(1) “Accredited” means accredited by an accrediting agency recognized by the U.S. Department of Education.

(2) “Assessment” means the process and procedures by which a counselor or service identifies and evaluates an individual's strengths, weaknesses, problems and needs in order to develop a treatment plan for the individual based on an approved placement criteria as defined in s. DHS 75.03 (4).

(2m) “Assessment training” means education on the comprehensive process of collecting pertinent data about patients or patient systems and their environment, and appraising the data as a basis for making decisions regarding substance use disorder diagnosis and treatment or referral. The education shall consist of culturally inclusive studies in understanding addiction, psychopharmacology, recognition and differentiation of co-occurring medical and psychological disorders, clinical evaluation, and treatment planning.

(3) “Behavioral science field” means any of the following:

(a) Health science.

(b) Psychology.

(d) Criminal justice.

(e) Social work, as defined in s. 457.01 (9), Stats.

(f) A field approved by the department.

(g) Marriage and family therapy, as defined in s. 457.01 (5), Stats.

(h) Professional counseling, as defined in s. 457.01 (6), Stats.

(3m) “Case management” means education on culturally appropriate administrative, clinical, and evaluative activities included in the process of coordinating and prioritizing patient treatment goals and working with the patient and significant others, as well as other services, agencies, and resources to achieve those treatment goals. The education shall include studies in implementing treatment plans including continuing assessment, the referral process, service coordination, including for co-occurring medical and psychological disorders, record management and documentation, and utilizing the written client record to guide and monitor services to reach measurable goals and objectives.

(5) “Clinical substance abuse counselor” means an individual who holds a clinical substance abuse counselor certificate granted by the department.

(6) “Clinical supervision” means a specific and definitive process of oversight of a counselor's professional development in the didactic, experiential and application of the transdisciplinary foundations, and practice dimensions including core functions. Supervision takes place between a clinical supervisor and a counselor provided on or off the site of a service to ensure that each patient has an individualized treatment plan and is receiving quality care. A primary purpose of “clinical supervision” is to ensure quality patient care.

(7) “Clinical supervisor” means an individual who practices or has training in substance use disorder clinical supervision; provides substance use disorder counseling, treatment, or prevention services within the scope of their credential; and holds an unencumbered and active credential in good standing granted by the department or respective examining board as one of the following:

(a) A certified clinical supervisor in training, except as provided in s. SPS 162.03 (3).

(b) A certified intermediate or independent clinical supervisor.

(d) A licensed clinical social worker.

(e) A licensed psychologist.

(f) A licensed marriage and family therapist.

(g) A licensed professional counselor.

(8) “Clinical supervisor-in-training” means an individual who holds a clinical supervisor-in-training certificate granted by the department.

(9) “Continuing education credit hour” means 50 minutes of instruction or participation spent by the credential holder in actual attendance or completion of an approved educational activity.

(10m) “Counseling training” means education that includes the study of fundamental theories, principles, and techniques of substance use disorder counseling to facilitate the progress of diverse patients toward mutually determined treatment goals and objectives using culturally sensitive modalities. Counseling education shall include studies of understanding addiction, recognized treatment theory and practice, the recovery process, effective strategies for meeting the counseling needs of diverse patients, crisis management skills, and awareness of co-occurring medical and psychological disorders.

(11) “Credential” has the meaning given in s. 440.01 (2) (a), Stats.

(12) “Department” means the department of safety and professional services.

(13) “DSM” means the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

(13m) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of substance use disorder counseling imposed by the department or respective examining board.

(17) “Independent clinical supervisor” means an individual who holds an independent clinical supervisor certificate granted by the department.

(18) “Intermediate clinical supervisor” means an individual who holds an intermediate clinical supervisor certificate granted by the department.

(19) “Patient” means an individual who has completed the screening, placement and intake process and is receiving substance use disorder treatment services.

(19m) “Patient education” means education about the process of providing patients, groups, families, couples, significant others, and communities with information on risks related to substance use, the processes of dependence including signs, symptoms, and behavior patterns, and available resources for prevention, treatment, and recovery in culturally relevant ways. The education shall include studies in understanding addiction including addiction to nicotine, the classification and basic pharmacology of drugs, basic physiology and the effects of drug use on the human body and patient, learning styles and teaching methods, delivery of educational programs, health and behavior problems related to substance use including transmission of HIV/AIDS, tuberculosis, sexually transmitted infections, and other infectious diseases, and basic life skills such as stress management, communication, and assertiveness.

(20) “Practice dimensions” means the 8 counselor practice dimensions used to effectively treat substance use disorders. They are:

(a) Clinical evaluation.

(b) Treatment planning.

(d) Service coordination.

(e) Counseling.

(f) Patient, family and community education.

(g) Documentation.

(h) Professional and ethical responsibilities.

(21) “Prevention” means a pro-active process of promoting supportive institutions, neighborhoods and communities that foster an environment conducive to the health and well being of individuals and families. Prevention may be targeted to specific populations or the larger community by any of the following:

(a) Promoting knowledge, attitudes, skills, values and relationships conducive to the health and well being of individuals and families.

(b) Promoting personal competence, significance and empowerment.

(d) Promoting cultural competency and sensitivity to differences.

(e) Promoting community-wide asset building initiatives.

(f) Promoting healthy support systems in families, schools, workplaces and communities.

(g) Promoting healthy lifestyles and resistance to physical and psychological illness or psychological injury.

(h) Involving citizens in creating cultural changes related to health and wellness.

(i) Counteracting harmful circumstances such as substance use, health and safety hazards, isolation, violence, economic hardship and inadequate housing, childcare, transportation, education or social services.

(23) “Prevention specialist” means an individual who holds a prevention specialist certificate granted by the department.

(24) “Prevention specialist-in training” means an individual who holds a prevention specialist-in-training certificate granted by the department.

(24m) “Professional responsibility” means education that addresses standards of conduct or professional behavior expectations for counselors, supervisors, and prevention workers. Professional behavior areas to be studied shall include, at a minimum, legal issues specific to substance use disorder professional practice, patient welfare as a primary concern, responsibility for professional competence and professional development, participation in ongoing supervision and consultation, counselor values and self-care, relationships with other professionals and institutions, and the establishment of limits and boundaries in the patient relationship. This education shall also address the impact of specific cultural, ethnic, and racial influences and expectations.

(25) “Substance” has the meaning given in s. DHS 75.03 (84).

(26) “Substance abuse counselor” means an individual who holds a substance abuse counselor certificate granted by the department.

(27) “Substance abuse counselor-in-training” means an individual who holds a substance abuse counselor-in-training certificate granted by the department.

(28) “Substance use disorder” means the existence of a diagnosis of “substance use disorder” listed in the most current edition of DSM.

(29) “Substance use disorder counselor” means the holder of any credential issued by the department pursuant to s. 440.88, Stats., or issued by any Wisconsin accrediting board and practicing substance use disorder counseling within the scope of their credential.

(30) “Telehealth” has the meaning given in s. 440.01 (1) (hm), Stats.

History

CR 07-031: cr. Register November 2007 No. 623, eff. 12-1-07; correction in (intro.), (9), (12) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671; 2017 Wis. Act 262: cr. (2m), (3) (g), (h), (3m), am. (6), r. (9), (10), cr. (10m), r. (14), (16), cr. (19m), r. (22), cr. (24m), am. (28), r. (29) Register April 2018 No. 748, eff. 5-1-18; CR 25-095: am. (2), (3) (e), r. (4), am. (6), r. and recr. (7), cr. (9), am. (11), cr. (13m), r. (15), am. (25), cr. (29), (30) Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § SPS 160.04 Telehealth practice {#sec-sps-160.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 160.04}

(1) A person who uses telehealth in the diagnosis and treatment of a patient located in this state shall be credentialed to practice by the department.

(2) A person credentialed by the department located in this state treating patients via telehealth, who are not physically located in this state at the time of treatment, must comply with the regulations in the state the patient is physically located at the time of treatment.

(3) A person credentialed by the department shall be held to the same standards of practice and conduct including patient confidentiality and recordkeeping, regardless of whether health care services are provided in person or by telehealth.

(4) A person credentialed by the department who provides substance use disorder counseling services by telehealth is responsible for the quality and safe use of equipment and technology that is integral to patient diagnosis and treatment. The equipment and technology used to provide substance use disorder counseling services by telehealth shall be compliant with HIPAA regulations as established in 45 CFR 160 and 164, as of January 2026, and provide, at a minimum, information that will enable the substance use disorder counselor to meet or exceed the standard of minimally competent counseling practice.

History

CR 25-095: cr. Register May 2026 No. 845, eff. 6-1-26.

Chapter SPS 161 REQUIREMENTS FOR CERTIFICATION

Wis. Admin. Code § SPS 161.01 Substance abuse counselor-in-training application {#sec-sps-161.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 161.01}

An applicant for certification as a substance abuse counselor-in-training shall submit all of the following:

(1) A complete application.

Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

(2) A fee as determined by the department under s. 440.05, Stats.

(3) Evidence of successful passage of the jurisprudence examination.

(4) Evidence of completion of 100 hours of substance use disorder specialized education through a postsecondary institution or department-approved education program. The 100 hours shall be in all of the following:

(a) Fifteen hours in assessment training.

(b) Fifteen hours in counseling training.

(d) Fifteen hours in patient education.

(e) Twenty hours in professional responsibility.

(f) Twenty-five hours in electives in any of the subjects in pars. (a) to (e).

(5) Evidence of current employment, a written offer of employment, internship, practicum, or an agreement authorizing volunteer hours at an agency providing substance use disorder treatment under the supervision of a clinical supervisor approved by the department prior to the start of the supervised practice.

(6) For applicants who have a pending criminal charge or have been convicted of a crime, all related information necessary for the department to determine whether the circumstances of the pending criminal charge or conviction are substantially related to the practice of substance use disorder counseling.

History

2017 Wis. Act 262: cr. Register April 2018 No. 748, eff. 5-1-18; CR 25-095: am. (1), (4) (intro.), (5), (6) Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § SPS 161.02 Substance abuse counselor application {#sec-sps-161.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 161.02}

An applicant for certification as a substance abuse counselor shall submit all of the following:

(1) A complete application.

Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

(2) A fee as determined by the department under s. 440.05, Stats.

(3) Evidence of successful passage of the jurisprudence examination unless the applicant has previously passed the examination in the process of obtaining a substance abuse counselor-in-training credential.

(4) Evidence of completion of 360 hours of substance use disorder specialized education through a postsecondary institution or a department-approved education program. The 360 hours shall be in all of the following:

(a) Sixty hours in assessment training.

(b) Sixty hours in counseling training.

(d) Sixty hours in patient education.

(e) Sixty hours in professional responsibility.

(f) Six hours in boundaries and ethics.

(g) Fifty-four hours in electives in any of the subjects in pars. (a) to (f).

(5) Evidence of successful passage of the National Association for Alcoholism and Drug Abuse Counselors’ NCAC I exam.

(6) Evidence of completion of 3,000 hours of work experience performing the practice dimensions supervised by a clinical supervisor and while holding a valid in-training license. Any 1,500 of the total 3,000 hours of work experience shall be completed within the 5 years immediately preceding the date of application. The 3,000 hours shall also include a minimum of 1,500 hours providing substance use disorder counseling, of which at least 500 hours is in a one-on-one individual modality setting.

(6m) An applicant who has completed any portion of substance use disorder treatment work experience in another state shall be given credit for those hours obtained provided the hours meet the requirements of sub. (6). If the work experience was completed under the supervision of an individual who did not take the National Association for Alcoholism and Drug Abuse Counselors’ NCAC I exam, an applicant shall provide evidence of completion of required work experience hours supervised by an individual who passed the International Certification & Reciprocity Consortium prior to May 1, 2018.

(7) For applicants who have a pending criminal charge or have been convicted of a crime, all related information necessary for the department to determine whether the circumstances of the pending criminal charge or conviction are substantially related to the practice of substance use disorder counseling.

(8) An applicant who holds an active credential listed in s. 440.88 (3m), Stats., may count hours of practice gained under that credential that otherwise meet the requirements of sub. (6) regardless of whether the applicant held a substance abuse-in-training credential or received supervision from a clinical supervisor.

History

2017 Wis. Act 262: cr. Register April 2018 No. 748, eff. 5-1-18; CR 25-095; am. (1), r. and recr. (6), cr. (6m), am. (7), cr. (8) Register May 2026 No. 845, eff. 6-1-26; correction in (8) made under s. 35.17, Stats., Register May 2026 No. 845.

Wis. Admin. Code § SPS 161.03 Clinical substance abuse counselor application {#sec-sps-161.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 161.03}

An applicant for certification as a clinical substance abuse counselor shall submit all of the following:

(1) A complete application.

Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

(2) A fee as determined by the department under s. 440.05, Stats.

(4) Evidence of one of the following:

(a) Holding a substance abuse counselor credential.

(b) Completion of 360 hours of substance use disorder specialized education through a postsecondary institution or department-approved education program. The 360 hours shall be in all of the following:

Sixty hours in assessment training.
Sixty hours in counseling training.
Sixty hours in case management.
Sixty hours in patient education.
Sixty hours in professional responsibility.
Six hours in boundaries and ethics.
Fifty-four hours in electives in any of the subjects in subds. 1. to 6.

(5) Evidence of an associate’s degree or higher in a behavioral science field from an accredited university or college.

(6) Evidence of successful passage of the National Association for Alcoholism and Drug Abuse Counselors’ NCAC I exam.

(7) Evidence of completion of 5,000 hours of work experience performing the practice dimensions, supervised by a clinical supervisor. Any 2,500 hours of the total 5,000 hours of work experience shall be completed within the 5 years immediately preceding the date of application. The 5,000 hours shall also include a minimum of 2,500 hours providing substance use disorder counseling, of which at least 800 hours is in a one-on-one individual modality setting. The hours may include any work experience hours obtained as a requirement of the substance abuse counselor credential.

(7m) An applicant who has completed any portion of substance use disorder treatment work experience in another state shall be given credit for those hours obtained provided the hours meet the requirements of sub. (7). If the work experience was completed under the supervision of an individual who did not take the National Association for Alcoholism and Drug Abuse Counselors’ NCAC I exam, an applicant shall provide evidence of completion of required work experience hours supervised by an individual who passed the International Certification & Reciprocity Consortium prior to May 1, 2018.

(8) For applicants who have a pending criminal charge or have been convicted of a crime, all related information necessary for the department to determine whether the circumstances of the pending criminal charge or conviction are substantially related to the practice of substance use disorder counseling.

(9) An applicant who holds an active credential listed in s. 440.88 (3m), Stats., may count hours of practice gained under that credential that otherwise meet the requirements of sub. (7) regardless of whether the applicant held a substance abuse-in-training credential or received supervision from a clinical supervisor.

History

2017 Wis. Act 262: cr. Register April 2018 No. 748, eff. 5-1-18; CR 25-093: am. (1), (7), cr. (7m), am. (8), cr. (9) Register May 2026 No. 845, eff. 6-1-26; correction in (9) made under s. 35.17, Stats., Register May 2026 No. 845.

Wis. Admin. Code § SPS 161.04 Clinical supervisor-in-training application {#sec-sps-161.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 161.04}

An applicant for certification as a clinical supervisor-in-training shall submit all of the following:

(1) A complete application.

Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

(2) A fee as determined by the department under s. 440.05, Stats.

(3) Evidence of current employment, a written offer of employment, or an agreement authorizing volunteer hours under the supervision of a clinical supervisor approved by the department prior to the start of the supervised practice as a clinical supervisor of counselors providing substance use disorder treatment services who are certified under s. 440.88, Stats., or licensed under s. 457.08 (4), 457.10, 457.12, or 457.14 (1) (d) to (f), Stats.

(4) Evidence of one of the following:

(a) Holding an active clinical substance abuse counselor credential for at least 2 years.

(b) Holding an active license under s. 457.08 (4), 457.10, 457.12, or 457.14 (1) (d) to (f), Stats., at the master’s level or higher.

(5) For applicants who have a pending criminal charge or have been convicted of a crime, all related information necessary for the department to determine whether the circumstances of the pending criminal charge or conviction are substantially related to the practice of substance use disorder counseling.

History

2017 Wis. Act 262: cr. Register April 2018 No. 748, eff. 5-1-18; CR 25-095: am. (1), (3), (4) (a), (b), cr. (5) Register May 2026 No. 845, eff. 6-1-26; correction in (3), (4) (b) made under s. 35.17, Stats., Register May 2026 No. 845.

Wis. Admin. Code § SPS 161.05 Intermediate clinical supervisor or independent clinical supervisor application {#sec-sps-161.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 161.05}

An applicant for certification as an intermediate clinical supervisor or independent clinical supervisor shall submit all of the following:

(1) A complete application.

Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

(2) A fee as determined by the department under s. 440.05, Stats.

(3) Evidence of holding an active credential of one of the following:

(a) Clinical substance abuse counselor.

(b) A license under s. 457.08 (4), 457.10, 457.12, or 457.14 (1) (d) to (f), Stats., at the master’s level or higher.

(4) Evidence of at least one year of clinical supervisory experience as a supervisor-in-training within the last 5 years as the supervisor of counselors certified under s. 440.88, Stats., or having a license under s. 457.08 (4), 457.10, 457.12, or 457.14 (1) (d) to (f), Stats.

(5) Evidence of one of the following:

(b) Successful completion of 30 hours of education in clinical supervision, including a minimum of 6 hours of training in each of the following:

Assessment and evaluation.
Counselor development.
Management and administration.
Professional responsibility.

(6) Evidence of successful passage of the National Association of Alcoholism Counselors and Trainers’ NCSE exam.

History

2017 Wis. Act 262: cr. Register April 2018 No. 748, eff. 5-1-18; CR 25-095: am. (1), (3) (b), (4), r. (5) (a), cr. (7) Register May 2026 No. 845, eff. 6-1-26; correction in (3), (4) made under s. 35.17, Stats., Register May 2026 No. 845.

Wis. Admin. Code § SPS 161.06 Prevention specialist-in-training application {#sec-sps-161.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 161.06}

An applicant for certification as a prevention specialist-in-training shall submit all of the following:

(1) A complete application.

Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

(2) A fee as determined by the department under s. 440.05, Stats.

(3) Evidence of successful completion of 40 hours of approved education, including 5 hours specific to ethics, in the following content areas:

(a) Planning and evaluation.

(b) Prevention education and service delivery.

(d) Community organization.

(e) Public policy and environmental change.

(f) Professional growth and responsibility.

(4) For applicants who have a pending criminal charge or have been convicted of a crime, all related information necessary for the department to determine whether the circumstances of the pending criminal charge or conviction are substantially related to the practice of substance use disorder counseling.

History

2017 Wis. Act 262: cr. Register April 2018 No. 748, eff. 5-1-18; CR 25-095: am. (1), cr. (4) Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § SPS 161.07 Prevention specialist application {#sec-sps-161.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 161.07}

An applicant for certification as a prevention specialist shall submit all of the following:

(1) A complete application.

Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

(2) A fee as determined by the department under s. 440.05, Stats.

(3) Evidence of successful passage of the jurisprudence examination.

(4) Evidence of successful completion of 120 hours of approved education, including 50 hours specific to alcohol, tobacco, and other substance abuse and 6 hours specific to ethics, in the following content areas:

(a) Planning and evaluation.

(b) Prevention education and service delivery.

(d) Community organization.

(e) Public policy and environmental change.

(f) Professional growth and responsibility.

History

2017 Wis. Act 262: cr. Register April 2018 No. 748, eff. 5-1-18; CR 25-095: am. (1), cr. (5) Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § SPS 161.08 Reciprocity {#sec-sps-161.08 omnilex-key=us-wi-regs-official--agency-sps--SPS 161.08}

An applicant holding a current credential in good standing as a substance abuse counselor, clinical substance abuse counselor, clinical supervisor, or prevention specialist or its equivalent in another state or U.S. territory with requirements for the credential that are not lower than specified in this chapter shall submit all of the following:

(1) A complete application.

Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

(2) A fee as determined by the department under s. 440.05, Stats.

(3) For applicants who have a pending criminal charge or have been convicted of a crime, all related information necessary for the department to determine whether the circumstances of the pending criminal charge or conviction are substantially related to the practice of substance use disorder counseling.

(4) For applicants who have had disciplinary or adverse action taken on their substance abuse counselor, clinical substance abuse counselor, clinical supervisor, or prevention specialist credential or its equivalent, all related information necessary for the department to determine whether the circumstances of the disciplinary action or adverse action warrant denial of the application.

(5) Evidence of successful passage of jurisprudence examination.

History

2017 Wis. Act 262: cr. Register April 2018 No. 748, eff. 5-1-18; CR 25-095: am. (intro.), (1), (3), (4) Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § SPS 161.09 Reciprocal credentials for service members, former service members, and their spouses {#sec-sps-161.09 omnilex-key=us-wi-regs-official--agency-sps--SPS 161.09}

A reciprocal license to practice as a substance abuse counselor, clinical supervisor, or prevention specialist shall be granted to a service member, former service member, or the spouse of a service member or former service member who the department determines meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the department may request verification necessary to make a determination under this section.

Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

History

CR 25-095: cr. Register May 2026 No. 845, eff. 6-1-26.

Chapter SPS 162 SUPERVISED PRACTICE

Wis. Admin. Code § SPS 162.01 Required supervision {#sec-sps-162.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 162.01}

(1) Except as provided in s. SPS 162.03 (3), clinical supervisors shall exercise supervisory responsibility over substance abuse counselors-in-training, substance abuse counselors, clinical substance abuse counselors, clinical supervisors-in-training and intermediate clinical supervisors in regard to all activities listed in s. SPS 162.02 (2) and shall provide a minimum of:

(a) Two hours of clinical supervision for every 40 hours of work performed by a substance abuse counselor-in-training.

(b) Two hours of clinical supervision for every 40 hours of counseling provided by a substance abuse counselor.

(d) One meeting each calendar month with a substance abuse counselor-in-training, substance abuse counselor or clinical substance abuse counselor. This meeting may fulfill a part of the requirements of pars. (a) to (c).

(e) One hour of clinical supervision for every 40 hours of counseling provided by a clinical supervisor-in-training.

(2) Supervision in group sessions shall meet all of the following:

(a) The group shall consist of no more than 6 persons for every one person providing supervision.

(b) Each person receiving supervision as part of the group session receives one hour credit for each hour that the group meets for supervision but may not credit any time which is primarily social activity with the group or supervisor as part of a supervision session.

(c) A supervision session for a group or individual which is provided by more than one supervisor may not be credited for more than the actual time elapsed during the supervision session, not including social activities.

History

CR 25-095: cr. Register May 2026 No. 845, eff. 6-1-26; (2) (title) removed under s. 13.92 (4) (b) 2., Stats., Register May 2026 No. 845.

Wis. Admin. Code § SPS 162.02 Supervised practice {#sec-sps-162.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 162.02}

(1) Except as provided in s. SPS 162.03 (3), clinical supervision may be provided by a clinical supervisor, as defined in s. SPS 160.02 (7).

(2) A period of supervised practice of substance use disorder counseling shall include the performance of the practice dimensions and practice in each of the following activities:

(a) Evaluation and assessment of difficulties in psychosocial functioning of a group or another individual.

(b) Developing plans or policies to alleviate those difficulties.

(c) Intervention, which may include psychosocial evaluation and counseling of individuals, families and groups; advocacy; referral to community resources; and facilitation of organizational change to meet social needs.

(d) Counselor development including professional responsibility.

(3) Methods of supervision may include:

(a) Auditing of patient files.

(b) Case review and discussion of active cases.

(d) Video or audio review and observation of the counselor’s professional interaction with patients and staff.

(4) The clinical supervisor’s responsibilities include all of the following:

(a) Permitting a supervisee to engage in only substance use disorder counseling services the supervisor can competently perform.

(b) Being available or making appropriate provision for emergency consultation or intervention.

(d) Being able to interrupt or stop the supervisee from practicing in given cases or recommend to the supervisee’s employer that the employer interrupt or stop the supervisee from practicing in given cases.

(e) Being able to terminate the supervised relationship.

(5) The goals of clinical supervision are to provide the opportunity to develop competency in the transdisciplinary foundations, practice dimensions and core functions, provide a context for professional growth and development and ensure continuity of quality patient care.

(6) Supervision may be performed in person or remotely by means of audio, telephone, video, or data communications.

History

CR 25-095: cr. Register May 2026 No. 845, eff. 6-1-26; correction in (1) made under s. 35.17, Stats., and (4) (title) removed under s. 13.92 (4) (b) 2., Stats., Register May 2026 No. 845.

Wis. Admin. Code § SPS 162.03 Prohibited practices {#sec-sps-162.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 162.03}

(1) A clinical supervisor may not permit students, employees, or supervisees to perform or hold themselves out as competent to perform professional services beyond their training, level of experience, competence or credential.

(2) Clinical supervisors may not disclose supervisee confidences, except:

(a) As mandated by law.

(b) To prevent a clear and immediate danger to a person or persons.

(c) In educational or training settings where there are multiple supervisors, and then only to other professional colleagues who share responsibility for training of the supervisee.

(3) A clinical supervisor-in-training shall not supervise a credential holder acquiring supervised experience as a clinical supervisor-in-training.

(4) The clinical supervisor shall not permit a supervisee to engage in any practice that the supervisee or the clinical supervisor is not competent to perform.

(5) The clinical supervisor shall not sign off on supervised experience that the clinical supervisor did not directly supervise. The department may on a case-by-case basis review supervised experience accrued under a clinical supervisor who is no longer available to sign off the supervised experience of the applicant due to extraordinary circumstances including, but not limited to, death of the supervisor or unplanned relocation of the supervisor.

History

CR 25-095: cr. Register May 2026 No. 845, eff. 6-1-26.

Chapter SPS 163 PRACTICE RESTRICTIONS

Wis. Admin. Code § SPS 163.02 Substance abuse counselor-in-training; limited scope of practice {#sec-sps-163.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 163.02}

The granting of a substance abuse counselor-in-training certificate does not denote or assure competency to provide substance use disorder counseling. A substance abuse counselor-in-training may provide services if authorized and documented by the clinical supervisor.

History

CR 07-031: cr. Register November 2007 No. 623, eff. 12-1-07; correction in (2) (b), (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; 2017 Wis. Act 262: renum. (1) to SPS 163.02 and am., r. (2), (3) Register April 2018 No. 748, eff. 5-1-18.

Chapter SPS 164 UNPROFESSIONAL CONDUCT SUBSTANCE USE DISORDER COUNSELORS

Wis. Admin. Code § SPS 164.01 Unprofessional conduct {#sec-sps-164.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 164.01}

(2) Unprofessional conduct comprises any practice or behavior that violates the minimum standards of the profession necessary for the protection of the health, safety, or welfare of a patient or the public. Misconduct or unprofessional conduct includes the following:

(a) Submitting fraudulent, deceptive, or misleading information in conjunction with an application for a credential.

(b) Violating, or aiding and abetting a violation of, any law or rule substantially related to practice as a substance use disorder counselor. A certified copy of a judgment of conviction is prima facie evidence of a violation.

Note: Pursuant to s. SPS 4.09, all credential holders licensed by the department need to report a criminal conviction within 48 hours after entry of a judgment against them. Instructions on how to report can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

(c) Having a license, certificate, permit, registration, or other practice credential granted by another state or by any agency of the federal government to practice as a substance use disorder counselor, which the granting jurisdiction limits, restricts, suspends, or revokes, or having been subject to other adverse action by a licensing authority, any state agency or an agency of the federal government, including the denial or limitation of an original credential, or the surrender of a credential, whether or not accompanied by findings of negligence or unprofessional conduct. A certified copy of a state or federal final agency decision is prima facie evidence of a violation of this provision.

(d) Failing to notify the department that a license, certificate or registration for the practice of any profession issued to the substance use disorder counselor has been revoked, suspended, limited or denied, or subject to any other disciplinary action by the authorities of any jurisdiction.

(e) Violating or attempting to violate any term, provision, or condition of any order of the department.

(f) Performing or offering to perform services for which the substance use disorder counselor is not qualified by education, training or experience.

(fm) Allowing students or supervisees to perform services for which the substance use disorder counselor is not qualified by education, training, or experience to perform.

(g) Practicing or attempting to practice while the substance use disorder counselor is impaired as a result of any illness that impairs the substance use disorder counselor’s ability to appropriately carry out their professional functions in a manner consistent with the safety of patients or the public.

(h) Using alcohol or any drug to an extent that such use impairs the ability of the substance use disorder counselor to safely or reliably practice, or practicing or attempting to practice while the substance use disorder counselor is impaired due to the utilization of alcohol or other drugs.

(i) Engaging in false, fraudulent, misleading or deceptive behavior associated with the practice as a substance use disorder counselor, including advertising, billing practices, or reporting or falsifying or inappropriately altering patient records.

(j) Discriminating in practice on the basis of age, race, color, sex, religion, creed, national origin, ancestry, disability, gender identity, or sexual orientation.

(k) Revealing to other personnel not engaged in the care of a patient or to members of the public information which concerns a patient’s identity or condition unless release of the information is authorized by the patient or required or authorized by law. This provision shall not be construed to prevent a credential holder from cooperating with the department in the investigation of complaints.

(L) Abusing a patient by any single or repeated act of force, violence, harassment, deprivation, neglect, or mental pressure which reasonably could cause physical pain or injury, mental anguish, or fear.

(m) Engaging in inappropriate sexual contact, exposure, gratification, or other sexual behavior with or in the presence of a patient. For the purposes of this subsection, an adult shall continue to be a patient for 2 years after the termination of professional services. If the person receiving services is a minor, the person shall continue to be a patient for the purposes of this subsection for 2 years after termination of services, or for one year after the patient reaches age 18, whichever is longer.

(n) Failing to avoid dual relationships or relationships that may impair the substance use disorder counselor’s objectivity or create a conflict of interest.

(o) Obtaining or attempting to obtain anything of value from a patient without the patient’s consent.

(p) Obtaining or attempting to obtain any compensation by fraud, misrepresentation, deceit or undue influence in the course of practice.

(q) Offering, giving or receiving commissions, rebates or any other forms of remuneration for a patient referral.

(r) Failing to provide the patient or patient’s authorized representative a reasonable description of anticipated tests, consultation, reports, fees, billing, therapeutic regimen or schedule, or failing to inform a patient of financial interests which might accrue to the substance use disorder counselor for referral to or for any use of service, product or publication.

(s) Failing to conduct an assessment, evaluation, or diagnosis as a basis for treatment provided.

(t) Failing to maintain adequate records relating to services provided a patient in the course of a professional relationship. The substance use disorder counselor shall maintain patient health care records on every patient administered to for a period of not less than 7 years after the date of the last entry, or for such longer period as may be otherwise required by law.

(u) Failing to make reasonable efforts to notify a patient or a patient’s authorized representative when professional services will be interrupted or terminated by the substance use disorder counselor.

(v) Engaging in a single act of gross negligence or in a pattern of negligence as a substance use disorder counselor.

(w) Failing to respond honestly and in a timely manner to a request for information from the department. Taking longer than 30 days to respond to a department request creates a rebuttable presumption that the response is not timely.

(x) Failing to report to the department or to supervisory personnel any violation of the rules of this chapter by a substance use disorder counselor.

(y) Disclosing supervisee confidences, except as follows:

As mandated by law.
To prevent a clear and immediate danger to a person.
In educational or training settings where there are multiple supervisors who share responsibility for training of the supervisee.

(z) Withholding documentation, or approval for submission, of a supervisee’s substance use disorder treatment work experience hours required to obtain a credential.

History

CR 06-060: cr. Register December 2006 No. 612, eff. 1-1-07; correction in (1) (a) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671; 2017 Wis. Act 262: cr. (2) (fm), am. (2) (j) (k), (x), cr. (2) (y) Register April 2018 No. 748, eff. 5-1-18; CR 25-095: r. (1), am. (2) (b), (c), (d), (f) to (i), (n), (r), (t) to (v), (x), cr. (2) (z) Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § SPS 164.02 Telehealth {#sec-sps-164.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 164.02}

The standards of practice and professional conduct under this chapter apply whether the health care service is provided in person or by telehealth.

History

CR 25-095: cr. Register May 2026 No. 845, eff. 6-1-26.

Chapter SPS 165 RENEWAL AND REINSTATEMENT

Wis. Admin. Code § SPS 165.01 Late renewal {#sec-sps-165.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 165.01}

(1) General. A person with an expired credential under s. 440.88, Stats., may not reapply for a credential using the initial application process.

(2) Renewal within 5 years. A person renewing a credential under s. 440.88, Stats., within 5 years after its expiration shall do all of the following:

(a) Pay the renewal fee as determined by the department under s. 440.03 (9) (a), Stats., and any applicable late renewal fee.

(b) Certify the completion of continuing education under ch. SPS 168 during the 2-year period preceding the last renewal date.

(3) Renewal after 5 years. This subsection does not apply to a credential holder who has unsatisfied disciplinary requirements. A person renewing a credential under s. 440.88, Stats., after 5 years of its expiration shall do all of the following:

(a) Pay the renewal fee as determined by the department under s. 440.03 (9) (a), Stats., and the late renewal fee.

(b) Provide evidence of one of the following:

Holding a substantially equivalent credential in another state.
Completion of 60 hours of continuing education in the last 2 years, including 6 hours on ethics and boundaries and 6 hours of psychopharmacology.

History

2017 Wis. Act 262: cr. Register April 2018 No. 748, eff. 5-1-18.

Wis. Admin. Code § SPS 165.02 Reinstatement {#sec-sps-165.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 165.02}

A credential holder who has unsatisfied disciplinary requirements and has not renewed a credential under s. 440.88, Stats., within 5 years of its expiration or whose credential under s. 440.88, Stats., has been surrendered or revoked may apply for the credential to be reinstated by submitting all of the following:

(1) Evidence of completion of the requirements in s. SPS 165.01 (3) if the credential has not been active within the past 5 years.

(2) Evidence of completion of disciplinary requirements, if applicable.

(3) Evidence of rehabilitation or change in circumstances warranting reinstatement.

History

2017 Wis. Act 262: cr. Register April 2018 No. 748, eff. 5-1-18.

Chapter SPS 166 EDUCATION APPROVAL

Wis. Admin. Code § SPS 166.01 Approval of substance use disorder counselor education {#sec-sps-166.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 166.01}

(1) An application to be a department-approved education program shall include all of the following:

(a) A detailed outline of each course, or for core competency programs a detailed outline of each core competency and how the competency will be measured.

(b) For each course or core competency, indicate the allocation of hours or competency hour equivalencies for the following content areas:

Assessment training.
Counseling training.
Case management.
Patient education.
Professional responsibility.
Boundaries and ethics.

The instructor holds one of the following credentials in good standing:

a. Substance abuse counselor.

b. Clinical substance abuse counselor.

c. A license under ss. 457.08 (4), 457.10, 457.12, or 457.14 (1) (d) to (f), Stats.

The instructor is a physician with knowledge and experience related to substance use disorder counseling.
The instructor is a psychologist with knowledge and experience related to substance use disorder counseling.
The instructor is an instructor of substance use disorder related courses at an accredited institution.

(2) An instructor whose credential has been limited, suspended, or revoked may not instruct in an approved program while the disciplinary action is in effect.

(3) An approved program shall inform the department in advance of any major change in a course or instructor qualifications.

(4) An approval of a program remains in effect for 5 years. After 5 years, the program shall resubmit a new application to become an approved educational program.

(5) An approved program shall provide a certificate of completion or transcript to each student and shall retain student records for at least 7 years after a student has completed the program.

History

2017 Wis. Act 262: cr. Register April 2018 No. 748, eff. 5-1-18; CR 25-095: am. (title), (1) (c) 1. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § SPS 166.02 Approved prevention specialist education {#sec-sps-166.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 166.02}

The department shall accept prevention specialist training provided, sponsored, or approved by any of the following:

(1) An accredited college or university.

(2) The Recovery and Addiction Professionals of Wisconsin.

(3) The National Association of Alcohol and Drug Abuse Counselors.

(7) The federal department of health and human services, or its agencies, institutes, administrations, or centers.

(8) The White House Office of National Drug Control Policy.

(9) The department of health services.

(10) The department of public instruction.

History

2017 Wis. Act 262: cr. Register April 2018 No. 748, eff. 5-1-18; CR 25-095: am. (2), r. (4) to (6) Register May 2026 No. 845, eff. 6-1-26.

Chapter SPS 167 PROFESSIONAL LIABILITY INSURANCE

Wis. Admin. Code § SPS 167.01 Insurance requirement {#sec-sps-167.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 167.01}

(1) Except as provided in sub. (2), a person certified under s. 440.88, Stats., shall not practice substance use disorder counseling without active professional liability insurance in the amount of at least $1,000,000 for each occurrence and $3,000,000 for all occurrences in one year.

(2) Subsection (1) does not apply to a person practicing substance use disorder counseling as an employee of a federal, state, or local governmental agency, if the practice is part of the duties for which they are employed and is solely within the confines of or under the jurisdiction of the agency that employs them.

History

CR 07-031: cr. Register November 2007 No. 623, eff. 12-1-07; CR 25-095: am. Register May 2026 No. 845, eff. 6-1-26.

Chapter SPS 168 CONTINUING EDUCATION

Wis. Admin. Code § SPS 168.01 Continuing education requirements {#sec-sps-168.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 168.01}

(1) Unless granted a postponement or waiver of the continuing education requirements under s. SPS 168.03, a substance use disorder counselor or prevention specialist shall complete 30 continuing education credit hours in approved continuing education programs during each 2-year credential period and shall certify on the renewal application that all required continuing education was completed.

(2) A minimum of 4 continuing education credit hours of the required 30 credit hours shall be in the area of professional ethics and boundaries.

(3) A credential holder who also holds an active license granted under ss. 457.08 (2) to (4), 457.10, 457.11, 457.12, 457.13, or 457.14 (1) (b) to (f), Stats., may satisfy the continuing education requirements by meeting the continuing education requirements under s. 457.22, Stats.

(4) A clinical supervisor shall complete 4 hours of continuing education each 2-year credential period related to the supervision of substance use disorder counselors. The 4 hours completed under this subsection may count toward the continuing education required for renewal of a clinical substance abuse counselor certification.

(5) A new credential holder is not required to satisfy continuing education requirements during the time between initial credentialing and commencement of a full 2-year credential period.

(6) Continuing education credit hours shall apply only to the 2-year credential period during which the credit hours are completed. If a credential holder fails to satisfy the continuing education requirements during a 2-year credential period, any additional continuing education credit hours completed on or after the renewal date to satisfy the requirement of the preceding period will not apply to the period during which they are earned.

History

2017 Wis. Act 262: cr. Register April 2018 No. 748, eff. 5-1-18; CR 25-095:am. (1), (3), (4) Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § SPS 168.02 Approved continuing education {#sec-sps-168.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 168.02}

(1) A continuing education program is approved if it is relevant to the practice of substance use disorder counseling and any of the following applies:

(a) The program is approved, sponsored, provided, endorsed, or authorized by any of the following:

The National Association of Alcohol and Drug Abuse Counseling or one of its affiliated divisions.
The International Certification & Reciprocity Consortium.
The American Association for Marriage and Family Therapy or one of its affiliated divisions.
The Wisconsin Association for Marriage and Family Therapy.
The National Rehabilitation Counseling Association.
The American Rehabilitation Counseling Association.
The National Board for Certified Counselors.
The Commission on Rehabilitation Counselor Certification.
The Association of Social Work Boards.
The National Association of Social Workers or one of its affiliated chapters.
The Association of Baccalaureate Program Directors.
The Council on Social Work Education.
The Wisconsin Counseling Association.
The American Counseling Association.
The American Mental Health Counselors Association.

(b) The program or course is offered by a training program accredited by the Commission on Accreditation for Marriage and Family Therapy Education.

(c) The program is approved, sponsored, or co-sponsored by a presenter approved by the Committee for the Approval of Continuing Education Sponsors of the American Psychological Association.

(d) The program or course is offered by an accredited college or university. A credential holder shall receive 15 continuing education credit hours for completing a semester course approved under this paragraph.

(e) The program is an employee sponsored inservice training and development program. No more than 15 continuing education credit hours earned through employee sponsored in-service training and development programs that are not approved under par. (a), (b), (c), or (d) may count toward satisfying continuing education requirements.

(2)

(a) A person may earn continuing education credit hours for engaging in any of the following activities, if the activity is relevant to the practice of substance use disorder counseling:

‘Presenting professional material.’ One continuing education credit hour is earned under this subdivision for each hour of a continuing education presentation, except that 15 credit hours are earned for presenting a semester-long educational course. No continuing education credit hours are earned by a person for repeating a presentation for which the person has previously earned continuing education credit hours. A person who presents for any of the following may earn continuing education credit hours under this subdivision:

a. A seminar, workshop, program, or institution that is approved under sub. (1).

b. A university, college, or vocational technical adult education course.

‘Developing professional material.’ One continuing education credit hour is earned under this subdivision for each hour spent developing continuing education professional material.
‘Authoring a published textbook or professional resource book.’ Fifteen continuing education credit hours are earned for authoring a book under this subdivision.
‘Authoring a professional journal article or a chapter published in a textbook or professional resource book.’ Eight continuing education credit hours are earned for authoring an article or chapter under this subdivision.

(b) A person may earn up to 15 continuing education credit hours that count toward satisfying continuing education requirements by completing continuing education that is approved under par. (a).

History

2017 Wis. Act 262: cr. Register April 2018 No. 748, eff. 5-1-18; CR 25-095: am. (1) (intro.), r. (1) (a) 7., cr. (1) (a) 14. to 16., am. (2) (a) (intro.), 1. (intro.) Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § SPS 168.03 Postponement or waiver {#sec-sps-168.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 168.03}

A holder of a credential under s. 440.88, Stats., may apply to the department for a postponement or waiver of the requirements under this chapter on grounds of prolonged illness, disability, or other grounds constituting extreme hardship. The department shall consider each application individually on its merits.

History

2017 Wis. Act 262: cr. Register April 2018 No. 748, eff. 5-1-18.

Chapter SPS 174 REGISTERED SANITARIANS AUTHORITY, SCOPE, PURPOSE AND DEFINITIONS

Wis. Admin. Code § SPS 174.01 Authority and intent {#sec-sps-174.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 174.01}

The rules in chs. SPS 174 to 177 are adopted pursuant to s. 440.98, Stats.

History

CR 06-125: cr. Register July 2007 No. 619, eff. 8-1-07; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 174.02 Scope {#sec-sps-174.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 174.02}

The rules in chs. SPS 174 to 177 shall apply to all persons educated and experienced in the field of environmental health who desire to be registered as a “registered sanitarian.”

History

CR 06-125: cr. Register July 2007 No. 619, eff. 8-1-07; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Wis. Admin. Code § SPS 174.03 Purpose {#sec-sps-174.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 174.03}

Sanitarian registration minimum qualifications are established to:

(1) Safeguard life, health and the environment.

(2) Identify persons qualified in environmental health services.

(3) Develop reciprocity agreements with states having equivalent registration requirements.

(4) Promote the delivery of environmental health services by qualified individuals certified on the basis of recognized examination.

History

CR 06-125: cr. Register July 2007 No. 619, eff. 8-1-07.

Wis. Admin. Code § SPS 174.04 Definitions {#sec-sps-174.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 174.04}

In chs. SPS 174 to 177:

(1) “Accredited college or university” means an educational institution that is accredited by a regional or national accrediting agency recognized by the U.S. Department of Education.

(2) “Department” means the department of safety and professional services.

(3) “Environmental health” means the science and art which pertains to the protection of human health through the assessment, management, control and prevention of environmental factors that may adversely affect the health, comfort, safety or well being of individuals or the environment.

(4) “Field of environmental health” means employment, whether private or public, where the principles of environmental health are directly applied to one or more of the following areas:

(a) Air quality.

(b) Food protection.

(d) Product safety.

(e) Housing.

(f) Institutional health and safety.

(g) Radiation protection.

(h) Recreational areas and waters.

(i) Solid waste management.

(j) Vector control.

(k) Water quality.

(L) Wastewater technology and management.

(m) Hazardous waste management.

(n) Industrial hygiene.

(o) Water supply.

(5) “Full-time equivalent employment” means an accumulation of 2,080 hours for one year of creditable employment experience in the field of environmental health. All creditable hours shall be within the scope of environmental health practice.

(6) “Nationally recognized professional examination” means a department-approved written examination designed to assess the knowledge and competence of professional sanitarians.

(7) “Registered sanitarian” means a sanitarian or environmental health professional registered in accordance with the provisions of chs. SPS 174 to 177 and s. 440.98, Stats.

(8) “Registered sanitarian advisory committee” means the committee established by the secretary of the department, pursuant to s. 440.042, Stats., to advise the department in matters related to the administration of chs. SPS 174 to 177.

History

CR 06-125: cr. Register July 2007 No. 619, eff. 8-1-07; correction in (intro.), (2), (7), (8) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671.

Chapter SPS 175 APPLICATION FOR REGISTRATION

Wis. Admin. Code § SPS 175.02 Application for registration {#sec-sps-175.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 175.02}

An applicant for registration as a sanitarian shall submit all of the following:

(1) A completed application on the form supplied by the department.

(2) The required fee under s. 440.03 (9) (a), Stats.

(3) Evidence of passage of the examination required under ch. SPS 176.

(4) An original official transcript evidencing completion of the education requirement in s. SPS 175.025. The transcript must be sent by the educational institution to the department.

(5) Verification of the work experience requirement in s. SPS 175.025, which shall include a detailed description of the position held, length of employment, duties of the position, and number of hours worked per year in the field of environmental health. This verification shall be submitted by the applicant’s work supervisor for each position used to meet the work experience requirement.

History

CR 06-125: cr. Register July 2007 No. 619, eff. 8-1-07; CR 19-065: r. and recr. Register March 2020 No. 771, eff. 4-1-20; correction in (2) made under s. 35.17, Stats., Register March 2020 No. 771.

Wis. Admin. Code § SPS 175.025 Required education and work experience {#sec-sps-175.025 omnilex-key=us-wi-regs-official--agency-sps--SPS 175.025}

An applicant for registration must have completed one of the following combinations of education and work experience:

(1) A baccalaureate or higher degree in environmental health from an accredited college or university with at least 30 semester or 45 quarter hour academic credits in environmental, physical, biological, chemical, or environmental health areas and one year of full-time equivalent employment in the field of environmental health.

(2) A baccalaureate or higher degree in physical or biological sciences from an accredited college or university with at least 30 semester or 45 quarter hour academic credits in environmental, physical, biological, chemical, or environmental health areas and 2 years of full-time equivalent employment in the field of environmental health.

(3) A baccalaureate or higher degree from an accredited college or university and 4 years of full-time equivalent employment in the field of environmental health.

(4) An associate degree from an accredited college, community college or technical institute in environmental, physical, biological or chemical sciences, and 5 years of full-time equivalent employment in the field of environmental health.

(5) An associate degree from an accredited college, community college or technical institute and 8 years of full-time equivalent employment in the field of environmental health.

History

CR 19-065: cr. Register March 2020 No. 771, eff. 4-1-20.

Wis. Admin. Code § SPS 175.05 Application review {#sec-sps-175.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 175.05}

(1) An applicant shall submit a completed application for registration and application fee to the department.

(2) The department shall make an investigation as it deems necessary to determine if the applicant shall receive a certificate of registration and may request additional documentation prior to approving an application.

(3) The applicant shall be notified in writing of the department’s decision regarding their application. An applicant may appeal the application review decision of the department in accordance with ch. SPS 1 procedures.

History

CR 06-125: cr. Register July 2007 No. 619, eff. 8-1-07; correction in (1), (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 19-065: am. (1), (2) Register March 2020 No. 771, eff. 4-1-20.

Wis. Admin. Code § SPS 175.06 Reciprocal licensure and certification {#sec-sps-175.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 175.06}

(1) Reciprocity generally. Upon application and payment of the appropriate application fee, an applicant who holds a certificate of registration or license as a sanitarian in good standing issued by the proper authority of any state, territory, or possession of the United States, any foreign country, or any other organization that registers or certifies sanitarians, may receive a certificate in this state provided that the requirements for the registration in the other jurisdiction are comparable to the qualifications for registration in this chapter. The successful passage of a recognized professional examination of any state, territory or possession of the United States, any foreign country or any other organization may be construed as tantamount to passing the required examination recognized by the department, provided that the scope of the examination and the applicant’s passing score are comparable to the examination and passing score administered under this chapter.

(2) Reciprocity for service members, former service members, and spouses of service members or former service members. A reciprocal sanitarian registration shall be granted to an applicant who is a service member, former service member, or the spouse of a service member or former service member as defined in s. 440.09 (1), Stats., if the department determines that the applicant meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the department may request verification necessary to make a determination under this subsection.

History

CR 06-125: cr. Register July 2007 No. 619, eff. 8-1-07; CR 21-056: r. and recr. Register July 2023 No. 811, eff. 8-1-23.

Chapter SPS 176 EXAMINATIONS

Wis. Admin. Code § SPS 176.01 Examination requirements {#sec-sps-176.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 176.01}

(1) Each applicant for registration shall be required to pass a nationally recognized professional examination or other professional examination approved by the department.

(2) Notice of eligibility to take the national examination shall be provided to each applicant by the department. The notice of eligibility shall be presented by the applicant to gain admittance to the examination site.

History

CR 06-125: cr. Register July 2007 No. 619, eff. 8-1-07; CR 19-065: am. (2), r. (3) Register March 2020 No. 771, eff. 4-1-20.

Wis. Admin. Code § SPS 176.02 Notice of examination results {#sec-sps-176.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 176.02}

(1) An applicant for registration shall receive notification of their examination results.

(2) An applicant must receive a passing grade determined by the department to represent the minimum competence to practice. The department may accept the passing grade recommendation of a testing agency whose examination has been approved by the department.

(3) The department may refuse to release the grade or issue a certificate of registration if the department determines that an applicant violated the rules of conduct of the examination or otherwise acted dishonestly.

History

CR 06-125: cr. Register July 2007 No. 619, eff. 8-1-07.

Wis. Admin. Code § SPS 176.03 Reexamination {#sec-sps-176.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 176.03}

An applicant who fails to achieve passing grades on the examinations required under this chapter may reapply for examination on forms provided by the department. No applicant shall make more than 3 attempts to pass the examination within any 12 month period. For each reexamination, the applicant shall pay the reexamination fee specified by the department.

Note: Application forms are available on request to the department located at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 or from the department’s website at: http://dsps.wi.gov.

History

CR 06-125: cr. Register July 2007 No. 619, eff. 8-1-07.

Chapter SPS 177 UNPROFESSIONAL CONDUCT

Wis. Admin. Code § SPS 177.01 Authority and intent {#sec-sps-177.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 177.01}

(1) The rules of conduct in this chapter are adopted under authority of ss. 227.11 (2) and 440.98, Stats.

(2) The intent of the department in adopting this chapter is to establish rules of professional conduct for the profession of registered sanitarians. A violation of any standard specified in this chapter may result in disciplinary action under s. 440.98 (9), Stats.

History

CR 06-125: cr. Register July 2007 No. 619, eff. 8-1-07.

Wis. Admin. Code § SPS 177.02 Unprofessional conduct {#sec-sps-177.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 177.02}

A registered sanitarian shall comply with the standards of practice established by s. 440.98, Stats., and this chapter. The violation of any provision of this chapter, or the aiding or abetting of any of the following constitutes unprofessional conduct and may result in disciplinary action:

(1) Making a materially false, misleading, deceptive, or fraudulent representation in an application for a certificate of registration, including misrepresenting qualifications, education, experience, credentials or professional affiliations.

(2) An administrative or judicial determination that the registered sanitarian has made false, misleading, deceptive, or fraudulent representations in the course of practice as a registered sanitarian.

(3) Any sanction, suspension, or disciplinary action taken against the registered sanitarian in this state or another jurisdiction arising out of any occupational or professional conduct.

(4) Violating any rule adopted by the department relating to the practice of a registered sanitarian, or any term, provision, or condition of any order issued by the department.

(5) Failing to practice as a registered sanitarian within the scope of the registered sanitarian’s competence, education, training and experience.

(6) Practicing in a manner that substantially departs from the standard of care ordinarily exercised by a registered sanitarian or any gross professional negligence, incompetence, or misconduct.

(7) Failing to notify the department of any criminal conviction within 30 days after the date of conviction and failing to provide a copy of the judgment of conviction to the department. Conviction of any crime which is substantially related to the practice of a registered sanitarian shall be grounds for discipline against the registered sanitarian.

(8) Subject to ss. 111.321, 111.322 and 111.335, Stats., to have been convicted of a felony in this state or a crime in another state that if committed in this state would be a felony.

(9) Failing to cooperate in a timely manner with the department’s investigation of a complaint filed against the registered sanitarian. A registered sanitarian who takes longer than 30 calendar days to respond to a request of the department is subject to a rebuttable presumption of failing to act in a timely manner under this subsection.

History

CR 06-125: cr. Register July 2007 No. 619, eff. 8-1-07.

Chapter SPS 180 AUTHORITY AND DEFINITIONS

Wis. Admin. Code § SPS 180.01 Authority {#sec-sps-180.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 180.01}

The rules in chs. SPS 180 to 183 are adopted under the authority of ss. 227.11 (2) and 440.08 (3), Stats., and subch. XIII of ch. 440, Stats.

History

CR 06-096: cr. Register December 2006 No. 612, eff. 5-1-07; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 19-066: am. Register January 2020 No. 769, eff. 2-1-20.

Wis. Admin. Code § SPS 180.02 Definitions {#sec-sps-180.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 180.02}

As used in chs. SPS 180 to 183 and in subch. XIII of ch. 440, Stats.:

(1) “Administer” means the direct provision of a prescription drug or device, whether by injection, ingestion or any other means, to the body of a client.

(1m) “Automated external defibrillator” has the meaning given in s. 440.01 (1) (ad), Stats.

(2) “Client” means a woman who obtains maternity care provided by a licensed midwife.

(3) “Consultation” means discussing the aspects of an individual client’s circumstance with other professionals to assure comprehensive and quality care for the client, consistent with the objectives in the client’s treatment plan or for purposes of making adjustments to the client’s treatment plan. Consultation may include history-taking, examination of the client, rendering an opinion concerning diagnosis or treatment, or offering service, assistance or advice.

(3m) “Defibrillation” has the meaning given in s. 440.01 (1) (ag), Stats.

(4) “Department” means the department of safety and professional services.

(5) “Direct supervision” means immediate on-premises availability to continually coordinate, direct and inspect at first hand the practice of another.

(7) “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d et seq.

(8) “Licensed midwife” means a person who has been granted a license under subch. XIII of ch. 440, Stats., to engage in the practice of midwifery.

(9) “Practice of midwifery” means providing maternity care during the antepartum, intrapartum, and postpartum periods consistent with the standards of practice set forth in ch. SPS 182.

(10) “Temporary permit” means a credential granted under s. SPS 181.01 (4), to an individual to practice midwifery under the direct supervision of a licensed midwife pending successful completion of the requirements for a license under s. SPS 181.01 (1).

(11) “Ventricular fibrillation” has the meaning given in s. 440.01 (1) (i), Stats.

History

CR 06-096: cr. Register December 2006 No. 612, eff. 5-1-07; CR 08-087: cr. (1m), (3m), (11) Register August 2011 No. 668, eff. 9-1-11; corrections in (4) and (6) made under s. 13.92 (4) (b) 6. and 7., Stats., Register August 2011 No. 668; correction in (intro.), (9), (10) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 19-066: am. (intro.), renum. (1m) (intro.) to (1m) and am., r. (1m) (a) to (c), am. (3m), r. (6), am. (8), (11) Register January 2020 No. 769, eff. 2-1-20.

Chapter SPS 181 APPLICATIONS FOR LICENSURE, RENEWAL OF LICENSES AND TEMPORARY PERMITS

Wis. Admin. Code § SPS 181.01 Applications {#sec-sps-181.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 181.01}

(1) Licenses. An individual who applies for a license as a midwife shall apply on a form provided by the department. An applicant who fails to comply with a request for information related to the application, or fails to meet all requirements for the license within 120 calendar days from the date of filing shall file a new application and fee if licensure is sought at a later date. The application shall include all of the following:

(a) The fee specified in s. 440.03 (9), Stats.

(b) Evidence satisfactory to the department of one of the following:

That the applicant holds a valid certified professional midwife credential granted by the North American Registry of Midwives or a successor organization.
That the applicant holds a valid certified nurse-midwife credential granted by the American College of Nurse Midwives or a successor organization.

(c) That the applicant, subject to ss. 111.321, 111.322 and 111.335, Stats., does not have an arrest or conviction record. An applicant who has a pending criminal charge or has been convicted of any crime or ordinance violation shall provide the department with all information requested relating to the applicant’s pending criminal charge, conviction or other offense, as applicable. The department may not grant a midwife license to a person 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, 948.06, 948.07, 948.075, 948.08, 948.09, 948.095, 948.10, 948.11 or 948.12, Stats.

(d) Evidence satisfactory to the department that the applicant 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), Stats., to provide the instruction.

Note: Applications for licensure as a midwife are available from the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935, or from the department’s website at: http://dsps.wi.gov.

(1m) Reciprocity for service members, former service members, and spouses of service members or former service members. A reciprocal midwife license shall be granted to an applicant who is a service member, former service member, or the spouse of a service member or former service member as defined in s. 440.09 (1), Stats., if the department determines that the applicant meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the department may request verification necessary to make a determination under this subsection.

(2) Renewal of licenses.

(a) Except for temporary permits granted under sub. (4), the renewal date for licenses granted under subch. XIII of ch. 440, Stats., is July 1 of each even-numbered year.

(b) Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a) 46w., Stats.

(c) At the time of renewal of a license under par. (b), a licensed midwife shall submit proof satisfactory to the department of all of the following:

The licensee holds a valid certified professional midwife credential from the North American Registry of Midwives or a successor organization, or a valid certified nurse-midwife credential from the American College of Nurse Midwives or a successor organization.
The licensee 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), Stats., to provide the instruction.

(3) Late renewal of licenses. A licensed midwife who fails to renew a license by the renewal date may renew the license by submitting an application on a form provided by the department and satisfying the following requirements:

(a) If applying less than 5 years after the renewal date, satisfy the requirements under sub. (2), and pay the late renewal fee specified in s. 440.08 (3), Stats.

(b) If applying 5 years or more after the renewal date, satisfy the requirements under sub. (2); pay the late renewal fee specified in s. 440.08 (3), Stats., and submit proof of one or more of the following, as determined by the department to ensure protection of the public health, safety and welfare:

Successful completion of educational course work.
Successful completion of the national examination required by the North American Registry of Midwives for certification as a certified professional midwife or successful completion of the national examination required by the American College of Nurse Midwives for certification as a certified nurse-midwife.

(4) Temporary permits.

(a) Application. An applicant seeking a temporary permit shall apply on a form provided by the department. An applicant who fails to comply with a request for information related to the application, or fails to meet all requirements for a permit within 120 calendar days from the date of filing shall submit a new application and fee if a permit is sought at a later date. The application shall include all of the following:

The fee specified in s. 440.05 (6), Stats.
Evidence satisfactory to the department of all of the following:

a. The applicant is actively engaged as a candidate for certification with the North American Registry of Midwives or a successor organization; or is currently enrolled in the portfolio evaluation process program through the North American Registry of Midwives or a successor organization, or a certified professional midwife educational program accredited by the Midwifery Education Accreditation Council.

b. The applicant has received a written commitment from a licensed midwife to directly supervise the applicant’s practice of midwifery during the duration of the temporary permit.

c. The applicant is currently certified by the American Red Cross or American Heart Association in neonatal resuscitation.

d. The applicant is currently certified by the American Red Cross or American Heart Association in adult cardiopulmonary resuscitation.

e. The applicant has attended at least 5 births as an observer.

f. The applicant, subject to ss. 111.321, 111.322 and 111.335, Stats., does not have an arrest or conviction record. An applicant who has a pending criminal charge or has been convicted of any crime or ordinance violation shall provide the department with all information requested relating to the applicant’s pending criminal charge, conviction or other offense, as applicable. The department may not grant a temporary permit to a person 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, 948.06, 948.07, 948.075, 948.08, 948.09, 948.095, 948.10, 948.11 or 948.12, Stats.

Note: Applications are available from the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935, or from the department’s website at: http://dsps.wi.gov.

(b) Duration of permit.

The duration of a temporary permit is for a period of 3 years or until the permit holder ceases to be currently registered or actively engaged as a candidate for certification as specified in par. (a) 2., whichever is shorter.
A licensed midwife with a written commitment to supervise the holder of a temporary permit shall notify the department immediately of a termination of the supervisory relationship.
Upon termination of a supervisory relationship, the temporary permit shall be automatically suspended until the permit holder obtains another written supervisory commitment that complies with par. (a) 2. b.
The department may in its discretion grant renewal of a temporary permit. Renewal shall be granted only once and for a period of no more than 3 years. A permit holder seeking renewal of a temporary permit shall submit documentation that satisfies the requirements for an initial permit under par. (a).

Note: The North American Registry of Midwives may be contacted at 5257 Rosestone Dr., Lilburn, GA 30047, 1-888-842-4784. The American College of Nurse-Midwives may be contacted at 8403 Colesville Road, Suite 1550, Silver Spring, MD 20910, (240) 485-1800.

History

CR 06-096: cr. Register December 2006 No. 612, eff. 5-1-07; CR 08-087: cr. (1) (d), (2) (c) 1., 2., renum. (2) (c) to be (2) (c) (intro.) and am., am. (4) (b) 4. Register August 2011 No. 668, eff. 9-1-11; CR 19-066: am. (1) (a), (c), (2) (a), (4) (a) 2. b., f. Register January 2020 No. 769, eff. 2-1-20; CR 21-056: cr. (1m) Register July 2023 No. 811, eff. 8-1-23.

Chapter SPS 182 STANDARDS OF PRACTICE

Wis. Admin. Code § SPS 182.01 Standards {#sec-sps-182.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 182.01}

Licensed midwives shall comply with the standards of practice of midwifery established by the National Association of Certified Professional Midwives.

Note: The standards of the National Association of Certified Professional Midwives are set forth in ch. SPS 183 Appendix I. The National Association of Certified Professional Midwives may be contacted at 234 Banning Road, Putney, VT 05346, (866) 704-9844.

History

CR 06-096: cr. Register December 2006 No. 612, eff. 5-1-07.

(1) Disclosure of information to client. A licensed midwife shall, at an initial consultation with a client, provide a copy of the rules promulgated by the department under subch. XIII of ch. 440, Stats., and disclose to the client orally and in writing on a form provided by the department all of the following:

(a) The licensed midwife’s experience and training.

(b) Whether the licensed midwife has malpractice liability insurance coverage and the policy limits of the coverage.

(d) A protocol for and disclosure of risks associated with vaginal birth after a cesarean section.

(e) The number of babies delivered and the number of clients transferred to a hospital since the time the licensed midwife commenced practice of midwifery.

(f) A statement that the licensed midwife does not have the equipment, drugs or personnel available to perform neonatal resuscitations that would normally be available in a hospital setting.

Note: Forms are available from the Department of Safety and Professional Services, Division of Professional Credential Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935, or from the department’s website at: http://dsps.wi.gov.

(1m) Disclosure of information by temporary permit holder. A temporary permit holder shall inform a client orally and in writing that the temporary permit holder may not engage in the practice of midwifery unless the temporary permit holder practices under the direct supervision of a licensed midwife.

(2) Acknowledgement by client. A licensed midwife shall, at an initial consultation with a client, provide a copy of the written disclosures required under sub. (1), to the client and obtain the client’s signature acknowledging that she has been informed, orally and in writing, of the disclosures required under sub. (1).

History

CR 06-096: cr. Register December 2006 No. 612, eff. 5-1-07; CR 19-066: am. (1) (intro.), (e), (1m) Register January 2020 No. 769, eff. 2-1-20.

Wis. Admin. Code § SPS 182.03 Practice {#sec-sps-182.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 182.03}

(1) Testing, care and screening. A licensed midwife shall:

(a) Offer each client routine prenatal care and testing in accordance with current American College of Obstetricians and Gynecologists guidelines.

(b) Provide all clients with a plan for 24 hour on-call availability by a licensed midwife, certified nurse-midwife or licensed physician throughout pregnancy, intrapartum, and 6 weeks postpartum.

(c) Provide clients with labor support, fetal monitoring and routine assessment of vital signs once active labor is established.

(d) Supervise delivery of infant and placenta, assess newborn and maternal well being in immediate postpartum, and perform Apgar scores.

(e) Perform routine cord management and inspect for appropriate number of vessels.

(f) Inspect the placenta and membranes for completeness.

(g) Inspect the perineum and vagina postpartum for lacerations and stabilize.

(h) Observe mother and newborn postpartum until stable condition is achieved, but in no event for less than 2 hours.

(i) Instruct the mother, father and other support persons, both verbally and in writing, of the special care and precautions for both mother and newborn in the immediate postpartum period.

(j) Reevaluate maternal and newborn well being within 36 hours of delivery.

(k) Use universal precautions with all biohazard materials.

(L) Ensure that a birth certificate is accurately completed and filed in accordance with state law.

(m) Offer to obtain and submit a blood sample in accordance with the recommendations for metabolic screening of the newborn.

(n) Offer an injection of vitamin K for the newborn in accordance with the indication, dose and administration route set forth in sub. (3).

(o) Within one week of delivery, offer a newborn hearing screening to every newborn or refer the parents to a facility with a newborn hearing screening program.

(p) Within 2 hours of the birth offer the administration of antibiotic ointment into the eyes of the newborn, in accordance with state law on the prevention of infant blindness.

(q) Maintain adequate antenatal and perinatal records of each client and provide records to consulting licensed physicians and licensed certified nurse-midwives, in accordance with HIPAA regulations.

(2) Prescription drugs, devices and procedures. A licensed midwife may administer the following during the practice of midwifery:

(a) Oxygen for the treatment of fetal distress.

(b) Eye prophylactics – 0.5% erythromycin ophthalmic ointment or 1% tetracycline ophthalmic ointment for the prevention of neonatal ophthalmia.

(d) Methyl-ergonovine, or methergine, for the treatment of postpartum hemorrhage.

(e) Vitamin K for the prophylaxis of hemorrhagic disease of the newborn.

(f) RHo (D) immune globulin for the prevention of RHo (D) sensitization in RHo (D) negative women.

(g) Intravenous fluids for maternal stabilization – 5% dextrose in lactated Ringer’s solution (D5LR), unless unavailable or impractical in which case 0.9% sodium chloride may be administered.

(h) In addition to the drugs, devices and procedures that are identified in pars. (a) to (g), a licensed midwife may administer any other prescription drug, use any other device or perform any other procedure as an authorized agent of a licensed practitioner with prescriptive authority.

Note: Licensed midwives do not possess prescriptive authority. A licensed midwife may legally administer prescription drugs or devices only as an authorized agent of a practitioner with prescriptive authority. For physicians and advanced practice nurses, an agent may administer prescription drugs or devices pursuant to written standing orders and protocols.

Note: Medical oxygen, 0.5% erythromycin ophthalmic ointment, tetracycline ophthalmic ointment, oxytocin (pitocin), methyl-ergonovine (methergine), injectable vitamin K and RHo (D) immune globulin are prescription drugs. See s. SPS 180.02 (1).

(3) Indications, dose, administration and duration of treatment. The indications, dose, route of administration and duration of treatment relating to the administration of drugs and procedures identified under sub. (2) are as follows:

(4) Consultation and referral.

(a) A licensed midwife shall consult with a licensed physician or a licensed certified nurse-midwife providing obstetrical care, whenever there are significant deviations, including abnormal laboratory results, relative to a client’s pregnancy or to a neonate. If a referral to a physician is needed, the licensed midwife shall refer the client to a physician and, if possible, remain in consultation with the physician until resolution of the concern.

Note: Consultation does not preclude the possibility of an out-of-hospital birth. It is appropriate for the licensed midwife to maintain care of the client to the greatest degree possible, in accordance with the client’s wishes, during the pregnancy and, if possible, during labor, birth and the postpartum period.

(b) A licensed midwife shall consult with a licensed physician or certified nurse-midwife with regard to any mother who presents with or develops the following risk factors or presents with or develops other risk factors that in the judgment of the licensed midwife warrant consultation:

Antepartum.

a. Pregnancy induced hypertension, as evidenced by a blood pressure of 140/90 on 2 occasions greater than 6 hours apart.

b. Persistent, severe headaches, epigastric pain or visual disturbances.

c. Persistent symptoms of urinary tract infection.

d. Significant vaginal bleeding before the onset of labor not associated with uncomplicated spontaneous abortion.

e. Rupture of membranes prior to the 37th week gestation.

f. Noted abnormal decrease in or cessation of fetal movement.

g. Anemia resistant to supplemental therapy.

h. Fever of 102° F or 39° C or greater for more than 24 hours.

i. Non-vertex presentation after 38 weeks gestation.

j. Hyperemisis or significant dehydration.

k. Isoimmunization, Rh-negative sensitized, positive titers, or any other positive antibody titer, which may have a detrimental effect on mother or fetus.

L. Elevated blood glucose levels unresponsive to dietary management.

m. Positive HIV antibody test.

n. Primary genital herpes infection in pregnancy.

o. Symptoms of malnutrition or anorexia or protracted weight loss or failure to gain weight.

p. Suspected deep vein thrombosis.

q. Documented placental anomaly or previa.

r. Documented low lying placenta in woman with history of previous cesarean delivery.

s. Labor prior to the 37th week of gestation.

t. History of prior uterine incision.

u. Lie other than vertex at term.

v. Multiple gestation.

w. Known fetal anomalies that may be affected by the site of birth.

x. Marked abnormal fetal heart tones.

y. Abnormal non-stress test or abnormal biophysical profile.

z. Marked or severe poly- or oligo-dydramnios.

za. Evidence of intrauterine growth restriction.

zb. Significant abnormal ultrasound findings.

zc. Gestation beyond 42 weeks by reliable confirmed dates.

Intrapartum.

a. Rise in blood pressure above baseline, more than 30/15 points or greater than 140/90.

b. Persistent, severe headaches, epigastric pain or visual disturbances.

c. Significant proteinuria or ketonuria.

d. Fever over 100.6° F or 38° C in absence of environmental factors.

e. Ruptured membranes without onset of established labor after 18 hours.

f. Significant bleeding prior to delivery or any abnormal bleeding, with or without abdominal pain; or evidence of placental abruption.

g. Lie not compatible with spontaneous vaginal delivery or unstable fetal lie.

h. Failure to progress after 5 hours of active labor or following 2 hours of active second stage labor.

i. Signs or symptoms of maternal infection.

j. Active genital herpes at onset of labor.

k. Fetal heart tones with non-reassuring patterns.

L. Signs or symptoms of fetal distress.

m. Thick meconium or frank bleeding with birth not imminent.

n. Client or licensed midwife desires physician consultation or transfer.

Postpartum.

a. Failure to void within 6 hours of birth.

b. Signs or symptoms of maternal shock.

c. Febrile: 102° F or 39° C and unresponsive to therapy for 12 hours.

d. Abnormal lochia or signs or symptoms of uterine sepsis.

e. Suspected deep vein thrombosis.

f. Signs of clinically significant depression.

(c) A licensed midwife shall consult with a licensed physician or licensed certified nurse-midwife with regard to any neonate who is born with or develops the following risk factors:

Apgar score of 6 or less at 5 minutes without significant improvement by 10 minutes.
Persistent grunting respirations or retractions.
Persistent cardiac irregularities.
Persistent central cyanosis or pallor.
Persistent lethargy or poor muscle tone.
Abnormal cry.
Birth weight less than 2300 grams.
Jitteriness or seizures.
Jaundice occurring before 24 hours or outside of normal range.
Failure to urinate within 24 hours of birth.
Failure to pass meconium within 48 hours of birth.
Edema.
Prolonged temperature instability.
Significant signs or symptoms of infection.
Significant clinical evidence of glycemic instability.
Abnormal, bulging, or depressed fontanel.
Significant clinical evidence of prematurity.
Medically significant congenital anomalies.
Significant or suspected birth injury.
Persistent inability to suck.
Diminished consciousness.
Clinically significant abnormalities in vital signs, muscle tone or behavior.
Clinically significant color abnormality, cyanotic, or pale or abnormal perfusion.
Abdominal distension or projectile vomiting.
Signs of clinically significant dehydration or failure to thrive.

(5) Transfer.

(a) Transport via private vehicle is an acceptable method of transport if it is the most expedient and safest method for accessing medical services. The licensed midwife shall initiate immediate transport according to the licensed midwife’s emergency plan; provide emergency stabilization until emergency medical services arrive or transfer is completed; accompany the client or follow the client to a hospital in a timely fashion; provide pertinent information to the receiving facility and complete an emergency transport record. The following conditions shall require immediate physician notification and emergency transfer to a hospital:

Seizures or unconsciousness.
Respiratory distress or arrest.
Evidence of shock.
Psychosis.
Symptomatic chest pain or cardiac arrhythmias.
Prolapsed umbilical cord.
Shoulder dystocia not resolved by Advanced Life Support in Obstetrics (ALSO) protocol.
Symptoms of uterine rupture.
Preeclampsia or eclampsia.
Severe abdominal pain inconsistent with normal labor.
Chorioamnionitis.
Clinically significant fetal heart rate patterns or other manifestation of fetal distress.
Presentation not compatible with spontaneous vaginal delivery.
Laceration greater than second degree perineal or any cervical.
Hemorrhage non-responsive to therapy.
Uterine prolapse or inversion.
Persistent uterine atony.
Anaphylaxis.
Failure to deliver placenta after one hour if there is no bleeding and fundus is firm.
Sustained instability or persistent abnormal vital signs.
Other conditions or symptoms that could threaten the life of the mother, fetus or neonate.

(b) A licensed midwife may deliver a client with any of the complications or conditions set forth in par. (a), if no physician or other equivalent medical services are available and the situation presents immediate harm to the health and safety of the client; if the complication or condition entails extraordinary and unnecessary human suffering; or if delivery occurs during transport.

(6) Prohibited practices. A licensed midwife may not do any of the following:

(a) Administer prescription pharmacological agents intended to induce or augment labor.

(b) Administer prescription pharmacological agents to provide pain management.

(d) Prescribe medications.

(e) Provide out-of-hospital care to a woman who has had a vertical incision cesarean section.

(f) Perform surgical procedures including, but not limited to, cesarean sections and circumcisions.

(g) Knowingly accept responsibility for prenatal or intrapartum care of a client with any of the following risk factors:

Chronic significant maternal cardiac, pulmonary, renal or hepatic disease.
Malignant disease in an active phase.
Significant hematological disorders or coagulopathies, or pulmonary embolism.
Insulin requiring diabetes mellitus.
Known maternal congenital abnormalities affecting childbirth.
Confirmed isoimmunization, Rh disease with positive titer.
Active tuberculosis.
Active syphilis or gonorrhea.
Active genital herpes infection 2 weeks prior to labor or in labor.
Pelvic or uterine abnormalities affecting normal vaginal births, including tumors and malformations.
Alcoholism or abuse.
Drug addiction or abuse.
Confirmed AIDS status.
Uncontrolled current serious psychiatric illness.
Social or familial conditions unsatisfactory for out-of-hospital maternity care services.
Fetus with suspected or diagnosed congenital abnormalities that may require immediate medical intervention.

History

CR 06-096: cr. Register December 2006 No. 612, eff. 5-1-07; renumbers to (4) (b) 1. za., zb. and zc. made under s. 13.93 (2m) (b) 1., Stats., Register November 2007 No. 623.

Chapter SPS 183 GROUNDS FOR DISCIPLINE

Wis. Admin. Code § SPS 183.01 Disciplinary proceedings and actions {#sec-sps-183.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 183.01}

(1) Subject to the rules promulgated under s. 440.03 (1), Stats., the department may reprimand a licensed midwife or deny, limit, suspend, or revoke a license or temporary permit granted under subch. XIII of ch. 440, Stats., if the department finds that the applicant, temporary permit holder, or licensed midwife has engaged in misconduct. Misconduct comprises any practice or behavior that violates the minimum standards of the profession necessary for the protection of the health, safety, or welfare of a client or the public. Misconduct includes the following:

(a) Submitting fraudulent, deceptive or misleading information in conjunction with an application for a credential.

(b) Violating, or aiding and abetting a violation, of any law or rule substantially related to practice as a midwife. A certified copy of a judgment of conviction is prima facie evidence of a violation.

Note: Pursuant to s. SPS 4.09, all credential holders licensed by the department need to report a criminal conviction within 48 hours after entry of a judgment against them. The department form for reporting convictions is available on the department’s website at http://dsps.wi.gov.

(c) Having a license, certificate, permit, registration, or other practice credential granted by another state or by any agency of the federal government to practice as a midwife, which the granting jurisdiction limits, restricts, suspends, or revokes, or having been subject to other adverse action by a licensing authority, any state agency or an agency of the federal government including the denial or limitation of an original credential, or the surrender of a credential, whether or not accompanied by findings of negligence or unprofessional conduct. A certified copy of a state or federal final agency decision is prima facie evidence of a violation of this provision.

(d) Failing to notify the department that a license, certificate, or registration for the practice of any profession issued to the midwife has been revoked, suspended, limited or denied, or subject to any other disciplinary action by the authorities of any jurisdiction.

(e) Violating or attempting to violate any term, provision, or condition of any order of the department.

(f) Performing or offering to perform services for which the midwife is not qualified by education, training or experience.

(g) Practicing or attempting to practice while the midwife is impaired as a result of any condition that impairs the midwife’s ability to appropriately carry out professional functions in a manner consistent with the safety of clients or the public.

(h) Using alcohol or any drug to an extent that such use impairs the ability of the midwife to safely or reliably practice, or practicing or attempting to practice while the midwife is impaired due to the utilization of alcohol or other drugs.

(i) Engaging in false, fraudulent, misleading, or deceptive behavior associated with the practice as a midwife including advertising, billing practices, or reporting, falsifying, or inappropriately altering patient records.

(j) Discriminating in practice on the basis of age, race, color, sex, religion, creed, national origin, ancestry, disability or sexual orientation.

(k) Revealing to other personnel not engaged in the care of a client or to members of the public information which concerns a client’s condition unless release of the information is authorized by the client or required or authorized by law. This provision shall not be construed to prevent a credential holder from cooperating with the department in the investigation of complaints.

(L) Abusing a client by any single or repeated act of force, violence, harassment, deprivation, neglect, or mental pressure which reasonably could cause physical pain or injury, or mental anguish or fear.

(m) Engaging in inappropriate sexual contact, exposure, gratification, or other sexual behavior with or in the presence of a client. For the purposes of this paragraph, an adult shall continue to be a client for 2 years after the termination of professional services. If the person receiving services is a minor, the person shall continue to be a client for the purposes of this paragraph for 2 years after termination of services, or for one year after the client reaches age 18, whichever is later.

(n) Obtaining or attempting to obtain anything of value from a client without the client’s consent.

(o) Obtaining or attempting to obtain any compensation by fraud, misrepresentation, deceit or undue influence in the course of practice.

(p) Offering, giving or receiving commissions, rebates or any other forms of remuneration for a client referral.

(q) Failing to provide the client or client’s authorized representative a description of what may be expected in the way of tests, consultation, reports, fees, billing, therapeutic regimen, or schedule, or failing to inform a client of financial interests which might accrue to the midwife for referral to or for any use of service, product, or publication.

(r) Failing to maintain adequate records relating to services provided a client in the course of a professional relationship.

(s) Engaging in a single act of gross negligence or in a pattern of negligence as a midwife, or in other conduct that evidences an inability to apply the principles or skills of midwifery.

(t) Failing to respond honestly and in a timely manner to a request for information from the department. Taking longer than 30 days to respond creates a rebuttable presumption that the response is not timely.

(u) Failing to report to the department or to institutional supervisory personnel any violation of the rules of this chapter by a midwife.

(v) Allowing another person to use a license granted under subch. XIII of ch. 440, Stats.

(w) Failing to provide direct supervision over a temporary permit holder while the permit holder is engaging in the practice of midwifery.

(2) Subject to the rules promulgated under s. 440.03 (1), Stats., the department shall revoke a license granted under subch. XIII of ch. 440, Stats., if the licensed midwife is convicted of any of the offenses specified in s. 440.982 (2), Stats.

(3) Subject to s. 440.982, Stats., no person may engage in the practice of midwifery the person has been granted a license or a temporary permit to practice midwifery under subch. XIII of ch. 440, Stats., or granted a license to practice as a nurse-midwife under s. 441.15, Stats.

(4) Subject to s. 440.981, Stats., no person may use the title “licensed midwife” unless the person has been granted a license to practice midwifery under subch. XIII of ch. 440, Stats., or granted a license to practice as a nurse-midwife under s. 441.15, Stats.

History

CR 06-096: cr. Register December 2006 No. 612, eff. 5-1-07; CR 19-066: am. (1) (intro.), (g), (v), (2) to (4) Register January 2020 No. 769, eff. 2-1-20.

Chapter SPS 183 Appendix I ESSENTIAL DOCUMENTS OF THE NATIONAL ASSOCIATION OF CERTIFIED PROFESSIONAL MIDWIVES

Wis. Admin. Code § Chapter SPS 183 ESSENTIAL DOCUMENTS OF THE NATIONAL ASSOCIATION OF CERTIFIED PROFESSIONAL MIDWIVES {#sec-chapter-sps-183 omnilex-key=us-wi-regs-official--agency-sps--Chapter SPS 183}

Contents

I. Introduction

II. Philosophy

III. The NACPM Scope of Practice

IV. Standards for NACPM Practice

V. Endorsement Section

Gender references: To date, most NACPM members are women. For simplicity, this document uses female pronouns to refer to the NACPM member, with the understanding that men may also be NACPM members.

I. Introduction

The Essential Documents of the NACPM consist of the NACPM Philosophy, the NACPM Scope of Practice, and the Standards for NACPM Practice. They are written for Certified Professional Midwives (CPMs) who are members of the National Association of Certified Professional Midwives.

· They outline the understandings that NACPM members hold about midwifery.

· They identify the nature of responsible midwifery practice.

II. Philosophy and Principles of Practice

NACPM members respect the mystery, sanctity and potential for growth inherent in the experience of pregnancy and birth. NACPM members understand birth to be a pivotal life event for mother, baby, and family. It is the goal of midwifery care to support and empower the mother and to protect the natural process of birth. NACPM members respect the biological integrity of the processes of pregnancy and birth as aspects of a woman’s sexuality.

NACPM members recognize the inseparable and interdependent nature of the mother-baby pair.

NACPM members believe that responsible and ethical midwifery care respects the life of the baby by nurturing and respecting the mother, and, when necessary, counseling and educating her in ways to improve fetal/infant well-being.

NACPM members work as autonomous practitioners, recognizing that this autonomy makes possible a true partnership with the women they serve, and enables them to bring a broad range of skills to the partnership.

NACPM members recognize that decision-making involves a synthesis of knowledge, skills, intuition and clinical judgment.

NACPM members know that the best research demonstrates that out-of-hospital birth is a safe and rational choice for healthy women, and that the out-of-hospital setting provides optimal opportunity for the empowerment of the mother and the support and protection of the normal process of birth.

NACPM members recognize that the mother or baby may on occasion require medical consultation or collaboration.

NACPM members recognize that optimal care of women and babies during pregnancy and birth takes place within a network of relationships with other care providers who can provide service outside the scope of midwifery practice when needed.

III. Scope of Practice for the National Association of Certified Professional Midwives

The NACPM Scope of Practice is founded on the NACPM Philosophy. NACPM members offer expert care, education, counseling and support to women and their families throughout the caregiving partnership, including pregnancy, birth and the postpartum period. NACPM members work with women and families to identify their unique physical, social and emotional needs. They inform, educate and support women in making choices about their care through informed consent. NACPM members provide on-going care throughout pregnancy and continuous, hands-on care during labor, birth and the immediate postpartum period. NACPM members are trained to recognize abnormal or dangerous conditions needing expert help outside their scope. NACPM members each have a plan for consultation and referral when these conditions arise. When needed, they provide emergency care and support for mothers and babies until additional assistance is available. NACPM members may practice and serve women in all settings and have particular expertise in out-of-hospital settings.

IV. The Standards of Practice for NACPM Members

The NACPM member is accountable to the women she serves, to herself, and to the midwifery profession. The NACPM Philosophy and the NACPM Scope of Practice are the foundation for the midwifery practice of the NACPM member. The NACPM Standards of Practice provide a tool for measuring actual practice and appropriate usage of the body of knowledge of midwifery.

Standard One: The NACPM member works in partnership with each woman she serves. The NACPM member:

· Offers her experience, care, respect, counsel and support to each woman she serves

· Freely shares her midwifery philosophy, professional standards, personal scope of practice and expertise, as well as any limitations imposed upon her practice by local regulatory agencies and state law

· Recognizes that each woman she cares for is responsible for her own health and well-being

· Accepts the right of each woman to make decisions about her general health care and her pregnancy and birthing experience

· Negotiates her role as caregiver with the woman and clearly identifies mutual and individual responsibilities, as well as fees for her services

· Communicates openly and interactively with each woman she serves

· Provides for the social, psychological, physical, emotional, spiritual and cultural needs of each woman

· Does not impose her value system on the woman

· Solicits and respects the woman’s input regarding her own state of health

· Respects the importance of others in the woman’s life.

Standard Two: Midwifery actions are prioritized to optimize well-being and minimize risk, with attention to the individual needs of each woman and baby.

The NACPM member:

· Supports the natural process of pregnancy and childbirth

· Provides continuous care, when possible, to protect the integrity of the woman’s experience and the birth and to bring a broad range of skills and services into each woman’s care

· Bases her choices of interventions on empirical and/or research evidence, verifying that the probable benefits outweigh the risks

· Strives to minimize technological interventions

· Demonstrates competency in emergencies and gives priority to potentially life-threatening situations

· Refers the woman or baby to appropriate professionals when either needs care outside her scope of practice or expertise

· Works collaboratively with other health professionals

· Continues to provide supportive care when care is transferred to another provider, if possible, unless the mother declines

· Maintains her own health and well-being to optimize her ability to provide care.

Standard Three: The midwife supports each woman’s right to plan her care according to her needs and desires. The NACPM member:

· Shares all relevant information in language that is understandable to the woman

· Supports the woman in seeking information from a variety of sources to facilitate informed decision-making

· Reviews options with the woman and addresses her questions and concerns

· Respects the woman’s right to decline treatments or procedures and properly documents her choices

· Develops and documents a plan for midwifery care together with the woman

· Clearly states and documents when her professional judgment is in conflict with the decision or plans of the woman

· Clearly states and documents when a woman’s choices fall outside the NACPM member’s legal scope of practice or expertise

· Helps the woman access the type of care she has chosen

· May refuse to provide or continue care and refers the woman to other professionals if she deems the situation or the care requested to be unsafe or unacceptable

· Has the right and responsibility to transfer care in critical situations that she deems to be unsafe. She refers the woman to other professionals and remains with the woman until the transfer is complete.

Standard Four: The midwife concludes the caregiving partnership with each woman responsibly. The NACPM member:

· Continues her partnership with the woman until that partnership is ended at the final postnatal visit or until she or the woman ends the partnership and the midwife documents same

· Ensures that the woman is educated to care for herself and her baby prior to discharge from midwifery care

· Ensures that the woman has had an opportunity to reflect on and discuss her childbirth experience

· Informs the woman and her family of available community support networks and refers appropriately.

Standard Five: The NACPM member collects and records the woman’s and baby’s health data, problems, decisions and plans comprehensively throughout the caregiving partnership. The NACPM member:

· Keeps legible records for each woman, beginning at the first formal contact and continuing throughout the caregiving relationship

· Does not share the woman’s medical and midwifery records without her permission, except as legally required

· Reviews and updates records at each professional contact with the woman

· Includes the individual nature of each woman’s pregnancy in her assessments and documentation

· Uses her assessments as the basis for on-going midwifery care

· Clearly documents her objective findings, decisions and professional actions

· Documents the woman’s decisions regarding choices for care, including informed consent or refusal of care

· Makes records and other relevant information accessible and available at all times to the woman and other appropriate persons with the woman’s knowledge and consent

· Files legal documents appropriately.

Standard Six: The midwife continuously evaluates and improves her knowledge, skills and practice in her endeavor to provide the best possible care. The NACPM member:

· Continuously involves the women for whom she provides care in the evaluation of her practice

· Uses feedback from the women she serves to improve her practice

· Collects her practice statistics and uses the data to improve her practice

· Informs each woman she serves of mechanisms for complaints and review, including the NARM peer review and grievance process

· Participates in continuing midwifery education and peer review

· May identify areas for research and may conduct and/or collaborate in research

· Shares research findings and incorporates these into midwifery practice as appropriate

· Knows and understands the history of midwifery in the United States

· Acknowledges that social policies can influence the health of mothers, babies and families; therefore, she acts to influence such policies, as appropriate.

V. Endorsement of Supportive Statements

NACPM members endorse the Midwives Model of Care ({ 1996-2004 Midwifery Task Force), the Mother Friendly Childbirth Initiative ({ 1996 Coalition for Improving Maternity Services) and the Rights of Childbearing Women ({ 1999 Maternity Center Association, Revised 2004). For the full text of each of these statements, please refer to the following web pages.

Midwives Model of Care (MMOC)-http://www.cfmidwifery.org/Citizens/mmoc/define.aspx

Mother Friendly Childbirth Initiative (MFIC) -http://www.motherfriendly.org/MFCI/

Rights of Childbearing Women - http://www.maternitywise.org/mw/rights.html

Chapter SPS 192 UNARMED COMBAT SPORTS

Subchapter I Authority, Scope, and Definitions

Wis. Admin. Code § SPS 192.01 Authority and scope {#sec-sps-192.01 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.01}

The rules in this chapter are adopted under the authority in s. 440.03 (1), (1m), and (7m) and ch. 444, Stats., and, with the exception of amateur boxing, regulate unarmed combat sports conducted in this state.

Note: Section 444.05, Stats., provides a person may conduct an amateur boxing contest in this state only if the contest is sanctioned by and conducted under the rules of the national governing body for amateur boxing that is recognized by the United States Olympic Committee under 36 USC 220521.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.02 Definitions {#sec-sps-192.02 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.02}

In this chapter:

(1) “ABC’s unified rules” means the unified rules of mixed martial arts, professional boxing, or other unarmed combat sport as adopted by the Association of Boxing Commissions.

Note: The ABC’s unified rules are available at www.abcboxing.com.

(2) “Amateur” means an individual who is not compensated or paid for competing in an unarmed combat sports bout or exhibition.

(3) “Anabolic steroid” has the meaning given in s. 961.01 (2m) (a), Stats.

(4) “Bout” means unarmed combat between 2 contestants.

(5) “Boxer” means a contestant who competes in a boxing bout.

(6) “Cage” means a fenced enclosure in which promotional organizations hold unarmed combat bouts.

(7) “Commissioner” means a person duly authorized to represent the department in administering the regulation of unarmed combat sports events.

(8) “Contestant” means a person licensed by the department who competes in an unarmed combat bout.

(9) “Controlled substance” has the meaning given in s. 961.01 (4), Stats.

(10) “Corner” means the portion of the fighting area that is reserved for a contestant and the contestant’s seconds between rounds.

(11) “Department” means the department of safety and professional services.

(12) “Drug” means a controlled substance.

(13) “Event” means an organized contest or exhibition of unarmed combat sports.

(14) “Grappling” means techniques of throwing, locking, holding, and wrestling, as opposed to kicking and punching an opposing contestant.

(15) “Kickboxing” means the act of attack and defense with the fists and feet that is practiced as a sport under the rules described under subch. VI, or substantially similar rules.

(16) “Mixed martial arts” or “mixed martial arts bout” has the meaning given “mixed martial arts fighting” in s. 444.01 (1j), Stats.

(17) “Mixed martial arts contestant” means a person licensed by the department who competes in a mixed martial arts bout.

(18) “Muay Thai” means the act of attack and defense with the fists, forearms, elbows, knees, shins, and feet and clinching techniques that is practiced as a sport under the rules described under subch. VII, or substantially similar rules.

(19) “Official” means a referee, judge, timekeeper, ringside physician, inspector, or department representative involved in conducting an unarmed combat sports event.

(20) “Permit” means a credential issued to a promoter or professional club to conduct a specific unarmed combat sports event.

(21) “Professional” means an individual who is compensated or paid for competing in an unarmed combat sports bout or exhibition.

(22) “Professional club” means a club licensed under ch. 444, Stats., to conduct unarmed combat sports events.

(23) “Promoter” means any person, club, corporation, or association, and in the case of a corporate promoter includes any officer, director, employee, or stockholder, who conducts, produces, arranges, or stages an unarmed combat sports event.

(24) “Second” means an assistant to a contestant during a bout, unless the context requires otherwise.

(25) “Unarmed combat” has the meaning given “unarmed combat sports” in s. 444.01 (5), Stats.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Subchapter II License Applications and Permits

Wis. Admin. Code § SPS 192.03 Bond required for promoter and club license {#sec-sps-192.03 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.03}

A promoter or club shall post a bond or other surety of not less than $10,000 as required by s. 444.035, Stats., with their application for a promoter or club license, to ensure payment of the expenses incurred in conducting an event including, in order of priority, the department, contestants, and the officials.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.04 Promoter’s license {#sec-sps-192.04 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.04}

(1) Application. A person, club, corporation, or association shall submit an application for a promoter’s license on forms provided by the department together with the fee specified in s. 444.03, Stats., prior to conducting an unarmed combat sports event in this state. The application form shall allow the applicant to request a license term of 12, 24, 36, 48, or 60 months.

Note: Applications are available from the Department of Safety and Professional Services, Division of Professional Credentialing, 1400 E. Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or from the department’s website at: http://dsps.wi.gov.

(2) Eligibility.

(a) To be eligible for a promoter’s license, an applicant shall do all of the following:

Comply with the requirements in s. 444.03, Stats.
Comply with the requirements in s. 444.11, Stats., if applicable; submit a copy of their articles of incorporation and proof that the secretary of state has filed their articles pursuant to s. 180.0122, Stats.; and identify all persons connected with or having a proprietary interest in the professional club, corporation, or association and the percentage of proprietary interest.
Acquire appropriate knowledge of the proper conduct of competition involved in unarmed combat sports as provided under this chapter.
Post a $10,000 bond, or other surety made payable to the department, a copy of the certificate verifying the approval and the filing of the bond, or other surety with the department.

(b) The department shall issue a promoter’s license if it finds that the applicant is not in default on any payments, obligations, or debts payable to the state of Wisconsin.

(c) The department may deny a license to an applicant who has committed any act that would, if committed by a licensee, subject the applicant to discipline under subch. IX.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.05 Matchmaker’s license {#sec-sps-192.05 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.05}

(1) Application. A person shall submit an application on forms provided by the department together with the fee specified in s. 444.11, Stats., prior to acting as a matchmaker at any unarmed combat sports event. The application form shall allow the applicant to request a license term of 12, 24, 36, 48, or 60 months.

(2) Eligibility.

(a) To be eligible for a license as a matchmaker, an applicant shall be at least 18 years of age.

(b) The department may deny a license to an applicant who has committed any act that would, if committed by a licensee, subject the applicant to discipline under subch. IX.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.06 Contestant’s license {#sec-sps-192.06 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.06}

(1) Application. A person shall submit an application on forms provided by the department together with the fee specified in s. 444.11, Stats., prior to acting as a professional boxer, a professional or amateur mixed martial arts contestant, or a professional or amateur kickboxing or Muay Thai contestant at any unarmed combat sports event.

(2) Eligibility. To be eligible for a license as a professional or amateur contestant, an applicant shall comply with all of the following:

(a) Be at least 18 years of age.

(b) Be capable of engaging in an unarmed combat bout based on the information included in the application and any other information the department considers reliable.

(c) Submit to the department an application for an Association of Boxing Commissions’ mixed martial arts national identification number or boxing federal identification number along with a $10 processing fee or a $10 replacement fee.

(d) Submit results of a complete physical examination by a physician, including any laboratory tests, conducted no more than 180 days before the date of the application and conducted in accordance with ch. 448, Stats., affirming all of the following:

Negative HIV.
Negative hepatitis B surface antigen. If a contestant had a failing hepatitis B antigen test, the contestant shall pass a hepatitis B “PCR” quantitative test. The quantitative limit shall be within permissible limits according to the laboratory where the test was administered.
Negative hepatitis C antibody. If a contestant had a failing hepatitis C antibody test, the contestant shall pass a hepatitis C “PCR” quantitative test. The quantitative limit shall be within permissible limits according to the laboratory where the test was administered.

(e) Submit results of a favorable eye examination by a licensed physician, ophthalmologist, or optometrist.

(f) If of age 40 or more, submit favorable results for all of the following examinations and tests conducted or obtained no more than 180 days before the date of application:

An MRI or magnetic resonance angiography brain examination.
A stress echocardiogram examination with cardiology clearance.
A metabolic blood profile.
A chest x-ray.

(g) Submit authorization for releasing medical records to the department.

(h) Submit any additional information requested by the department needed to determine an applicant’s eligibility for a license.

(3) Denial. The department may deny a license to an applicant who has committed any act that would, if committed by a licensee, subject the applicant to discipline under subch. IX.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.07 Judge’s license {#sec-sps-192.07 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.07}

(1) Application. A person shall submit an application on forms provided by the department together with the fee specified in s. 444.11, Stats., prior to acting as a judge for any professional boxing bout, professional or amateur mixed martial arts bout, or professional or amateur kickboxing or Muay Thai bout. The application form shall allow the applicant to request a license term of 12, 24, 36, 48, or 60 months.

(2) Eligibility.

(a) To be eligible for a license as a judge, an applicant shall be at least 18 years of age.

(b) The department may deny a license to an applicant who has committed any act that would, if committed by a licensee, subject the applicant to discipline under subch. IX.

(c) An applicant shall, on forms provided by the department, submit the results of an examination with corrective lenses.

(3) Qualifications. In accordance with s. 444.095 (3), Stats., the department shall determine whether an applicant possesses the knowledge and experience necessary to hold a license as a judge by reviewing one or more of the following:

(a) A certificate of completion of a judge’s training program from another state, other regulating bodies such as the Association of Boxing Commissions, and other organizations that have a judge’s training program certified by the Association of Boxing Commissions or another association recognized by the department.

(b) A resume with 3 professional references that can verify the number of years of experience as a judge along with a log of experience.

(d)

A passing grade on an examination administered by the department that tests the examinee’s knowledge, and successful completion of the trial judge program under subd. 2.
The trial judge program administered and supervised by the commissioner, inspector, or department representative shall consist of all of the following:

a. Observing unarmed combat sports events.

b. Shadowing a licensed judge at unarmed combat sports events.

c. Officiating, on a trial basis, as a judge during an unarmed combat sports event under the supervision of the commissioner, inspector, or department representative.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.08 Referee’s license {#sec-sps-192.08 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.08}

(1) Application. A person shall submit an application on forms provided by the department together with the fee specified in s. 444.11, Stats., prior to acting as a referee for any professional boxing bout, professional or amateur mixed martial arts bout, or professional or amateur kickboxing or Muay Thai bout. The application form shall allow the applicant to request a license term of 12, 24, 36, 48, or 60 months.

(2) Eligibility.

(a) To be eligible for a license as a referee, an applicant shall be at least 18 years of age.

(b) The department may deny a license to an applicant who has committed any act that would, if committed by a licensee, subject the applicant to discipline under subch. IX.

(c) An applicant shall provide the results of a physical examination conducted by a licensed physician. The results of the examination shall be on forms provided by the department.

Note: Forms are available from the Department of Safety and Professional Services, Division of Professional Credentialing, 1400 E. Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or from the department’s website at: http://dsps.wi.gov.

(a) A certificate of completion of a referee’s training program from another state, other regulating bodies such as the Association of Boxing Commissions, and other organizations that have a referee’s training program certified by the Association of Boxing Commissions or another association recognized by the department.

(b) A resume with 3 professional references that can verify the number of years of experience as a referee along with a log of experience.

(d)

A passing grade on an examination administered by the department that tests the examinee’s knowledge, and successful completion of the trial referee program under subd. 2.
The trial referee program administered and supervised by the commissioner, inspector, or department representative shall consist of all of the following:

a. Observing unarmed combat sports events.

b. Officiating, on a trial basis, as a referee during an unarmed combat sports event under the supervision of the commissioner, inspector, or department representative.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.09 Ringside physician’s license {#sec-sps-192.09 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.09}

(1) Application. A person shall submit an application on forms provided by the department together with the fee specified in s. 444.11, Stats., prior to acting as a ringside physician at any unarmed combat sports event. The application form shall allow the applicant to request a license term of 12, 24, 36, 48, or 60 months.

(2) Eligibility.

(a) To be eligible for a license as a ringside physician, an applicant shall hold a license to practice medicine in this state issued under ch. 448, Stats.

(b) The department may deny a license to an applicant who has committed any act that would, if committed by a licensee, subject the applicant to discipline under subch. IX.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.10 Second’s license {#sec-sps-192.10 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.10}

(1) Application. A person shall submit an application on forms provided by the department together with the fee specified in s. 444.11, Stats., prior to acting as a second at any unarmed combat sports event. The application form shall allow the applicant to request a license term of 12, 24, 36, 48, or 60 months.

(2) Eligibility.

(a) To be eligible for a license as a second, an applicant shall be at least 16 years of age.

(b) The department may deny a license to an applicant who has committed any act that would, if committed by a licensee, subject the applicant to discipline under subch. IX.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.11 Timekeeper’s license {#sec-sps-192.11 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.11}

(1) Application. A person shall submit an application on forms provided by the department together with the fee specified in s. 444.11, Stats., prior to acting as a timekeeper at any unarmed combat sports event. The application form shall allow the applicant to request a license term of 12, 24, 36, 48, or 60 months.

(2) Eligibility.

(a) To be eligible for a license as a timekeeper, an applicant shall be at least 18 years of age.

(b) The department may deny a license to an applicant who has committed any act that would, if committed by a licensee, subject the applicant to discipline under subch. IX.

(3) Qualifications. In accordance with s. 444.095 (3), Stats., the department may determine whether a person possesses the knowledge and experience necessary to hold a license as a timekeeper by successful completion of the trial timekeeper program. The trial timekeeper program administered and supervised by the commissioner, inspector, or department representative may consist of any of the following:

(a) Observing unarmed combat sports events.

(b) Shadowing a licensed timekeeper at unarmed combat sports events.

(c) Timekeeping, on a trial basis, during an unarmed combat sports event under the supervision of the commissioner, inspector, or department representative.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.12 Term of license {#sec-sps-192.12 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.12}

(1) A license as a contestant shall expire 12 months after its date of issuance unless suspended or revoked under s. SPS 192.96.

(2) Unless suspended or revoked under s. SPS 192.96, a license as a promoter, matchmaker, second, judge, referee, ringside physician, or timekeeper shall expire at the end of the license term requested by the applicant under s. SPS 192.04 (1), 192.05 (1), 192.07 (1), 192.08 (1), 192.09 (1), 192.10 (1), or 192.11 (1). A license term shall begin on the date the license is issued.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.13 Renewal of license {#sec-sps-192.13 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.13}

(1) To renew a license as a promoter, matchmaker, contestant, judge, referee, ringside physician, second, or timekeeper, an application for renewal shall be filed with the department. Except as provided under sub. (2), criteria and conditions for applications for an original license apply equally to applications for renewal.

(2) Unless requested by the department, a contestant is only required to provide the medical information under s. SPS 192.06 (2) (f) with the first application submitted after the contestant has attained the age of 40.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.135 Reciprocal licenses for service members, former service members, and spouses of service members or former service members {#sec-sps-192.135 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.135}

A reciprocal promoter, matchmaker, contestant, judge, referee, ringside physician, second, or timekeeper license shall be granted under this section to an applicant who is a service member, former service member, or the spouse of a service member or former service member as defined in s. 440.09 (1), Stats., if the department determines that the applicant meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the department may request verification necessary to make a determination under this section.

History

CR 21-056: cr. Register July 2023 No. 811, eff. 8-1-23; correction made under s. 35.17, Stats., Register July 2023 No. 811.

Wis. Admin. Code § SPS 192.14 Unarmed combat sports event permits {#sec-sps-192.14 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.14}

(1) A licensed promoter or club shall obtain a permit from the department prior to conducting an unarmed combat sports event. An application for a permit to conduct an event shall be submitted to the department at least 30 calendar days before the proposed date of the event and no more than 90 calendar days before an event by a promoter or an authorized representative of a licensed professional club, corporation, or association on forms provided by the department and shall include all of the following:

Note: Applications for permits are available from the Department of Safety and Professional Services, Division of Professional Credentialing, 1400 E. Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or from the department’s website at: http://dsps.wi.gov.

(a) The name, address, phone number, and license number of the promoter or professional club, corporation, or association.

(b) The name and license number of the matchmaker that the promoter, or professional club, corporation, or association plans to use for the event. If the matchmaker is not licensed in Wisconsin, the event permit application shall include the proposed matchmaker’s application for licensure along with all required documents.

(c) The proposed date, starting time, and location of the event as well as all of the following information regarding the venue:

Name and address.
Seating capacity.
A floor plan that indicates the dressing room locations and fire exits.
Name and telephone number of the primary contact person of the proposed venue.
Evidence satisfactory to the department that the promoter or professional club has entered into a valid agreement with the owner or manager of the venue where the proposed unarmed combat sports event will be conducted.

(d)

Information regarding whether the proposed event will be all professional, all amateur, or combined professional and amateur, the form of unarmed combat for each bout, the number of rounds for each scheduled bout, and the proposed number of professional bouts and amateur bouts.
If the proposed event is scheduled for less than 24 total rounds, a request for approval of an event of that duration.

(e) A non-refundable permit application processing fee pursuant to s. 444.02 (3), Stats.

(f) The preliminary fight card for the event, which shall include all of the following:

The form of unarmed combat for each bout and the name and weight class of each of the proposed contestants in each bout.
The proposed order in which the bouts are to take place.
The names of the proposed seconds for each contestant.
The proposed purse or purses.

(g) A detailed plan to provide medical personnel and equipment for the event and for evacuating a seriously injured contestant to a hospital, including the name of the promoter or professional club’s representative responsible for evacuating an injured contestant, a detailed evacuation route, method of removal from the venue, the means of transportation to the hospital, and the name of the nearest hospital, pursuant to s. 444.095 (2) (c) and (d), Stats.

(h) A detailed plan to furnish adequate police or private security personnel or alternate means of protecting spectators, contestants, and officials. Alternate means of protection may include a department-approved divider between the cage or ring and spectators.

(i) The date, time, and location of the official weigh-in and physical examination.

(j) Proof of having obtained the insurance required by s. 444.18, Stats.

(k) Proof of having complied with s. 444.035, Stats., and s. SPS 192.03.

(L) The admission fee of all tickets and the proposed number of tickets, including the number and proposed value of complimentary tickets.

(2) Upon receipt of an application for a permit to conduct an unarmed combat sports event, the department may deny the application upon the occurrence of any of the following:

(a) The applicant does not provide all required information.

(b) The appropriate number of judges, referees, inspectors, or ringside physicians will not be available on that date.

(c) One or more of the contestants listed on the fight card are not licensed or are ineligible to compete due to being under a suspension or revocation order issued by the department or another licensing jurisdiction for any of the following reasons:

A recent knock-out or series of consecutive losses.
An injury, a requirement for a medical procedure, or a physician’s denial of certification.
Testing positive for a prohibited drug.
The use of false aliases, falsifying, or attempting to falsify official identification cards or documents issued pursuant to ch. 444, Stats.
Unprofessional conduct or other inappropriate behavior inconsistent with generally accepted methods of competition at unarmed combat sports events.

(d) One or more of the bouts listed on the fight card will be conducted other than as provided under subchs. IV to VII or as approved by the department under s. SPS 192.93.

(e) A request for approval under sub. (1) (d) 2. has not been submitted with the application or has been denied by the commissioner or department representative.

(3) The department may grant a permit for the event but withhold approval of one or more contestants scheduled to compete in an event, require bouts take place in a different order than proposed under sub. (1) (f) 2., or withhold approval of any bout scheduled to be conducted other than as provided under subchs. IV to VII or as approved by the department under s. SPS 192.93.

(4) A permit issued under this section shall allow the permit holder to conduct only the event named in the permit. A permit is not transferable. The promoter or representative of the professional club, corporation, or association whose name appears on the permit shall be present at the weigh-in and at the event until the conclusion of the final bout unless excused by the department.

(5) The commissioner or department representative shall determine if the contestants are evenly and fairly matched according to skill level, experience, and weight so as to produce a fair and sportsmanlike event. If the commissioner or department representative determines the contestants for a bout are not evenly or fairly matched, approval for that bout shall be withheld.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.15 Permits, issuance and effect {#sec-sps-192.15 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.15}

(1) All promoters and professional clubs who have obtained a permit from the department under s. SPS 192.14 shall, no later than 4 business days before the scheduled event, submit all of the following:

(a) All complete and signed bout agreements, on forms provided by the department.

Note: Forms are available upon request to the Department of Safety and Professional Services, Division of Professional Credentialing, 1400 E. Washington Avenue, P.O. Box 8935, Madison, WI 53708, or on the department’s website at: http://dsps.wi.gov.

(b) The complete and executed contract or rental agreement between the promoter or professional club and the venue.

(d) The final fight card for the event listing the form of fighting for each bout; the name, license number, bout history, weight class, scheduled rounds, and opponent of each contestant; and, if applicable, red and blue corner designations.

(e) Each contestant’s Wisconsin license number.

(f) The names and Wisconsin license numbers of each contestant’s seconds.

(2) If the department denies an application for a permit or refuses to approve a contestant whose name has been submitted to the department by the applicant, it shall provide the applicant with an opportunity to have that decision reviewed by the commissioner or department representative. The review shall be conducted at the discretion of the commissioner or department representative.

(3) Issuance of a permit by the department authorizes a promoter or professional club to conduct an unarmed combat sports event under the control of the commissioner, inspectors, department representatives, referees, and ringside physicians assigned and listed in the permit.

(4) A promoter may substitute a contestant listed on their permit application after requesting a substitute. The request shall be submitted to the department no later than one business day preceding the date of the event. Exceptions may be allowed at the discretion of the department.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.16 Canceling an event {#sec-sps-192.16 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.16}

(1) At any time during an event, the assigned department representative may cancel all or part of an event upon the occurrence of any of the following:

(a) The commissioner or department representative reasonably believes that the event is not being conducted in accordance with this chapter, ch. 444, Stats., or the conditions stated in the permit which authorizes the event.

(b) The commissioner or department representative reasonably believes that the event poses an unreasonable threat to the health or safety of contestants, spectators, or officials.

(2) The commissioner or department representative may cancel an event at any time for a violation of this chapter.

(3) A promoter or professional club may cancel an event no later than 30 hours before it is scheduled to begin by notifying the department and those members of the media whom the promoter or professional club initially notified about the event. Any cancellation by a promoter shall result in an assessment of costs by the department pursuant to s. 444.035, Stats.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Subchapter III Officials for Events

Wis. Admin. Code § SPS 192.17 Promoter duties {#sec-sps-192.17 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.17}

All promoters that have been issued a permit by the department to conduct an unarmed combat sports event shall comply with all of the following:

(1) Have proof of complying with s. 444.035, Stats., and s. SPS 192.03, to ensure payment of the expenses incurred in conducting an event including, in order of priority, the department, contestants, and the officials.

(2) Have a current license as a promoter.

(3) Submit to the department the bout agreement executed between a promoter and a contestant on a form provided by the department that includes the name and address of the contestant. No bout agreement may provide that a professional or amateur contestant shall fight exclusively for one promoter or that an amateur contestant shall fight at the option of the promoter.

(4) Submit to the department an event application that complies with s. SPS 192.14 and ss. 444.02 (3), 444.035, 444.095 (2) (c) and (d), and 444.18, Stats.

(5) Submit all contestants’ names to the official record keeper designated by the Association of Boxing Commissions and the commissioner or department representative for approval.

(6) Issue tickets that comply with all ticket and tax rules as defined in s. 444.02 (3) (b) and (c), Stats., and have all of the following:

(a) Price and date of the event.

(b) Seat, row, and section number, if applicable.

(7) Have a certified invoice from the ticket printer that indicates the total number of tickets printed in each price range, including the number of complimentary tickets.

(8) Have medical and life insurance for each contestant competing in the event, in accordance with s. 444.18, Stats. No promoter may allow a contestant to waive insurance coverage or provide any deductible payments.

Note: Under section 444.18 of the Statutes, a promoter “...shall insure each contestant participating for hospital, nursing, and medication expenses and physician’s and surgeon’s services according to an equitable fee schedule, not to exceed in the aggregate $25,000, to be paid to, or for the use of, any contestant to compensate for injuries sustained in any such contest; and shall insure each contestant for not less than $25,000 to be paid to the contestant’s estate in the event of the contestant’s death as the result of participation in such professional contest or amateur unarmed combat sports contest.”

(9) Submit to the department, no later than 4 days prior to the event, verification that medical and life insurance have been obtained for each contestant.

(10) No promoter may begin conducting an event without the presence of at least one licensed referee, at least 3 licensed judges, at least one licensed physician, or more at the discretion of the department, one licensed timekeeper, an ambulance, emergency medical personnel, and security personnel on site pursuant to s. 444.095 (2), Stats.

(11) Have disposable garbage bags in each dressing room and at cage side or ringside.

(12) Provide cleaning solution to be used for cleaning blood and debris in the cage or ring. A solution of 10% bleach and 90% water is an acceptable solution.

(13)

(a) Except as provided in par. (b), provide at least 4 cage side or ringside police or private security personnel for the protection of the public, contestants, and officials.

(b) Less than 4 ringside police or private security personnel may be provided if the promoter provides alternate means of protection approved by the department. Alternate means of protection includes a department-approved divider between the cage or ring and spectators.

(14) Begin the event at the time designated on the event permit issued by the department. Failure to begin an event at the designated time may result in disciplinary action by the department.

(15) No promoter may exhibit nor allow any contestant to exhibit any type of entrance theme that includes music, video, or any type of physical display which contains any profanity or derogatory ethnic remarks. Failure to comply may subject the promoter or contestant to disciplinary action by the department.

(16) No promoter may allow a round-card carrier, or allow any of the promoter’s agents to use any language, including profanity or derogatory ethnic remarks, or exhibit any conduct or performance that the average person, applying contemporary community standards, would find appeals to the prurient interest; describes or shows sexual conduct in a patently offensive way; or lacks serious literary, artistic, political, educational or scientific value, in accordance with s. 944.21 (2) (d), Stats. Any promoter violating this subsection will be subject to disciplinary action up to and including being suspended for up to 6 months and be subject to criminal prosecution in accordance with s. 944.21 (3) (b) and (5), Stats.

(17) Submit a written report, verified by the promoter, to the department within 2 business days of conducting an event. Failure to timely file a complete and accurate report shall result in disciplinary action by the department pursuant to s. 444.04, Stats., and may cause the department to examine the books and records of the promoter as described in s. 444.15, Stats. The report shall include all of the following:

(a) Number of tickets sold, including the number of complimentary tickets.

(b) Total amount of gross proceeds.

(18) Provide emergency medical personnel and equipment for the contest and for evacuating a seriously injured contestant to a hospital; and submit the name of the promoter or designated representative responsible for evacuating an injured contestant, a description of the method of removal from the venue and the means of transportation to the hospital, and the name of the nearest hospital, pursuant to s. SPS 192.14 (1) (g) and s. 444.095 (2) (c) and (d), Stats.

(19) Pay for pregnancy testing and drug testing of contestants.

(20) Compensate all officials and contestants.

(21) If requested by the commissioner, inspector, or department representative, place at least 2 video screens that meet the approval of the commissioner, inspector, or department representative and that will allow patrons to view action inside the cage.

(22) Pay the department the event and gate fee specified in s. 444.02 (3), Stats., within 2 business days of the event and upon determination by the inspector of the gross admission receipts.

(23) Comply with all rules and regulations relating to promoting events.

(24) Provide department-approved sound devices for the timekeeper.

(25) Unless otherwise approved by the commissioner or department representative, a promoter may not schedule more than 2 intermissions of 10 minutes or less in duration each. The ring announcer shall begin the bout following an intermission at the time directed by the department representative.

(26) Supply the contestants’ gloves and red and blue duct tape for sealing the wrist portion of the contestants’ gloves. Gloves shall be approved by the inspector or department representative prior to the contestants’ pre-bout rule meeting. New gloves never previously worn shall be supplied for both contestants for all title bouts, including state title bouts.

(27) Provide buckets and clean towels at cage side or ringside for all bouts.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.18 Inspectors’ duties {#sec-sps-192.18 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.18}

(1) Inspectors assigned to an event by the department represent the department and are delegated the department’s authority to conduct the event from the time of the weigh-in and pre-bout physical examination until 24 hours after the completion of the last bout in the scheduled event or the final determination of all bouts pursuant to s. 444.06, Stats.

(2) Additional inspectors may be assigned or designated by the department at any one venue for any one event and shall be compensated by the promoter in accordance with s. 444.06, Stats., including their actual and necessary travel expenses.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.19 Judges’ duties {#sec-sps-192.19 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.19}

(1) The department shall assign the judges for all bouts. Once assigned to a bout, a judge has all of the following duties and responsibilities:

(a) Shall render an independent decision at the end of each round.

(b) Shall give their score card to the referee or other person designated by the department at the end of each round and at the end of the final round of an event. The referee or other person designated by the department shall transfer the judge’s scorecard to the inspector assigned to the event.

(c) Shall use the 10-point must scoring system under the ABC’s unified rules or the scoring system under rules approved by the department under s. SPS 192.93 to determine the result of a bout, and their decision shall be final.

(2) The department may not assign a person to act as a judge if it has reasonable proof that the person has any of the following characteristics:

(a) Is not competent to act as a judge.

(b) Has a conflict of interest.

(c) Has been subject to a disciplinary action by the department or another jurisdiction that prohibits the person from acting as a judge.

(3) All judges are independent contractors and shall be assigned at the discretion of the commissioner or department representative.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.20 Referees’ duties {#sec-sps-192.20 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.20}

(1) The department shall assign the referee for all bouts. Once assigned to a bout, a referee has all of the following duties and responsibilities:

(a) Represent the department for the purpose of regulating contestants and others in the ring or cage area, pursuant to this chapter, the bout rules, and ch. 444, Stats.

(b) Maintain, direct, and control the bout at all stages.

(d) Prevent a weakened or outclassed contestant from receiving excessive punishment.

(e) Interpret the rules relevant to a bout, make a determination, and take action upon any circumstance of a bout not covered by a rule.

(f) Caution, warn, or disqualify a contestant for committing a foul. Disqualification may occur after multiple fouls or if the referee determines a foul is flagrant.

(g) Act as the sole arbiter of the bout. The referee is the only official authorized to stop a bout pursuant to s. 444.12, Stats.

(h) Conduct rule meetings with each contestant.

(i) Consult with the ringside physician as needed during a bout.

(j) Issue cautions and deduct points for committed fouls.

(k) As soon as practical after a foul, call time and check the fouled contestant’s condition to determine if they may still participate in the bout, notify which contestant is being penalized and the total number of points the contestant is being penalized, and notify the judges and inspector of the foul and the total point deduction.

(L) Inspect the ring or cage before the beginning of a bout.

(m) When one or both of a boxing, kickboxing, or Muay Thai contestant’s gloves come into contact with the cage or ring floor, wipe the contestant’s gloves before continuing a bout.

(2) Attire for all referees shall be dark trousers or coaching pants and a department-approved collared shirt. The referee’s shoes shall be black and athletic so that the referee is able to maintain good footing on the surface of the ring or cage. Referees for title bouts may wear the assigned uniform of the sanctioning body.

(3) The department may not assign a person to act as a referee if it has reasonable proof the person has any of the following characteristics:

(a) Is not competent to act as a referee.

(b) Has a conflict of interest.

(c) Has been subject to a disciplinary action by the department or another jurisdiction that prohibits the person from acting as a referee.

(4) All referees are independent contractors and shall be assigned at the discretion of the commissioner or department representative.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.21 Ringside physician’s duties {#sec-sps-192.21 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.21}

Once assigned to an unarmed combat sports event, a ringside physician has all of the following duties and responsibilities relating to all bouts to which the ringside physician is assigned:

(1) Be prepared to administer medical procedures to contestants.

(2) If requested by the promoter, attend the official weigh-in.

(3) Conduct the pre-bout physical examination, including examining each contestant no earlier than 36 hours and no later than 2 hours before the event and certifying on forms provided by the department as to the physical fitness of each contestant to compete in an event.

(4) Provide continuous observation at cage or ring side of the physical condition of contestants during bouts including being prepared to administer emergent medical procedures to contestants that receive injuries during bouts.

(5) Conduct post-bout physical examinations, including recommending medical suspensions and medical requirements that must be met to clear medical suspensions.

(6) Attend to injured contestants between bouts.

(7) Complete records and reports.

(8) Provide all medical supplies that will be needed to attend to contestants and conduct examinations.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.22 Second’s duties {#sec-sps-192.22 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.22}

The following provisions apply to seconds assisting a contestant:

(1) A maximum of 3 licensed seconds will be allowed to assist any one contestant or be positioned in a designated area by the ring or cage during a non-championship bout. For championship bouts, there may be 4 licensed seconds allowed to assist any one contestant. The appropriate number of licensed seconds allowed for championship and non-championship bouts will be subject to the approval of the commissioner or department representative and based on venue size and space. A licensed second under the age of 18 may not assist a contestant unless accompanied by a licensed second at least 18 years of age.

(2) A maximum of 2 seconds may enter the ring or cage to tend to a contestant between rounds. In case of an open cut, the ringside physician or a cut man who is licensed as a second may enter the ring or cage. With the exception of the contestants and referee, no other person may enter the ring or cage during a bout without approval from the commissioner or department representative.

(3) Licensed seconds under the age of 18 are prohibited from entering the ring or cage unless accompanied by a licensed second at least 18 years of age.

(4) There may be no profanity, insults, or degrading language from any person working the corner.

(5) If a second leaves the designated area, the contestant the second is assisting shall be disqualified.

(6) Any person violating any rule while working the corner shall be disqualified for the remainder of the event and subject to disciplinary action.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.23 Timekeepers’ duties {#sec-sps-192.23 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.23}

Once assigned to an event, a timekeeper has all of the following duties and responsibilities relating to all bouts to which the timekeeper is assigned:

(1) Provide 2 stopwatches that have been examined and approved by the inspector or department representative.

(2) Give a 10-second warning before the beginning of each round to signal all unauthorized persons to leave the ring or cage before the round begins.

(3) Give a 10-second warning before the end of a round to indicate that the end of the round is approaching.

(4) Provide notice to the referee that a rest period has ended.

(5) Provide notice that a round has ended. A timekeeper may not ring the bell or otherwise provide notice a round has ended until the command to continue is given by the referee at the conclusion of a count.

(6) For boxing, kickboxing, and Muay Thai bouts, begin the count when a contestant is knocked down or out of the ring. Before the number “one” is counted, an interval of one second shall have elapsed from the time the contestant went down or out of the ring and the time of counting “one.”

(7) If a bout terminates before the scheduled limit of a round, inform the inspector or department representative of the exact duration of the bout.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.24 Officials’ pay schedule {#sec-sps-192.24 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.24}

(1) The commissioner or department representative shall appoint all licensed officials for all unarmed combat sports events. Promoters shall compensate all officials appointed by the commissioner or department representative in accordance with the following pay schedule:

(a) A minimum of 3 judges at a minimum of $150 each.

(b) A minimum of one referee at a minimum of $300 each.

(c)

Inspectors who travel less than 90 miles from their residence, at a minimum of $150 each.
Inspectors who travel 90 miles or more from their residence, at a minimum of $200 each.

(d) The department shall assign a minimum of one ringside physician, but may assign additional ringside physicians as determined by the department. A ringside physician shall be assigned as either one of the following:

The primary physician at a minimum of $600, not including the cost of any negotiated services or supplies, who shall attend the official weigh-in, conduct the pre-bout physical examination, and be in attendance at cage or ring side during each bout for the entire event.
The secondary physician at a minimum of $300, who shall be in attendance during the entire event and conduct post-bout physical examinations. In the event of injuries to multiple contestants, the assigned primary physician may assist the secondary physician by alternating duties between attending contestants and remaining at cage or ring side during bouts.

(e) A minimum of one timekeeper at a minimum of $75 each.

(2) An individual who participates in an event as more than one type of official, alternating between individual professional bouts, shall be compensated at the rate of the highest level at which the individual officiated the event, pursuant to s. 444.06, Stats.

(3) The department reserves the right to require additional payments to assigned officials based on any of the following factors:

(a) Number of professional bouts scheduled for the event.

(b) Type of venue, including the venue’s seating capacity.

(d) Inclusion of a title bout at the event.

(e) Traveling more than 90 miles from a residence, which may result in being reimbursed up to an additional $150 for meals, mileage, and necessary expenses incurred in performance of the official’s duties. Any associated lodging shall be provided by the promoter.

(4) No later than 4 business days before the scheduled event, the department and the promoter or professional club shall agree to the amount of compensation for the officials assigned to the event. Failure to reach an agreement on the amount of compensation for assigned officials by the deadline may result in cancellation of the event.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Subchapter IV Conducting Boxing at Events

Wis. Admin. Code § SPS 192.25 General provisions {#sec-sps-192.25 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.25}

(1) To participate in a professional bout a boxer shall be licensed by the department under s. SPS 192.06 and comply with the requirements under s. SPS 192.26.

(2) Each boxer shall present a completed Boxer’s Medical Examination Report form to the ringside physician at the pre-bout physical examination.

(3) No boxer may participate in more than 2 bouts in any one day.

(4) A female boxer and a male boxer may not compete against each other in a bout.

(5) A bout in which more than 2 contestants participate is prohibited.

(6) Only licensed participants or persons approved by the department may be allowed in the ring or designated locker rooms.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.26 Compliance with federal laws {#sec-sps-192.26 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.26}

Professional clubs, promoters, seconds and boxers shall comply with the Professional Boxing Safety Act and provide the department with information, copies of documents, identification cards, copies of contracts, disclosures and notifications, required by this Act.

Note: The Professional Boxing Safety Act may be found in 15 USC 6301 et seq.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.27 Weigh-in procedures and weight classes {#sec-sps-192.27 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.27}

(1) Boxers shall weigh in no more than 36 hours prior to the start time of the event in which they will compete. The weigh-in shall be conducted under the supervision of an inspector or department representative at a place designated by the promoter in an area with ample lighting to observe boxers and conduct the weigh-in.

(2) Boxers may wear a shirt, a pair of shorts, and socks at the weigh-in. Boxers may not wear any additional apparel or jewelry.

(3) The scale shall be provided by the promoter and approved by the inspector or department representative.

(4) Boxers may not participate in a bout where the weigh-in weight difference of opposing boxers exceeds the weight allowance shown in Table A. In this section, “weight allowance” means the difference in weight permitted between boxers in 2 different weight classes.

(5) After having communicated with the promoter, the commissioner or department representative shall have the sole discretion as to whether to cancel a bout if a boxer does not make weight.

(6) There may not be a difference of more than 3 pounds between weight classes from mini flyweight up to the bantamweight class for boxers competing in two different weight classes.

(7) There may not be a difference of more than 4 pounds between weight classes from super bantamweight up to the super featherweight class for boxers competing in two different weight classes.

(8) There may not be a difference of more than 5 pounds between weight classes from lightweight up to the super lightweight class for boxers competing in two different weight classes.

(9) There may not be a difference of more than 7 pounds between weight classes from welterweight up to the light heavyweight class for boxers competing in two different weight classes.

(10) There may not be a difference of more than 12 pounds between a boxer in the cruiserweight division competing against a boxer in the heavyweight division.

Example: A boxer weighing 134 pounds in the bantamweight class may not compete against an opponent who weighs more than 137 pounds in the featherweight class. A boxer weighing 184 pounds in the middleweight class may not compete against an opponent who weighs more than 191 pounds in the light heavyweight class.

(11) A one-pound weight variance is allowed for all weight classes for all bouts except title bouts and catch-weight bouts.

(12) A boxer in the welterweight class or lower may not lose more than 2 pounds within 1 hour. A contestant above the welterweight class may not lose more than 3 pounds within 1 hour.

(13) Weight allowances between weight classes do not apply to contestants in a title bout.

(14) The final agreement between a boxer and a promoter shall be provided to the department no later than 4 business days before the official weigh-in.

(15) Contestants who fail to arrive at their report time for weigh-in will be subject to a suspension of up to 120 days, as reported in the Association of Boxing Commissions’ national database.

(16) Contestants who fail to make their contracted weight within 1 hour of their official weigh-in will be subject to a suspension of up to 120 days, as reported in the Association of Boxing Commissions’ national database.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.28 Fouls {#sec-sps-192.28 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.28}

The following are fouls:

(1) Hitting below the belt; and holding, tripping, or kicking.

(2) A hit or blow with the head, shoulder, forearm, elbow, knee, or foot; pressing with arm or elbow in an opponent’s face or neck; or pressing the head of the opponent back over the ropes.

(3) Hitting with an open glove, the inside of the glove, or the wrist or side of the hand.

(4) A hit that lands on the back of the opponent, and especially any blow on the back of the neck, or head or kidney caused by the boxer administering the punch.

(5) A blow which is delivered during or at the end of a 360-degree pivot.

(6) Attacking while holding the ropes or making any unfair use of the ropes.

(7) Wrestling, holding, or deliberately maintaining a clinch.

(8) Attacking an opponent who is down or who is in the act of rising.

(9) Holding.

(10) Holding and hitting, or pulling and hitting.

(11) Holding or locking of the opponent’s arm or head.

(12) Ducking below the belt of the opponent in a manner dangerous to the opponent.

(13) Defending oneself passively by means of double cover or falling intentionally to avoid a blow.

(14) Failure to obey the referee’s commands.

(15) Attempting to strike an opponent immediately after the referee has ordered “Break” or before taking a step back.

(16) Assaulting or behaving in an aggressive manner towards a referee.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.29 Injuries sustained by fouls {#sec-sps-192.29 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.29}

(1) Intentional foul.

(a) If an intentional foul causes an injury and the injured boxer is not able to continue, the boxer causing the injury shall lose by disqualification.

(b) If an intentional foul causes an injury and the bout is allowed to continue, the referee shall notify the boxer and the judges that 2 points shall be deducted from the score of the boxer who caused the foul.

(c) If an intentional foul causes an injury and the injury results in the bout being stopped in a later round, the injured boxer shall win by technical decision if the boxer is ahead on the scorecards, or the bout shall result in a technical draw if the injured boxer is behind on the scorecards.

(d) If a boxer is injured while attempting to intentionally foul an opponent, the referee shall consider the injury the same as one produced by a fair blow.

(2) Accidental foul.

(a) If an accidental foul occurs before the completion of 4 rounds of a bout and the injured boxer is not able to continue the fight, the fight shall be declared a no contest.

(b) If an accidental foul occurs after the completion of 4 rounds of a bout and the fouled boxer is not able to continue, the judges shall score the bout as a technical knock-out and the boxer who is ahead on points shall be declared the winner. In determining the points, the judges shall score the completed rounds and the incomplete round. If no action has occurred in an incomplete round, the round shall be scored as an even round.

(c) When a boxer is not able to continue boxing, the referee shall stop the action and inform the department representative or inspector, the judges, and both boxers that the foul was accidental. If in the later rounds the injury has worsened as a result of legal blows, and the injured boxer is not able to continue, the judges shall score the bout based on the completed rounds and the incomplete round.

(d) The referee, in consultation with the ringside physician, shall allow an injured boxer up to 5 minutes to recover from an accidental foul.

(e) A boxer who is hit with an accidental low blow shall continue after a reasonable amount of time, not exceeding 5 minutes, or the boxer shall lose the bout. If a boxer is hit with an accidental low blow, the referee shall stop the action in a bout and inform the judges of any deduction of points made by the referee.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.30 Procedures after knock-downs {#sec-sps-192.30 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.30}

(1) When down. A boxer is considered down if any of the following occur:

(a) The boxer touches the floor with any part of the body other than the feet as the result of a blow or series of blows.

(b) The boxer hangs helplessly on the ropes as the result of a blow or series of blows.

(d) Following a hard punch, the boxer has not fallen and is not lying on the ropes, but is in a semi-conscious state and cannot, in the opinion of the referee, continue the bout.

(2) Neutral corner. When a boxer is down, the opponent shall go at once to the neutral corner as designated by the referee. The bout may not continue until the command “Box” is given by the referee. If the opponent does not go to the neutral corner on command the count under sub. (3) shall be stopped until the opponent has done so. The counting shall then be continued where it has been interrupted.

(3) Count.

(a) When a boxer is down, the timekeeper shall immediately begin to count the seconds and continue until the count is taken over by the referee. Before the number “one” is counted, an interval of one second shall have elapsed from the time the boxer went down and the time of counting “one.”

(b) Upon taking over the count from the timekeeper, the referee shall give a mandatory 8 count and shall continue to count to 10 if the downed boxer is not able to continue fighting after the mandatory 8 count. The referee shall count aloud and provide intervals of one second between the numbers, and shall indicate each second with his or her hand in a manner such that the boxer who has been knocked down is aware of the count. The referee shall continue counting, even if the bell sounds, indicating the end of the round.

(4) Mandatory 8 count. When a boxer is down as the result of a blow, the bout may not be continued until the referee has reached the count of 8, even if the boxer is ready to continue before then. If, after the count of 8 has been reached, the boxer immediately falls again without having received a fresh blow, the boxer shall lose the bout by a decision of knock-out.

(5) Both boxers down. If both boxers go down at the same time, counting shall be continued as long as one of them is still down. If both boxers remain down until the count of “10”, the bout shall be stopped and the decision given in accordance with the points awarded up to the time of the knock-down.

(6) Failure to box. A boxer who fails to resume boxing immediately after the termination of the rest interval, who sustains an injury from a fair blow and the injury is severe enough to terminate a bout, or who, when knocked down by a fair blow, fails to resume within 10 seconds, shall lose the bout. A referee may not give a standing 8 count.

(7) Three knockdowns. The referee may not stop a bout solely because a boxer has been knocked down 3 times in one round.

(8) Twenty-second count. When a boxer is knocked out of the ring, the timekeeper shall immediately begin to count the seconds and continue until the count is taken over by the referee. Before the number “one” is counted, an interval of one second shall have elapsed from the time the boxer was knocked out of the ring and the time of counting “one.” Upon taking over the count from the timekeeper, the referee shall give a 20-second count to the boxer. The boxer shall return to the ring without assistance from the boxer’s seconds. Otherwise, the referee shall disqualify the boxer.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.31 Head blows {#sec-sps-192.31 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.31}

(1) Procedure. If a boxer has been knocked out in a bout as the result of head blows or received serious head blows, the boxer shall be examined by a ringside physician immediately. If the ringside physician determines that the boxer may have received head injuries, the ringside physician shall give the boxer a head injury slip meeting the requirements under s. SPS 192.33 and explain its meaning.

(2) Periods of rest required after knock-out or technical knockout.

(a) A boxer who is knocked out during a bout may not take part in competitive unarmed combat or sparring for a period of at least 60 days from the date of the bout. A boxer whose bout was terminated by a technical knock-out may not take part in competitive unarmed combat or sparring for a period of at least 30 days from the date of the bout.

(b) A boxer who, twice in a period of 3 months, has been knocked out may not take part in competitive unarmed combat or sparring during a period of 6 months from the second bout.

(c) A boxer who has been knocked out 3 times in a period of 12 months may not take part in competitive unarmed combat or sparring for a period of one year from the third knock-out.

(d) Before resuming unarmed combat after any of the periods of rest prescribed in par. (a), a boxer shall satisfy any requirements imposed by the department.

(e) The requirements and conditions under pars. (a) and (d) apply to knock-outs and technical knock-outs in bouts that occurred in this state. The requirements and conditions under pars. (b) and (c) apply to knock-outs and technical knock-outs regardless of whether the bouts occurred in this state or another jurisdiction.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.32 Attending a boxer injured or knocked out {#sec-sps-192.32 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.32}

(1) In the event of a knockout or serious injury, the referee shall immediately request the ringside physician to check the boxer’s condition and to render aid if necessary. A ringside physician shall enter the ring immediately if a bout ends in a knock-out or if it is stopped because of an injury.

(2) The attending ringside physician may, on the physician’s initiative, enter the ring between rounds and, at the request of the referee, during the round for the purpose of examining an injured boxer. If in the opinion of the ringside physician a boxer is in danger of further physical injury, the ringside physician shall notify the referee to terminate the bout. The injured boxer shall lose the bout by a technical knock-out, unless a fight is terminated under s. SPS 192.29 (1) (a), results in a technical draw under s. SPS 192.29 (1) (c), or is declared a no contest under s. SPS 192.29 (2).

(3) In the event of any serious injury, the ringside physician shall immediately render treatment and prescribe further treatment if necessary.

(4) Any boxer who sustains a severe injury or a knock-out in a bout shall follow the instructions of the attending ringside physician until the boxer’s personal physician is available.

(5) A boxer who has been knocked out may not be touched, except for removal of the mouthpiece, until the attending ringside physician enters the ring and personally attends the boxer and issues any instructions the ringside physician deems necessary.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.33 Head injury slip {#sec-sps-192.33 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.33}

A head injury slip shall provide instruction to immediately contact a physician if any of the following symptoms occur:

(1) Headache or dizziness lasting over 2 hours.

(2) Increasing drowsiness or loss of consciousness following the bout. The head injury slip shall instruct the boxer to awaken every 2 hours during the night following the bout to check for symptoms under this subsection.

(3) Vomiting.

(4) Blurred vision.

(5) Mental confusion or irrational behavior.

(6) Convulsive seizure.

(7) Inability to move a limb.

(8) Excessive restlessness.

(9) Oozing of blood or watery fluid from the ears or nose.

(10) Inability to control urine or feces.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.34 Mouthpiece and headgear {#sec-sps-192.34 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.34}

(1) All boxers shall wear a mouthpiece during competition. The round may not begin without the mouthpiece. If the mouthpiece is dislodged during competition, the referee shall call time and have the mouthpiece replaced at the first opportune moment, without interfering with the immediate action. The referee may deduct points or disqualify a contestant if the mouthpiece is repeatedly dislodged or it is judged the mouthpiece is being purposely spit out.

(2) Professional boxers, other than those participating in an exhibition bout, may not wear head gear. Boxers participating in an exhibition bout shall wear competition headgear weighing between 10 and 12 ounces that has been approved by USA Boxing, Incorporated or the commissioner or department representative. Headgear may include cheek protectors. Karate foam dipped style headgear, headgear with a jaw bar or face guard, and heavily padded training or sparring headgear are prohibited.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.35 Attire and appearance {#sec-sps-192.35 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.35}

(1) Boxers shall box in proper dress including an approved foul-proof protection cup for a male boxer, trunks with a belt line below or at the waistline, shoes of soft material, without spikes, cleats or heels, and socks which may extend to within one inch below the knee. Trunks may not have metal of any kind.

(2) Male boxers may not wear a shirt or top.

(3) Female boxers may wear breast protectors and shall wear a short-sleeved or sleeveless form-fitting rash guard, a sports bra, or both. Padding for a sports bra shall be secured to the fabric of the bra. Loose fitting tops are prohibited.

(4) Boxers may not wear metal straps, buckles, necklaces, jewelry, or other objects.

(5) No piercing accessories are permitted.

(6) Boxers may use a small amount of Vaseline® jelly or other petroleum jelly on the facial area. No other substances may be used on the head or any other part of the body.

(7) Vaseline® jelly or other petroleum jelly may be applied in between rounds to address a cut, but may not be reapplied to the entire facial area.

(8) Boxers shall secure their hair with soft, non-abrasive material if the referee informs them that their hair interferes with their vision.

(9) Boxers may not wear any equipment that fails to receive approval from the inspector or department representative.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.36 Gloves {#sec-sps-192.36 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.36}

(1) Gloves approved by the inspector prior to the contestants’ pre-bout rule meeting shall be worn by boxers in all bouts. Only thumbless or thumb-attached gloves shall be approved.

(2) Gloves shall weigh no less than 8 ounces each when worn by a boxer weighing under 140 pounds and not less than 10 ounces each when worn by a boxer weighing 140 pounds or more.

(3) Gloves shall be whole, clean and in sanitary condition. Breaking, roughing or twisting of gloves is prohibited. No foreign substances may be applied to gloves except for wrapping around the wrist area to safely secure the laces.

(4) The inspector shall be responsible for rejecting gloves that may pose a safety or health problem to the professional boxer.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.37 Preparation of hands {#sec-sps-192.37 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.37}

(1) Boxers may wrap their hands with gauze and tape prior to a bout. Boxers choosing to not wrap hands prior to a bout shall notify the inspector or department representative.

(2) Boxers shall use soft gauze cloth not more than 15 yards in length and 2 inches in width for each hand, held in place by not more than 10 feet of surgeon’s tape one inch in width for each hand.

(3) No substances, liquid or material other than approved surgeon’s tape and gauze are allowed.

(4) The manager or chief second of the opponent may elect to be present when hands are being wrapped and gloves placed on a boxer.

(5) Gauze and surgeon’s tape shall be placed on the boxer’s hands in the dressing room in the presence of the inspector or department representative, who shall inspect and initial each legally wrapped hand.

(6) Surgeon’s tape shall be placed directly on each hand for protection near the wrist. The tape may not extend within an inch of the knuckles when the hand is clenched to make a fist.

(7) One strip of tape may be used between the fingers to hold down the bandages. Tape strips may be folded once, but braiding of tape strips is prohibited.

(8) Gloves shall be placed on a boxer’s hands in the dressing room in the presence of the inspector or department representative.

(9) The wrist portion of a boxer’s gloves shall be sealed with identifying red or blue duct tape and initialed by the inspector or department representative.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.38 Ring {#sec-sps-192.38 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.38}

All bouts shall be conducted in a ring which meets the following requirements:

(1) The ring shall be a square of not less than 16 nor more than 20 feet on a side within the ropes. The apron of the ring floor shall extend at least 18 inches beyond the ropes. The ring may not be more than 4 feet above the floor of the building or grounds of an outdoor arena and shall have 3 sets of suitable steps for the use of boxers, coaches, and officials, one in each boxer’s corner and one in a neutral corner or area for use by ringside physicians and referees.

(2) The ring shall be circumscribed with at least 4 ropes. Ropes may not be less than one inch in diameter. Ropes may not be made of metal. Ropes shall be wrapped securely with soft material. The lowest rope shall be 18 inches above the ring floor, the second rope 30 inches, the third rope 42 inches, and the fourth rope 54 inches above the ring floor. The ropes shall be secured with 2 spacer ties on each side of the ring. The ring floor shall be padded with a one-inch layer of padding of felt, rubber or other similar material, placed on a one-inch base of building board or similar supporting base. Padding shall be covered with canvas duck, or similar material tightly stretched and laced securely in place, preferably under the apron.

(3) Ring posts shall be at least 3 inches in diameter, extending from the floor to the height of 58 inches above the ring floor. Ropes shall be connected to posts with the extension not shorter than 18 inches. Turn-buckles shall be covered with a protective padding. Full-length vertical corner pads shall be secured in place.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.39 Corner equipment {#sec-sps-192.39 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.39}

(1) At least one second who works in a boxer’s corner may have the following equipment:

(a) A bucket.

(b) Clean towels.

(d) Ice in a spill-proof sealed container.

(e) Water in clear plastic sealed containers.

(2) Seconds shall submit the bucket and corner equipment to the inspector or department representative for inspection and approval before a bout.

(3) In case of a cut, a boxer’s seconds may only make topical use of the following:

(a) A solution of adrenaline 1/1000.

(b) Avetine.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.40 Number of rounds in a bout {#sec-sps-192.40 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.40}

(1) No bout involving female boxers may be scheduled for more than 10 rounds with each round lasting 2 minutes and with a one-minute rest between rounds.

(2) No bout involving male boxers may be scheduled for more than 15 rounds with each round lasting 3 minutes and with a one-minute rest between rounds.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.41 Consumables {#sec-sps-192.41 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.41}

(1) Only water or an approved electrolyte-replacement beverage may be consumed during the bout. Electrolyte-replacement beverages include Gatorade®, Powerade®, Propel®, and Smartwater®. All consumables are subject to approval by the inspector or department representative.

(2) Beverages shall be brought to ring side unopened, sealed, and only in a plastic container. Unsealed beverages are prohibited.

(3) The inspector or department representative shall approve and sign off on any beverage.

(4) No stimulant beverages or beverages with caffeine, such as Red Bull® and Rockstar, are allowed.

(5) The department reserves the right to inspect, test, or remove any beverage from ring side. The department may test any contestant that an inspector or department representative believes is in violation of this section.

(6) Any beverage that is tested and found to have been altered in a manner that has not been approved by the inspector or department representative shall result in the contestant being subject to disqualification and disciplinary action.

(7) Tobacco use is not permitted in the contestant’s locker room.

(8) Use of any energy stimulant in pill or other form is not permitted.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Subchapter V Conducting Mixed Martial Arts at Events

Wis. Admin. Code § SPS 192.42 General provisions {#sec-sps-192.42 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.42}

(1) Male and female contestants may not compete against each other in a bout.

(2) Each contestant shall present a completed medical examination report form containing the information in s. SPS 192.06 (2) (d) to the ringside physician at the pre-bout examination.

(3) All professional and amateur bouts shall be conducted under the supervision of the department.

(4) Only licensed participants or persons approved by the department may be allowed in the cage or designated locker rooms.

(5) Amateur contestants may not currently or have ever been a professional fighter in any combative sport. This includes mixed martial arts, boxing, karate, or any other form of a combative sport. Any contestant found in violation will be subject to disciplinary action.

(6) Debut amateur contestants shall complete a department-approved form detailing the contestant’s experience and training for mixed martial arts competitions. The trainer of the debut contestant shall certify that the contestant is skilled enough to compete and has never engaged in any form of unarmed combat as a professional.

(7) Amateur contestants shall have a minimum of 5 recorded amateur bouts on the Association of Boxing Commissions’ national database prior to being permitted to compete as a professional contestant. The commissioner or department representative may waive this requirement.

(8) A bout in which more than 2 contestants participate is prohibited.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.43 Weigh-in procedures and weight classes {#sec-sps-192.43 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.43}

(1) Professional and amateur contestants shall weigh in no more than 36 hours prior to the start time of the event in which they will compete. The weigh-in shall be conducted under the supervision of an inspector or department representative at a place designated by the promoter in an area with ample lighting to observe contestants and conduct the weigh-in.

(2) Contestants may wear a shirt, a pair of shorts, and socks at the weigh-in. Contestants may not wear any additional apparel or jewelry.

(3) The scale shall be provided by the promoter and approved by the inspector or department representative.

(4) Contestants may not participate in a bout where the weigh-in weight difference of opposing contestants exceeds the weight allowance shown in Table A. In this section, “weight allowance” means the difference in weight permitted between contestants in 2 different weight classes.

(5) After having communicated with the promoter, the commissioner or department representative shall have the sole discretion as to whether to cancel a bout if a contestant does not make weight.

(6) There may not be a difference of more than 3 pounds between weight classes from straw weight up to the bantamweight class for fighters competing in two different weight classes.

(7) There may not be a difference of more than 5 pounds between weight classes from featherweight up to the welterweight class for fighters competing in two different weight classes.

(8) There may not be a difference of more than 7 pounds between weight classes from middleweight up to the superheavyweight class for fighters competing in two different weight classes.

Example: A fighter weighing 134 pounds in the bantamweight class may not compete against an opponent who weighs more than 137 pounds in the featherweight class. A fighter weighing 184 pounds in the middleweight class may not compete against an opponent who weighs more than 191 pounds in the light heavyweight class.

(9) A one-pound weight variance is allowed for all weight classes for all bouts except title bouts and catch-weight bouts.

(10) A contestant in the welterweight class or lower may not lose more than 2 pounds within 1 hour. A contestant above the welterweight class may not lose more than 3 pounds within 1 hour.

(11) Weight allowances between weight classes do not apply to contestants in a title bout.

(12) The final agreement between a contestant and a promoter shall be provided to the department no later than 4 business days before the official weigh-in.

(13) Contestants who fail to arrive at their report time for weigh-in will be subject to a suspension of up to 120 days, as reported in the Association of Boxing Commissions’ mixed martial arts national database.

(14) Contestants who fail to make their contracted weight within 1 hour of their official weigh-in will be subject to a suspension of up to 120 days, as reported in the Association of Boxing Commissions’ national database.

Note: On July 26, 2017, the Association of Boxing Commissions revised its unified rules of mixed martial arts to include 4 weight classes in addition to those listed in Table A. As required under s. 444.095 (4), Stats., the department is conducting mixed martial arts contests using the weight classes as revised by the ABC. A complete list of weight classes is available on the ABC’s website at http://www.abcboxing.com/unified-weight-classes-mma/. Table A will be revised in future rulemaking.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.44 Judging and scoring {#sec-sps-192.44 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.44}

(1) All bouts will be scored by 3 judges.

(2) The ten-point must scoring system under the ABC’s unified rules shall be the standard system of scoring a bout. The winner of the round shall be awarded 10 points, and the loser of the round shall be awarded 9 points or less, except for the rare occasion of an even round, that is scored 10 to 10.

Note: The ABC’s unified rules are available at www.abcboxing.com.

(3) Only the referee may assess a foul or any point deductions. Judges may not deduct points for what they interpret is a foul.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.45 Fouls {#sec-sps-192.45 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.45}

(1) The referee may caution, warn, or penalize a contestant for committing a foul.

(2) The penalty for a foul may be a deduction of points or disqualification. Any points deducted for a foul shall be deducted in the round in which the foul occurred. Disqualification may occur after multiple fouls or if the referee determines a foul is flagrant.

(3) If a bottom contestant commits a foul and in the referee’s judgment is not in control, unless the top contestant is injured, the bout shall continue so as not to jeopardize the top contestant’s superior positioning at the time.

(4) The referee shall verbally notify the bottom contestant of the foul.

(5) If an injury results from a foul and is severe enough to terminate the bout, the contestant causing the injury loses by disqualification.

(6) If an intentional foul causes an injury and the bout is allowed to continue, a mandatory 2-point penalty shall be assessed to the contestant committing the foul.

(7) When an injury sustained by a contestant as a result of an intentional foul causes the contestant to be unable to continue at a subsequent point, the injured contestant shall win by a technical decision, if they are ahead on the score cards. If the injured contestant is even or behind on the score card at the time of the stoppage, the bout shall be declared a technical draw.

(8) If a bout is stopped because of an unintentional foul, the referee shall determine whether the contestant who has been fouled can continue or not. If the contestant’s chance of winning has not been seriously jeopardized as a result of the foul, and if the foul did not involve concussive impact to the head of the contestant who has been fouled, the referee may order the bout continued after a recuperative interval of not more than 5 minutes. Immediately after stopping the bout or at the end of the round, the referee shall immediately inform the inspector, commissioner, or department representative of their determination that the foul was accidental and unintentional.

(9) If the referee determines either from their observation or that of the ringside physician that the bout may not continue because of the injury from the unintentional foul, the bout shall be declared a no contest if the foul occurred before completion of the first 2 rounds of a non-championship bout, or before completion of the first 3 rounds of a championship bout.

(10) If an unintentional foul renders the contestant unable to continue the bout, or an injury from an intentional foul later becomes aggravated by fair blows and the referee stops the bout because of the injury, after the completion of the second round in a non-championship bout or 3-round bout, or after the completion of the third round of a championship bout or 5-round bout, the outcome shall be determined by scoring the completed rounds and the partial round at which the referee stopped the bout.

(11) A contestant may not be declared the winner of a bout on the basis of their claim that the opponent fouled them unintentionally by hitting them in the groin. If after a recuperative interval of not more than 5 minutes a contestant is unwilling to continue because of the claim of being hit in the groin, the bout will be declared a no contest if the second round has not been completed in a 3-round bout or the third round has not been completed in a 5-round bout.

(12)

(a) Except as provided in pars. (b) and (c), types of fouls in a mixed martial arts bout are those identified in the ABC’s unified rules for mixed martial arts.

(b) An illegal strike to the back of the head, resulting in a foul, include a strike in the nape of the neck area up to the top of the ears, and a strike in the mohawk area from the top of the ears to the crown of the head, or the area where the head begins to curve, as specified in the ABC’s unified rules.

An elbow or forearm strike.
Any strike to the head with the knee.
Cranking the neck or using any hold that places a contestant’s neck in jeopardy from a crank.
Any leg submission except a kneebar or straight ankle lock.
A hand choke.
Striking against the knees including any strike to or around the knee joint.
A spinal crank or lock.

Note: The ABC’s unified rules are available at www.abcboxing.com.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.46 Mouthpiece {#sec-sps-192.46 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.46}

All contestants shall wear a mouthpiece during competition. The round may not begin without the mouthpiece. If the mouthpiece is dislodged during competition, the referee shall call time and have the mouthpiece replaced at the first opportune moment, without interfering with the immediate action. The referee may deduct points or disqualify a contestant if the mouthpiece is repeatedly dislodged or it is judged the mouthpiece is being purposely spit out.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.47 Appearance and attire {#sec-sps-192.47 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.47}

(1) Male contestants shall wear a groin protector that will protect them against injury from a foul blow.

(2) Female contestants may wear groin and breast protectors.

(3) Each contestant shall wear mixed martial arts shorts, biking shorts, or kickboxing shorts. Shorts shall be approved by the inspector or department representative.

(4) Male contestants may not wear a shirt, Gi, or other top.

(5) Female contestants shall wear a short-sleeved or sleeveless form-fitting rash guard, a sports bra, or both. Padding for a sports bra shall be secured to the fabric of the bra. Loose fitting tops are prohibited.

(6) No shoes are permitted.

(7) No grappling shin guards are permitted.

(8) No piercing accessories are permitted.

(9) No body grease, gels, balms, oils, or lotions may be applied to the hair, face or body. This includes the use of excessive amounts of water dumped on a contestant to make him or her slippery.

(10) Vaseline® jelly or other petroleum jelly may be applied to the facial area, but only from the cheekbone area to the forehead, at cage side in the presence of an inspector, referee, or a person designated by the department. Any contestant applying anything other than petroleum jelly in an approved fashion prior to this may be penalized a point or disqualified. Petroleum jelly may be applied in between rounds to address a cut, but may not be reapplied to the entire facial area.

(11) Taping of hands, wrists, and ankles is permitted.

(12) Only neoprene joint supports may be used. Metal supports are prohibited.

(13) Fingernails and toenails shall be trimmed.

(14) The inspector or department representative shall determine whether head or facial hair presents any hazard to the safety of the contestant or their opponent or will interfere with the supervision and conduct of the event. Facial hair may not be braided.

(15) Contestants may not wear any equipment that fails to receive approval from the inspector or department representative.

(16) Amateur contestants shall wear mixed martial arts shorts, biking shorts, or boxing or kickboxing shorts during competition that will be subject to the approval of a department representative. The shorts may not have pockets, buttons, zippers, grommets, exposed hook-and-loop fasteners, or metal of any kind.

(17) Amateur contestants may not wear padding on their feet during a bout. Ankle guards or neoprene knee wraps are optional, and shall be approved by the department.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.48 Gloves {#sec-sps-192.48 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.48}

(1) All non-amateur contestants shall wear grappling gloves that weigh a minimum of 4 ounces and not more than 8 ounces. Amateur contestants shall wear gloves that weigh a minimum of 6 ounces and a maximum of 8 ounces.

(2) Gloves shall be supplied by the promoter. Contestants are not permitted to supply their own gloves. Gloves shall be new the first time they are being inspected by the department representative. Once inspected, new gloves may not be used more than 3 times. Used gloves may not be worn for title bouts. The promoter shall supply new gloves for both contestants competing in any title bout including state bouts.

(3) Both contestants in a bout shall wear gloves of the same weight.

(4) Each contestant’s gloves shall be inspected and approved by the inspector, referee, or department representative prior to the contestants’ pre-bout rule meeting.

(5) Amateur contestants may use a mitt-style glove.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.49 Preparation of hands {#sec-sps-192.49 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.49}

(1) Contestants may wrap their hands with gauze and tape prior to a bout. Contestants choosing to not wrap hands prior to a bout shall notify the inspector or department representative.

(2) Contestants shall use soft gauze cloth not more than 15 yards in length and 2 inches in width for each hand, held in place by not more than 10 feet of surgeon’s tape one inch in width for each hand.

(3) No substances, liquid or material other than approved surgeon’s tape and gauze are allowed.

(4) The manager or chief second of the opponent may elect to be present when hands are being wrapped and gloves placed on a contestant.

(5) Gauze and surgeon’s tape shall be placed on the contestant’s hands in the dressing room in the presence of the inspector or department representative, who shall inspect and initial each legally wrapped hand.

(6) Surgeon’s tape shall be placed directly on each hand for protection near the wrist. The tape may not extend within an inch of the knuckles when the hand is clenched to make a fist.

(7) One strip of tape may be used between the fingers to hold down the bandages. Tape strips may be folded once, but braiding of tape strips is prohibited.

(8) Gloves shall be placed on a contestant’s hands in the dressing room in the presence of the inspector or department representative.

(9) The wrist portion of a contestant’s gloves shall be sealed with identifying red or blue duct tape and initialed by the inspector or department representative.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.50 Requirements for cage area {#sec-sps-192.50 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.50}

(1) All mixed martial arts bouts shall take place in a cage or fenced area that has been approved by the department and is subject to inspection prior to each bout by the referee, inspector, or department representative.

(2) Mixed martial arts bouts may not be conducted in a ring.

(3) The fighting-area floor shall be no smaller than 18 feet in diameter and no larger than 36 feet in diameter.

(4) The fighting-area floor shall be padded in a manner approved by the department, with at least a one-inch layer of foam padding. Padding shall extend beyond the fighting area and over the edge of the platform.

(5) The fighting-area floor shall not be more than 4 feet above the floor of the building and shall have 2 sets of suitable steps or ramps for use by the contestants.

(6) Posts shall be made of metal not more than 6 inches in diameter, extending from the floor of the building to a minimum height of 58 inches above the fighting-area floor and shall be properly padded in a manner approved by the department.

(7) The fighting area shall be enclosed by a fence made of material, such as vinyl-coated chain-link fencing, that will not allow a contestant to fall out or break through it onto the building floor or spectators.

(8) All metal parts shall be covered and padded in a manner approved by the department and may not be abrasive to the contestants.

(9) The fighting area shall have 2 separate entries onto the fighting-area floor.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.51 Corner equipment {#sec-sps-192.51 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.51}

(1) At least one second who works in a contestant’s corner may have the following equipment:

(a) A bucket.

(b) Clean towels.

(d) Ice in a spill-proof sealed container.

(e) Water in clear plastic sealed containers.

(2) Seconds shall submit the bucket and corner equipment to the inspector or department representative for inspection and approval before a bout.

(3) In case of a cut, a contestant’s seconds may only make topical use of the following:

(a) A solution of adrenaline 1/1000.

(b) Avetine.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.52 Number, type, and duration of rounds and bouts {#sec-sps-192.52 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.52}

(1)

(a) Except as provided in par. (b), professional bouts shall be 3 rounds of 5 minutes each with a one minute rest period that includes a 10 second warning signal.

(b) Professional championship bouts may be 4 or 5 rounds of 5 minutes each with a one minute rest period that includes a 10 second warning signal.

(2)

(a) Except as provided in par. (b), amateur bouts shall be 3 rounds of 3 minutes each with a one minute rest period that includes a 10 second warning signal.

(b) Amateur championship bouts may be 4 or 5 rounds of 3 minutes each with a one minute rest period that includes a 10 second warning signal.

(3) A minimum of 24 rounds shall be scheduled unless waived by the commissioner or department representative.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.53 Types of bout results {#sec-sps-192.53 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.53}

A mixed martial arts bout may end under any of the following results:

(1) Submission, as demonstrated by any of the following:

(a) Tap out, which occurs when a contestant physically uses their hands to indicate that they no longer wish to continue.

(b) Verbal tap out, which occurs when a contestant verbally announces to the referee that they do not wish to continue.

(2) Knock-out, as demonstrated when a contestant is rendered unconscious due to a legal strike.

(3) Technical knock-out, which occurs through any of the following:

(a) The referee stops the bout because the contestant can no longer defend himself or herself.

(b) The ringside physician advises the referee to stop the bout.

(d) The referee stops the bout because a contestant is injured by a legal technique and cannot continue.

(4) Decision via scorecards, which may be of any of the following types:

(a) Unanimous, which occurs when all 3 judges score the bout for the same contestant.

(b) Split decision, which occurs when 2 judges score the bout for one contestant and one judge scores for the opponent.

(c) Majority decision, which occurs when 2 judges score the bout for the same contestant and one judge scores the bout a draw.

(5) Draw, which may be of any of the following types:

(a) Unanimous, which occurs when all 3 judges score the bout a draw.

(b) Majority, which occurs when 2 judges score the bout a draw.

(6) Disqualification, which occurs when an injury sustained during competition as a result of an intentional foul as determined by the referee is severe enough to terminate the bout. Under this situation, the contestant causing the injury loses by disqualification.

(7) Forfeit, which occurs when a contestant fails to begin competition or prematurely ends the bout for reasons other than injury or indicating a tap out.

(8) Technical draw, which occurs through any of the following:

(a) An injury sustained during competition as a result of an intentional foul, as determined by the referee, causes the injured contestant unable to continue at a subsequent point in the bout, and the injured contestant shall win by a technical decision if the contestant is ahead on the scorecards.

(b) The number of rounds specified in s. SPS 192.52 have been completed, with the results of the scorecards being a draw.

(9) Technical decision, which occurs through any of the following:

(a) When a bout is prematurely stopped due to an injury and a contestant is leading on the scorecards.

(b) When an injury sustained during competition as a result of an intentional foul, as determined by the referee, causes the injured contestant unable to continue at a subsequent point in the bout, the injured contestant shall win by a technical decision if the contestant is ahead on the scorecards.

(10) No contest, which occurs when a bout is prematurely stopped due to accidental injury and a sufficient number of rounds have not been completed to render a decision via the scorecards.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.54 Rule meetings {#sec-sps-192.54 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.54}

All contestants shall attend pre-bout meetings with the referee and a department representative to review the ABC’s unified rules, fouls, and department requirements. Seconds and other persons approved by the department may attend meetings under this section.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.55 Consumables {#sec-sps-192.55 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.55}

(2) Beverages shall be brought to cage side unopened, sealed, and only in a plastic container. Unsealed beverages are prohibited.

(3) The inspector or department representative shall approve and sign off on any beverage.

(4) No stimulant beverages or beverages with caffeine, such as Red Bull® and Rockstar, are allowed.

(5) The department reserves the right to inspect, test, or remove any beverage from cage side. The department may test any contestant that an inspector or department representative believes is in violation of this section.

(7) Tobacco use is not permitted in the contestant’s locker room.

(8) Use of any energy stimulant in pill or other form is not permitted.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Subchapter VI Conducting Kickboxing at Events

Wis. Admin. Code § SPS 192.56 General provisions {#sec-sps-192.56 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.56}

(1) A male contestant may not compete against a female contestant in a bout.

(2) Each contestant shall present all required physical examination forms and laboratory reports to the ringside physician at the pre-bout examination.

(3) All professional and amateur bouts shall be conducted under the supervision of the department.

(4) Only licensed participants or persons approved by the department may be allowed in the ring or cage or designated locker rooms.

(6) Debut amateur contestants shall complete a department-approved form detailing the contestant’s experience and training for unarmed combat sports competitions. The trainer of a debut contestant shall certify that the contestant is skilled enough to compete and has never engaged in any form of unarmed combat as a professional.

(7) A bout in which more than 2 contestants participate is prohibited.

(8) Bouts shall take place in a cage meeting the requirements under s. SPS 192.69 or ring meeting the requirements under s. SPS 192.70.

(9) Improper use of or tampering with equipment by a contestant or contestant’s second is prohibited. Any violation of this subdivision may result in a point reduction or disqualification of the contestant.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.57 Weigh-in procedures and weight classes {#sec-sps-192.57 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.57}

(1) Contestants shall weigh in no more than 36 hours prior to the start time of the event in which they will compete. The weigh-in shall be conducted under the supervision of an inspector or department representative at a place designated by the promoter in an area with ample lighting to observe contestants and conduct the weigh-in.

(2) Contestants may wear a shirt, a pair of shorts, and socks at the weigh-in. Contestants may not wear any additional apparel or jewelry.

(3) The scale shall be provided by the promoter and approved by the inspector or department representative.

(5) After having communicated with the promoter, the commissioner or department representative shall have the sole discretion as to whether to cancel a bout if a contestant does not make weight.

(6) There may not be a difference of more than 3 pounds between weight classes from mini flyweight up to the bantamweight class for contestants competing in two different weight classes.

(7) There may not be a difference of more than 4 pounds between weight classes from super bantamweight up to the super featherweight class for contestants competing in two different weight classes.

(8) There may not be a difference of more than 5 pounds between weight classes from lightweight up to the super lightweight class for contestants competing in two different weight classes.

(9) There may not be a difference of more than 7 pounds between weight classes from welterweight up to the light heavyweight class for contestants competing in two different weight classes.

(10) There may not be a difference of more than 12 pounds between a contestant in the cruiserweight division competing against a contestant in the heavyweight division.

Example: A contestant weighing 134 pounds in the bantamweight class may not compete against an opponent who weighs more than 137 pounds in the featherweight class. A contestant weighing 184 pounds in the middleweight class may not compete against an opponent who weighs more than 191 pounds in the light heavyweight class.

(11) A one-pound weight variance is allowed for all weight classes for all bouts except title bouts and catch-weight bouts.

(12) A contestant in the welterweight class or lower may not lose more than 2 pounds within 1 hour. A contestant above the welterweight class may not lose more than 3 pounds within 1 hour.

(13) Weight allowances between weight classes do not apply to contestants in a title bout.

(14) The final agreement between a contestant and a promoter shall be provided to the department no later than 4 business days before the official weigh-in.

(15) Contestants who fail to arrive at their report time for weigh-in will be subject to a suspension of up to 120 days, as reported in the Association of Boxing Commissions’ national database.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.58 Judging and scoring {#sec-sps-192.58 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.58}

(1) All bouts shall be scored by 3 judges.

(2) The ten-point must scoring system under the ABC’s unified rules shall be the standard system of scoring a bout. The winner of the round shall be awarded 10 points. The loser of the round shall be awarded 6, 7, 8, or 9 points. If the round is determined to be an even round, each contestant shall be awarded 10 points.

(3) Effective striking is judged by determining the total number of effective legal strikes landed. A strike resulting in a flash knockdown under s. SPS 192.60 (2) shall be judged less effective than a strike resulting in a knockdown requiring a count under s. SPS 192.60 (4).

(4) Effective control is judged by determining who is dictating the pace, location, and position of the bout.

(5) Effective aggressiveness means moving forward and landing legal strikes.

(6) Only the referee may assess a foul or any point deductions. Judges may not deduct points for what they interpret is a foul.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.59 Fouls {#sec-sps-192.59 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.59}

(1) The referee may caution, warn, or penalize a contestant for committing a foul.

(3) If an injury results from an intentional foul and is severe enough to terminate the bout, the contestant causing the injury loses by disqualification.

(4) When an injury from an intentional foul later becomes aggravated by legal strikes and the referee stops a bout before completion of a majority of the scheduled rounds because of the injury, the injured contestant shall win by a technical decision, if they are ahead on the score cards. If the injured contestant is even or behind on the score cards at the time of the stoppage, the bout shall be declared a technical draw.

(5) If an injury from an intentional foul later becomes aggravated by legal strikes and the referee stops a bout after completion of a majority of the scheduled rounds because of the injury, the outcome shall be determined by scoring the completed rounds and the partial round at which the referee stopped the bout.

(6)

(a) If an accidental foul occurs before the completion of a majority of the scheduled rounds of a bout and the injured contestant is not able to continue the fight, the fight shall be declared a no contest.

(b) If an accidental foul occurs after the completion of a majority of the scheduled rounds of a bout and the fouled contestant is not able to continue, the judges shall score the bout as a technical knock-out and the contestant who is ahead on points shall be declared the winner. In determining the points, the judges shall score the completed rounds and the incomplete round. If no action has occurred in an incomplete round, the round shall be scored as an even round.

(c) When a contestant is not able to continue fighting, the referee shall stop the action and inform the department’s inspector, the judges and both contestants that the foul was accidental. If in the later rounds the injury has worsened as a result of legal blows, and the injured contestant is not able to continue, the judges shall score the bout based on the completed rounds and the incomplete round.

(d) The referee, in consultation with the ringside physician, shall allow an injured contestant up to 5 minutes to recover from an accidental foul.

(e) A contestant who is hit with an accidental low blow shall continue after a reasonable amount of time, not exceeding 5 minutes, or the contestant shall lose the bout. If a contestant is hit with an accidental low blow, the referee shall stop the action in a bout and inform the judges of any deduction of points made by the referee.

(7) Types of fouls in a kickboxing bout include all of the following:

(a) Butting with the head.

(b) Attacking the throat.

(d) Targeting below the waistline, except for a foot-to-foot sweep to the lead foot below the ankle or either foot below the ankle if all of the following apply:

The contestant executing the sweep is squared to the opponent.
Neither of the opponent’s feet is leading.
The opponent has equal weight on both feet.

(e) Slapping.

(f) Spitting.

(g) Biting.

(h) Holding.

(i) Holding or pulling the opponent, ring, or cage and striking.

(j) Holding or locking of the opponent’s arm or head.

(k) Striking with the knee, elbow, or forearm.

(L) A palm heel strike.

(m) A backhand or backfist strike, except a spinning backhand or backfist strike.

(n) Attacking or manipulating any joint.

(o) A clubbing or hammerfist strike.

(p) A spinning foot or leg sweep.

(q) A karate chopping strike.

(r) Attacking an opponent who is down or who is in the act of rising.

(s) Abusive language or gesture.

(t) Failure to obey the referee’s commands.

(u) Fighting after the bell has signaled the end of a round.

(v) Pushing or shoving an opponent.

(w) Intentionally avoiding contact with the opponent.

(x) Intentionally delaying the bout.

(y) Eye gouging.

(z) Any other unsportsmanlike conduct as determined by the referee.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.60 Procedures after knock-downs {#sec-sps-192.60 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.60}

(1) When down. A contestant is considered down if any of the following occur:

(a) The contestant touches the floor with any part of the body other than the feet as the result of a blow or series of blows other than a foot-to-foot sweep.

(b) The contestant hangs helplessly on the cage or ropes as the result of a blow or series of blows other than a foot-to-foot sweep.

(c) The contestant is outside or partly outside the ropes as the result of a blow or series of blows other than a foot-to-foot sweep.

(d) Following a blow, the contestant has not fallen and is not lying on the cage or ropes, but is in a semi-conscious state and cannot, in the opinion of the referee, continue the bout.

(2) Flash knockdowns. A flash knockdown occurs when, after having been knocked down under sub. (1) (a), a contestant rises immediately to his or her feet. Subsections (3), (4), (5), and (6) do not apply to a flash knockdown.

(3) Neutral corner. When a contestant is down, the opponent shall go at once to the neutral corner as designated by the referee. The bout may not continue until the command “Fight” is given by the referee. If the opponent does not go to the neutral corner on command, the count under sub. (4) shall be stopped until the opponent has done so. The counting shall then be continued where it has been interrupted.

(4) Count.

(a) When a contestant is down, the timekeeper shall immediately begin to count the seconds and continue until the count is taken over by the referee. Before the number “one” is counted, an interval of one second shall have elapsed from the time the boxer went down and the time of counting “one.”

(b) Upon taking over the count from the timekeeper, the referee shall give a mandatory 8 count and shall continue to count to 10 if the downed contestant is not able to continue fighting after the mandatory 8 count. The referee shall count aloud and provide intervals of one second between the numbers, and shall indicate each second with his or her hand in a manner such that the contestant who has been knocked down is aware of the count. The referee shall continue counting, even if the bell sounds, indicating the end of the round.

(5) Mandatory 8 count. When a contestant is down as the result of a blow, the bout may not be continued until the referee has reached the count of 8, even if the contestant is ready to continue before then. If, after the count of 8 has been reached, a contestant immediately falls again without having received a fresh blow, the contestant shall lose the bout by a decision of knock-out.

(6) Both contestants down. If both contestants go down at the same time, counting shall be continued as long as one of them is still down. If both contestants remain down until the count of “10,” the bout shall be stopped and the decision shall be a technical draw.

(7) Failure to fight.

(a) A contestant who fails to resume fighting immediately after the termination of the rest interval, who sustains an injury from a fair blow and the injury is severe enough to terminate a bout, or who, when knocked down by a fair blow, fails to resume within 10 seconds, shall lose the bout. Except as provided in par. (b), a referee may not give a standing 8 count.

(b) The referee of an amateur bout may give a standing 8 count to determine if a contestant who is not considered down is able to continue fighting. The referee shall count aloud and provide intervals of one second between the numbers, indicating each second with his or her hand in a manner such that the contestant is aware of the count. If the referee determines the contestant is unable to continue fighting, the bout shall be stopped and the contestant shall lose the bout by a decision of technical knock-out.

(8) Three knockdowns. The referee may not stop a professional bout solely because a contestant has been knocked down 3 times in one round. The referee shall stop an amateur bout at any combination of 3 knockdowns requiring a count under s. SPS 192.60 (4) and standing 8 counts in one round. If an amateur bout is stopped under this subsection, the contestant shall lose the bout by a decision of technical knock-out.

(9) Twenty-second count. When a contestant is knocked out of the ring, the timekeeper shall immediately begin to count the seconds and continue until the count is taken over by the referee. Before the number “one” is counted, an interval of one second shall have elapsed from the time the boxer went out of the ring and the time of counting “one.” Upon taking over the count from the timekeeper, the referee shall give a 20-second count to the contestant. The contestant shall return to the ring without assistance from the contestant’s seconds. Otherwise, the referee shall disqualify the contestant.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.61 Appearance and attire {#sec-sps-192.61 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.61}

(1) Male contestants shall wear a groin protector that will protect them against injury from a foul blow.

(2) Female contestants may wear groin and breast protectors.

(3)

(a) Except as provided in par. (b), each contestant in a bout shall wear long pants designed for unarmed combat sports, mixed martial arts shorts, biking shorts, or kickboxing shorts. The pants or shorts may not have pockets, buttons, zippers, grommets, exposed hook-and-loop fasteners, or metal of any kind. Pants and shorts shall be approved by the inspector or department representative.

(b) For bouts in which kicks to the legs are permitted, a contestant may not wear long pants.

(4) Male contestants may not wear a shirt or top.

(6) No piercing accessories are permitted.

(7) A contestant may wear soft contact lenses. No other corrective lenses are permitted.

(8) No shoes are permitted.

(9) No grappling or soccer shin guards are permitted.

(10) Contestants may use a small amount of Vaseline® jelly or other petroleum jelly on the facial area. No other substances may be used on the head or any other part of the body.

(11) Vaseline® jelly or other petroleum jelly may be applied in between rounds to address a cut, but may not be reapplied to the entire facial area.

(12) Taping of hands, wrists, and ankles is permitted.

(13) Only neoprene joint supports may be used. Metal supports are prohibited.

(14) Fingernails and toenails shall be trimmed.

(15) The inspector or department representative shall determine whether head or facial hair presents any hazard to the safety of the contestant or their opponent or will interfere with the supervision and conduct of the event. Facial hair may not be braided.

(16) Contestants may not wear any equipment that fails to receive approval from the inspector or department representative.

(17) Ankle guards that have been approved by the inspector or department representative may be worn.

(18) A contestant qualified as a black belt in any form of martial arts may wear a black belt during competition. A black belt shall be worn so that it will remain in place during competition.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.62 Gloves {#sec-sps-192.62 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.62}

(1) Except as otherwise approved by the inspector or commissioner, thumb-attached gloves of the same brand and style shall be provided to each contestant by the promoter. Gloves approved by the inspector or commissioner prior to the contestants’ pre-bout rule meeting shall be worn by contestants in all bouts.

(2) Except as provided in sub. (3) or otherwise approved by the inspector or commissioner, gloves for a professional contestant in a weight class of 147 pounds or less shall weigh 8 ounces each and gloves for a professional contestant in a weight class of more than 147 pounds shall weigh 10 ounces each. Gloves for all amateur contestants shall weigh 10 ounces each.

(3) If agreed to by both contestants and approved by the inspector or commissioner, contestants may wear gloves heavier than specified in sub. (2).

(4) Gloves shall be whole, clean, and in sanitary condition. Breaking, roughing, or twisting of gloves is prohibited. No foreign substances may be applied to gloves except for wrapping around the wrist area to safely secure the laces.

(5) The inspector or commissioner shall be responsible for rejecting gloves that may pose a safety or health risk to a contestant.

(6) Before being reused, gloves shall be cleaned using a solution of 10% bleach and 90% water.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.63 Preparation of hands {#sec-sps-192.63 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.63}

(1) Contestants may wrap their hands with gauze and tape prior to a bout. Contestants choosing to not wrap hands prior to a bout shall notify the inspector or department representative.

(2) Contestant’s shall use soft gauze cloth not more than 15 yards in length and 2 inches in width for each hand, held in place by not more than 10 feet of surgeon’s tape one inch in width for each hand.

(3) No substances, liquid, or material other than approved surgeon’s tape and gauze are allowed.

(4) The manager or chief second of the opponent may elect to be present when hands are being wrapped and gloves placed on a contestant.

(6) Surgeon’s tape shall be placed directly on each hand for protection near the wrist. The tape may not extend within an inch of the knuckles when the hand is clenched to make a fist.

(7) One strip of tape may be used between the fingers to hold down the bandages. Tape strips may be folded once, but braiding of tape strips is prohibited.

(8) Gloves shall be placed on a contestant’s hands in the dressing room in the presence of the inspector or department representative.

(9) The wrist portion of a contestant’s gloves shall be sealed with identifying red or blue duct tape and initialed by the inspector or department representative.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.64 Mouthpiece {#sec-sps-192.64 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.64}

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.65 Headgear {#sec-sps-192.65 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.65}

(1) Professional contestants, other than those participating in an exhibition bout, may not wear head gear. Professional contestants participating in an exhibition bout shall wear competition headgear weighing between 10 and 12 ounces that has been approved by USA Boxing, Incorporated or the commissioner or department representative. Headgear may include cheek protectors. Karate foam dipped style headgear, headgear with a jaw bar or face guard, and heavily padded training or sparring headgear are prohibited.

(2) Amateur contestants shall wear competition headgear weighing between 10 and 12 ounces that has been approved by USA Boxing, Incorporated or the commissioner or department representative. Headgear may include cheek protectors. Karate foam dipped style headgear, headgear with a jaw bar or face guard, and heavily padded training or sparring headgear are prohibited.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.66 Foot pads {#sec-sps-192.66 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.66}

(1) Contestants shall wear foot pads that meet the requirements under sub. (2). Foot pads are subject to the approval of the commissioner or department representative.

(2) Foot pads shall be secured to the feet with the foot pad’s elastic strap and medical or athletic tape. Foot pads shall cover all of the toes and the heel of the contestant’s feet, but may not cover the bottom of a contestant’s feet. Any laces on foot pads may not be exposed during competition.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.67 Shin pads {#sec-sps-192.67 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.67}

(1) Contestants shall wear shin pads that meet the requirements under sub. (2). Shin pads are subject to the approval of the commissioner or department representative.

(2) Shin pads shall be of a soft material and secured to the shins with the shin pad’s elastic strap and medical or athletic tape. Shin instep pads are permitted, but shin pads with metal loop fasteners and grappling or soccer shin guards are prohibited.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.68 Corner equipment {#sec-sps-192.68 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.68}

(1) At least one second who works in a contestant’s corner may have the following equipment:

(a) A bucket.

(b) Clean towels.

(d) Ice in a spill-proof sealed container.

(e) Water in clear plastic sealed containers.

(2) Seconds shall submit the bucket and corner equipment to the inspector or department representative for inspection and approval before a bout.

(3) In case of a cut, a contestant’s seconds may only make topical use of the following:

(a) A solution of adrenaline 1/1000.

(b) Avetine.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.69 Requirements for cage {#sec-sps-192.69 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.69}

Unless otherwise approved by the commissioner or department representative, the cage in which a bout is conducted shall meet the following requirements:

(1) The cage shall be approved by the department and may be inspected prior to each bout by the referee, inspector, or department representative.

(2) The fighting-area floor shall be no smaller than 18 feet in diameter and no larger than 36 feet in diameter.

(3) The fighting-area floor shall be padded in a manner approved by the department, with at least a one-inch layer of foam padding. Padding shall extend beyond the fighting area and over the edge of the platform.

(4) The fighting-area floor shall not be more than 4 feet above the floor of the building and shall have 2 sets of suitable steps or ramps for use by the contestants.

(5) Posts shall be made of metal not more than 6 inches in diameter, extending from the floor of the building to a minimum height of 58 inches above the fighting-area floor and shall be properly padded in a manner approved by the department.

(6) The fighting area shall be enclosed by a fence made of material, such as vinyl-coated chain-link fencing, that will not allow a contestant to fall out or break through it onto the building floor or spectators.

(7) All metal parts shall be covered and padded in a manner approved by the department and may not be abrasive to the contestants.

(8) The cage shall have 2 separate entries onto the fighting-area floor.

Wis. Admin. Code § SPS 192.70 Requirements for ring {#sec-sps-192.70 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.70}

Unless otherwise approved by the commissioner or department representative, the ring in which a bout is conducted shall meet the following requirements:

(2) The ring shall be circumscribed with at least 4 ropes. Ropes may not be less than one inch in diameter or more than 2 inches in diameter. Ropes may not be made of metal. Ropes shall be wrapped securely with soft material. The lowest rope shall be 18 inches above the ring floor, the second rope 30 inches, the third rope 42 inches, and the fourth rope 54 inches above the ring floor. The ropes shall be secured with 2 spacer ties on each side of the ring. The ring floor shall be padded with a one−inch layer of padding of felt, rubber or other similar material, placed on a one−inch base of building board or similar supporting base. Padding shall be covered with canvas duck, or similar material tightly stretched and laced securely in place, preferably under the apron.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.71 Number, type, and duration of rounds and bouts {#sec-sps-192.71 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.71}

(1) Professional bouts shall be a minimum of 3 rounds and a maximum 12 rounds of no more than 3 minutes each. Each round shall have a one minute rest period that includes a 10 second warning signal.

(2) Amateur bouts shall be a minimum of 3 rounds and a maximum of 5 rounds of no more than 2 minutes each. Each round shall have a one minute rest period that includes a 10 second warning signal.

(3) A minimum of 24 rounds shall be scheduled for an event unless waived by the commissioner or department representative.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.72 Types of bout results {#sec-sps-192.72 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.72}

A kickboxing bout may end under any of the following results:

(1) Knock-out, which occurs when a contestant is down for at least 10 seconds as determined by the referee.

(2) Technical knock-out, which occurs under any of the following circumstances:

(a) The referee stops the bout because the contestant can no longer defend himself or herself.

(b) The ringside physician advises the referee to stop the bout.

(d) The referee stops the bout because a contestant is injured by a legal strike or series of legal strikes and cannot continue.

(e) The referee stops an amateur bout because of a combination of 3 knockdowns and standing 8 counts.

(3) Decision via scorecards, which may be of any of the following types:

(a) Unanimous, which occurs when all 3 judges score the bout for the same contestant.

(b) Split decision, which occurs when 2 judges score the bout for one contestant and one judge scores for the opponent.

(4) Disqualification, which occurs under any of the following circumstances:

(a) An injury sustained during competition as a result of an intentional foul as determined by the referee is severe enough to terminate the bout.

(b) A contestant commits multiple fouls or a flagrant foul as determined by the referee.

(c) A contestant who has been knocked out of the ring does not, as determined by the referee, return to the ring before the count of 20.

(d) A contestant’s mouthpiece is repeatedly dislodged or it is determined by the referee the mouthpiece has purposely been spit out. As provided under s. SPS 192.64, disqualification under this paragraph is at the referee’s discretion.

(e) A contestant’s second leaves the designated area.

(5) Forfeit, which occurs when a contestant fails to begin competition or prematurely ends the bout for reasons other than injury.

(6) Technical draw, which occurs under any of the following circumstances:

(a) An injury from an intentional foul later becomes aggravated by legal strikes, the referee stops the bout before completion of a majority of the scheduled rounds because of the injury, and the injured contestant is even or behind on the score cards at the time of the stoppage.

(b) Both contestants are down as described in s. SPS 192.60 (6) for at least 10 seconds as determined by the referee.

(7) Technical decision, which occurs when an injury from an intentional foul later becomes aggravated by legal strikes, the referee stops the bout before completion of a majority of the scheduled rounds because of the injury, and the injured contestant is ahead on the score cards at the time of the stoppage.

(8) No contest, which occurs when the referee determines either from their observation or that of the ringside physician that the bout may not continue because of an unintentional foul or accidental injury and stops the bout before completion of a majority of the scheduled rounds.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.73 Rule meetings {#sec-sps-192.73 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.73}

All contestants shall attend pre-bout meetings with the referee and a department representative to review the bout rules, fouls, and department requirements. Seconds and other persons approved by the department may attend meetings under this section.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.74 Consumables {#sec-sps-192.74 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.74}

(2) Beverages shall be brought to ring or cage side unopened, sealed, and only in a plastic container. Unsealed beverages are prohibited.

(3) The inspector or department representative shall approve and sign off on any beverage.

(4) No stimulant beverages or beverages with caffeine, such as Red Bull® and Rockstar, are allowed.

(5) The department reserves the right to inspect, test, or remove any beverage from ring or cage side. The department may test any contestant that an inspector or department representative believes is in violation of this section.

(7) Tobacco use is not permitted in the contestant’s locker room.

(8) Use of any energy stimulant in pill or other form is not permitted.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Subchapter VII Conducting Muay Thai at Events

Wis. Admin. Code § SPS 192.75 General provisions {#sec-sps-192.75 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.75}

(1) A male contestant may not compete against a female contestant in a bout.

(2) Each contestant shall present all required physical examination forms and laboratory reports to the ringside physician at the pre-bout examination.

(3) All professional and amateur bouts shall be conducted under the supervision of the department.

(4) Only licensed participants or persons approved by the department may be allowed in the ring or cage or designated locker rooms.

(7) A bout in which more than 2 contestants participate is prohibited.

(8) Bouts shall take place in a cage meeting the requirements under s. SPS 192.87 or ring meeting the requirements under s. SPS 192.88.

(10) Contestants may perform a Ram Muay inside the ring or cage prior to the beginning of a bout. If both contestants in a bout choose to perform a Ram Muay, the contestants shall perform their Ram Muay at the same time. A Ram Muay may not exceed 3 minutes in duration. After completion of a Ram Muay, a contestant shall remove all attire and accessories not required or allowed under s. SPS 192.80.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.76 Weigh-in and weight classes {#sec-sps-192.76 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.76}

(2) Contestants may wear a shirt, a pair of shorts, and socks at the weigh-in. Contestants may not wear any additional apparel or jewelry.

(3) The scale shall be provided by the promoter and approved by the inspector or department representative.

(5) After having communicated with the promoter, the commissioner or department representative shall have the sole discretion as to whether to cancel a bout if a contestant does not make weight.

(6) There may not be a difference of more than 3 pounds between weight classes from mini flyweight up to the bantamweight class for contestants competing in two different weight classes.

(7) There may not be a difference of more than 4 pounds between weight classes from super bantamweight up to the super featherweight class for contestants competing in two different weight classes.

(8) There may not be a difference of more than 5 pounds between weight classes from lightweight up to the super lightweight class for contestants competing in two different weight classes.

(9) There may not be a difference of more than 7 pounds between weight classes from welterweight up to the light heavyweight class for contestants competing in two different weight classes.

(10) There may not be a difference of more than 12 pounds between a contestant in the cruiserweight class competing against a contestant in the heavyweight class.

(11) A one-pound weight variance is allowed for all weight classes for all bouts except title bouts and catch-weight bouts.

(12) A contestant in the welterweight class or lower may not lose more than 2 pounds within 1 hour. A contestant above the welterweight class may not lose more than 3 pounds within 1 hour.

(13) Weight allowances between weight classes do not apply to contestants in a title bout.

(14) The final agreement between a contestant and a promoter shall be provided to the department no later than 4 business days before the official weigh-in.

(15) Contestants who fail to arrive at their report time for weigh-in will be subject to a suspension of up to 120 days, as reported in the Association of Boxing Commissions’ national database.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.77 Judging and scoring {#sec-sps-192.77 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.77}

(1) All bouts shall be scored by 3 judges.

(3) Effective striking is judged by determining the total number of effective legal strikes landed. A strike resulting in a flash knockdown under s. SPS 192.79 (2) shall be judged less effective than a strike resulting in a knockdown requiring a count under s. SPS 192.79 (4).

(4) Effective control is judged by determining who is dictating the pace, location, and position of the bout.

(5) Effective aggressiveness means moving forward and landing legal strikes.

(6) Only the referee may assess a foul or any point deductions. Judges may not deduct points for what they interpret is a foul.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.78 Fouls {#sec-sps-192.78 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.78}

(1) The referee may caution, warn, or penalize a contestant for committing a foul.

(3) If an injury results from an intentional foul and is severe enough to terminate the bout, the contestant causing the injury loses by disqualification.

(6)

(d) The referee, in consultation with the ringside physician, shall allow an injured contestant up to 5 minutes to recover from an accidental foul.

(7) Types of fouls in a Muay Thai bout include all of the following:

(a) Butting with the head.

(b) Attacking the throat.

(d) Targeting the groin.

(e) Slapping.

(f) Spitting.

(g) Biting.

(h) Holding the ropes or cage.

(i) Targeting the knees.

(j) A palm heel strike.

(k) A backhand or backfist strike, except a spinning backhand or backfist strike.

(L) Striking downward using the point of the elbow. Arcing elbow strikes are permitted.

(m) Attacking or manipulating any joint.

(n) A clubbing or hammer fist strike.

(o) Tripping an opponent or kicking or sweeping with the instep of the foot to the opponent’s legs.

(p) A karate chopping strike.

(q) Attacking an opponent who is down or who is in the act of rising.

(r) Abusive language or gesture.

(s) Failure to obey the referee’s commands.

(t) Fighting after the bell has signaled the end of a round.

(u) Using a part of the body other than the hands and arms to throw an opponent off balance or to the floor of the cage or ring.

(v) Clinching an opponent without attacking or counter-attacking.

(w) Wheel barreling an opponent or taking more than 2 steps after catching an opponent’s kicking leg. Executing a single legal strike accompanied with taking one step is permitted, as is pushing the opponent’s kicking leg back at the opponent accompanied with taking one or 2 steps.

(x) Intentionally avoiding contact with the opponent.

(y) Intentionally delaying the bout.

(z) Eye gouging.

(za) Attacking the foot.

(zb) Grasping the opponent’s lower back while also forcing the opponent’s spine to hyperextend.

(zc) Attempting to spike an opponent’s head into the floor of the ring or cage.

(zd) Intentionally going to the floor of the ring or cage when the kicking leg has been caught by the opponent.

(ze) Any other unsportsmanlike conduct as determined by the referee.

(zf) The following are additional fouls for amateur contestants:

Targeting any part of the head with the elbow, forearm, or knee.
A spinning elbow or forearm strike.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.79 Procedures after knock-downs {#sec-sps-192.79 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.79}

(1) When down. A contestant is considered down if any of the following occur:

(a) The contestant touches the floor with any part of the body other than the feet as the result of a blow or series of blows.

(b) The contestant hangs helplessly on the cage or ropes as the result of a blow or series of blows.

(d) Following a blow, the contestant has not fallen and is not lying on the cage or ropes, but is in a semi-conscious state and cannot, in the opinion of the referee, continue the bout.

(4) Count.

(7) Failure to fight.

(9) Twenty-second count. When a contestant is knocked completely out of the ring, the timekeeper shall immediately begin to count the seconds and continue until the count is taken over by the referee. Upon taking over the count from the timekeeper, the referee shall give a 20-second count to the contestant. The contestant shall return to the ring without assistance from the contestant’s seconds. Otherwise, the referee shall disqualify the contestant.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.80 Appearance and attire {#sec-sps-192.80 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.80}

(1) Male contestants shall wear a groin protector that will protect them against injury from a foul blow.

(2) Female contestants may wear groin and breast protectors.

(3) Each contestant shall wear Thai shorts. The shorts may not have pockets, buttons, zippers, grommets, exposed hook-and-loop fasteners, or metal of any kind. Shorts shall be approved by the inspector or department representative.

(4) Male contestants may not wear a shirt or top.

(6) No piercing accessories are permitted.

(7) A contestant may wear soft contact lenses. No other corrective lenses are permitted.

(8) Namman Muay may be applied below the head on a contestant’s body, and a small amount of Vaseline® jelly or other petroleum jelly may be used on the facial area. No other substances may be used on the head or any other part of the body.

(9) Vaseline® jelly or other petroleum jelly may be applied in between rounds to address a cut, but may not be reapplied to the entire facial area. Namman Muay may not be applied in between rounds.

(10) Taping of hands, wrists, and ankles is permitted.

(11) Only neoprene joint supports may be used. Metal supports are prohibited.

(12) Fingernails and toenails shall be trimmed.

(13) The inspector or department representative shall determine whether head or facial hair presents any hazard to the safety of the contestant or their opponent or will interfere with the supervision and conduct of the event. Facial hair may not be braided.

(14) Contestants may not wear any equipment that fails to receive approval from the inspector or department representative.

(15) Contestants may not wear shoes or padding on their feet during competition.

(16) Ankle guards that have been approved by the inspector or department representative may be worn.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.81 Gloves {#sec-sps-192.81 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.81}

(1) Except as otherwise approved by the inspector or commissioner, gloves of the same brand and style shall be provided to each contestant by the promoter. Gloves approved by the inspector or commissioner prior to the contestants’ pre-bout rule meeting shall be worn by contestants in all bouts.

(3) If agreed to by both contestants and approved by the inspector or commissioner, contestants may wear gloves heavier than specified in sub. (2).

(5) The inspector or commissioner shall be responsible for rejecting gloves that may pose a safety or health risk to a contestant.

(6) Before being reused, gloves shall be cleaned using a solution of 10% bleach and 90% water.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.82 Preparation of hands {#sec-sps-192.82 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.82}

(1) Contestants may wrap their hands with gauze and tape prior to a bout. Contestants choosing to not wrap hands prior to a bout shall notify the inspector or department representative.

(3) No substances, liquid or material other than approved surgeon’s tape and gauze are allowed.

(4) The manager or chief second of the opponent may elect to be present when hands are being wrapped and gloves placed on a contestant.

(6) Surgeon’s tape shall be placed directly on each hand for protection near the wrist. The tape may not extend within an inch of the knuckles when the hand is clenched to make a fist.

(7) One strip of tape may be used between the fingers to hold down the bandages. Tape strips may be folded once, but braiding of tape strips is prohibited.

(8) Gloves shall be placed on a contestant’s hands in the dressing room in the presence of the inspector or department representative.

(9) The wrist portion of a contestant’s gloves shall be sealed with identifying red or blue duct tape and initialed by the inspector or department representative.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.83 Mouthpiece {#sec-sps-192.83 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.83}

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.84 Headgear {#sec-sps-192.84 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.84}

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.85 Shin pads {#sec-sps-192.85 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.85}

(1) Professional contestants may not wear shin pads. Amateur contestants shall wear shin pads that meet the requirements under sub. (2). Shin pads are subject to the approval of the commissioner or department representative.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.86 Corner equipment {#sec-sps-192.86 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.86}

(1) At least one second who works in a contestant’s corner may have the following equipment:

(a) A bucket.

(b) Clean towels.

(d) Ice in a spill-proof sealed container.

(e) Water in clear plastic sealed containers.

(2) Seconds shall submit the bucket and corner equipment to the inspector or department representative for inspection and approval before a bout.

(3) In case of a cut, a contestant’s seconds may only make topical use of the following:

(a) A solution of adrenaline 1/1000.

(b) Avetine.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.87 Requirements for cage {#sec-sps-192.87 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.87}

Unless otherwise approved by the commissioner or department representative, the cage in which a bout is conducted shall meet the following requirements:

(1) The cage shall be approved by the department and may be inspected prior to each bout by the referee, inspector, or department representative.

(2) The fighting-area floor shall be no smaller than 18 feet in diameter and no larger than 36 feet in diameter.

(4) The fighting-area floor shall not be more than 4 feet above the floor of the building and shall have 2 sets of suitable steps or ramps for use by the contestants.

(7) All metal parts shall be covered and padded in a manner approved by the department and may not be abrasive to the contestants.

(8) The fighting area shall have 2 separate entries onto the fighting-area floor.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.88 Requirements for ring {#sec-sps-192.88 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.88}

Unless otherwise approved by the commissioner or department representative, the ring in which a bout is conducted shall meet the following requirements:

(2) The ring shall be circumscribed with at least 4 ropes. Ropes may not be less than one inch in diameter or more than 2 inches in diameter. Ropes may not be made of metal. Ropes shall be wrapped securely with soft material. The lowest rope shall be 18 inches above the ring floor, the second rope 30 inches, the third rope 42 inches, and the fourth rope 54 inches above the ring floor. The ropes shall be secured with 2 spacer ties on each side of the ring. The ring floor shall be padded with a one-inch layer of padding of felt, rubber or other similar material, placed on a one-inch base of building board or similar supporting base. Padding shall be covered with canvas duck, or similar material tightly stretched and laced securely in place, preferably under the apron.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.89 Number, type, and duration of rounds and bouts {#sec-sps-192.89 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.89}

(1) Professional bouts shall be a minimum of 3 rounds and a maximum 12 rounds of no more than 3 minutes each. Each round shall have a one minute rest period that includes a 10 second warning signal.

(2) Amateur bouts shall be a minimum of 3 rounds and a maximum of 5 rounds of no more than 2 minutes each. Each round shall have a one minute rest period that includes a 10 second warning signal.

(3) A minimum of 24 rounds shall be scheduled for an event unless waived by the commissioner or department representative.

History

CR 17-016: cr. Register November 2017 No. 743, eff. 12-1-17.

Wis. Admin. Code § SPS 192.90 Types of bout results {#sec-sps-192.90 omnilex-key=us-wi-regs-official--agency-sps--SPS 192.90}

A Muay Thai bout may end under any of the following results: