What the statutes mean

It is not well understood, especially by new graduates, that getting a degree from a chiropractic college does not mean that you control your professional chiropractic destiny. For chiropractors practicing in Wisconsin, the Department of Regulation & Licensing and the Chiropractic Examining Board determine many aspects of your professional life.

These organizations were created by the state to regulate aspects of your license to practice. The Department of Regulation & Licensing is responsible for many of the administrative aspects that affect your licensure as well as enforcing the decisions of the chiropractic examining board. The Chiropractic Examining Board, created by the Department of Regulation & Licensing, is comprised of chiropractors and members of the public. They have the responsibility to make and enforce the rules that govern the profession.

An individual does not have the right to obtain a chiropractic license. It is a privilege extended by the state predicated on a number of terms and conditions. One of those conditions is the obligation to understand how each of the statutes and rules affect your practice. Ignorance is not an excuse that is accepted by the state if you violate a statute or rule. It should be a high priority to read the correspondence you receive from the Department of Regulation & Licensing because that is the method the state uses to officially communicate with you. Regular reading of the Wisconsin Chiropractor will also allow you to follow the creation and modification of statutes and rules.

Department of Regulation & Licensing Duties and Powers

• They decide on the procedures for investigating complaints, commencing disciplinary proceedings and for conducting hearings.
• They decide how much time is required to review and issue permits to practice.
• They develop the exam that must be passed by a chiropractor in order to receive a Wisconsin license.
• They investigate complaints that may be brought against you. They may issue subpoenas for witnesses or for the production of documents (such as your clinical records) as part of disciplinary action.
• They issue credentials and have the right to investigate whether or not you have an arrest or conviction record. For a fee of $10.00 they may issue you a certificate signed by the governor. They may require you to display your credential in a conspicuous place.
• They can require you to post a notice for your patients describing the procedures for filing a complaint against you with the department.
• They make recommendations to the governor regarding the amount to charge for your license. They also make recommendations as to the amount to charge for each of their exams.
• They are required to cooperate with the departments of justice and health and family services in developing and maintaining a computer linkup to provide access to information regarding the current status of your license including whether your license has been restricted in any way.
• They supervise all of the personnel who perform all of the adminstrative duties.
• They keep lists of all individuals that hold a chiropractic license. You may obtain a copy of that list by paying a small fee to the department.

Examination responsibilities

Because exams are a key element in the granting of a chiropractic license, state law defines the authority of the Department of Regulation & Licensing to do any of the following:

• Prepare exams
• Administer exams
• Grade exams
• It requires the department to prepare exams that reasonably relate to the skills likely to be needed for a chiropractor to practice in this state and to determine the chiropractor’s preparedness to exercise his/her skills. They may prepare the exam themselves or have an outside test provider prepare the exam.
• They may charge a fee if an applicant fails a test and requests a review of his or her examination results. The fee has to be based on the cost of the review.

License renewal

Once you have obtained a license, the Department of Regulation & Licensing has control over whether or not to renew your license every two years. In setting renewal policies, the law allows them to:

• Send you a renewal notice at least 30 days before your license expires. However, even if the department does not send you a renewal notice, they can take action against you if you do not renew your license properly or on time.
• Require you to take certain education or to retake an examination prior to re-issuing your license, if you do not renew your license within 5 years of its expiration date.
• Deny your application for license renewal if they believe you are a danger to the public’s health, safety or welfare or if you fail to comply with any other requirement for renewal. If they deny your renewal application, the department must send you a notice detailing the facts or conduct that warranted the denial. They must also inform you that you may, within 30 days, file a written request to have the denial reviewed.
• Deny your application for a license or your license renewal if you are delinquent paying your taxes.
• Deny your application for a license or your license renewal if you are delinquent in paying support.
• Deny your application for a license or your license renewal if you fail to comply with a subpoena issued by the Department of WorkForce Development.
• Revoke your license, if your check for your license or license renewal bounces.

Change of name or address

• If you change your name or address, you must provide the department, in writing, with your new name or address within 30 days of the change.
• The penalty for not notifying them within 30 days of your new name or address is $50.

Disciplinary proceedings

• Anyone may file a complaint against you and request that the department commence disciplinary proceedings against you.
• The standard for the burden of proof in disciplinary proceedings is a preponderance of the evidence. This standard of evidence is significantly less than the “beyond a reasonable doubt” required in a criminal manner. For practical purposes, this means that you have more risk when the department investigates you in a disciplinary proceeding than if you were charged with a crime.
• Instead of disciplining you, the department may close the investigation by issuing an administrative warning. They may do so only if they determine that no further action is warranted because the complaint involves a first occurrence of a minor violation and the issuance of an administrative warning adequately protects the public. Adminstrative warnings may be re-opened as disciplinary matters if there are subsequent allegations of misconduct. You have the right to obtain a review of any administrative warning that is issued against you.
• If you are found guilty of violating a statute or rule, the department may fine you for any or all of the following costs:
• the compensation and expenses of the department’s hearing examiners and attorneys
• process server serving you with documents
• certification of records
• postage
• telephone
• adverse examinations and depositions
• expert witness fees
• witness fees and expenses
• compensation and reasonable expenses of experts and investigators
• compensation and expenses of a reporter for recording and transcribing testimony
• interest on the costs at a rate of 12% per year
• If you refuse to pay any of these costs, the department may refuse to restore your license to you until the costs and any applicable interest are paid.

Practical Advice

Contact Information

Department Secretary ..................................................................... (608) 266-8609
General Counsel.............................................................................. (608) 267-7215
Adminstrative Law Judges................................................................ (608) 267-7215
Examinations.................................................................................... (608) 266-7703
Division of Enforcement.....................................................................(608) 266-7482
Renewal Records............................................................................. (608) 266-0557
Bureau Director - Chiropractic Examining Board .............................. (608) 267-7223
Bureau Director - MD’s & Physical Therapists ................................. (608) 266-0483

Disciplinary proceedings

The Department of Regulation & Licensing and/or the Chiropractic Examining Board have the power to make your life truly miserable if a complaint is brought against you. Because you will see thousands of patients over the course of your career, all of which will have different expectations and personalities, it should not surprise you if one of them files a complaint against you.

A complaint does not mean that you have done anything wrong. As a matter of fact, many complaints each year are routinely closed because the chiropractor has not committed any infraction. On the other hand, chiropractors have been known to get themselves into trouble because they do not take a complaint seriously. They ignore requests from the department or examining board for information and, as a result, make the process a lot worse than it needs to be.

If you receive notice of complaint, it is better to address the department’s concerns quickly, rather than delay. If, for whatever reason, you believe the complaint has merit, you are entitled to have an attorney represent you in any disciplinary hearing. If you are going to ask an attorney to represent you, it is better to hire him or her sooner rather than later. Please remember that whether a chiropractor is innocent or not, it tends to take a long time for a complaint to be resolved.

Another reason for taking a disciplinary proceeding seriously is that the standard of proof required for a conviction is that of “preponderance of the evidence’. This is the equivalent of saying “is it more likely than not that the doctor committed this offense”. Because the standard of proof is so much lower for disciplinary cases, it is imperative that you bring all of the facts to the department investigator as quickly as possible.

License renewal

The hard part of license renewal is making sure that you have all of the continuing education hours that are required. Those doctors that wait until the end of the second year of the licensure period often have difficulty in finding classes that have been approved by the state. Remember, each individual course must be approved by the state. Even if the exact same course has been approved in the past, this does not mean it will be approved again. All courses sponsored by an approved sponsor are not automatically approved, the sponsor must follow the rules for approval and apply for credit for the course 75 days in advance of the course being given. Be sure to check that a course is approved before registering. The state can stop you from practicing if you do not have all of your hours. The WCA offers a service that tracks licensing hours for all chiropractors in the state. By using this service you can find out your CE hours status at any time and, if the state audits you, the WCA will supply all of your attendance records to them.

It is amazing the number of chiropractors that fail to renew their license on time. Not only can the state stop you from practicing; they may also penalize you when you send in your renewal application. You also face a significant malpractice problem if you should injure a person while practicing without a current license.

Requests for information

The Department of Regulation & Licensing handles hundreds of requests from chiropractors for information each year. The individuals that work for the state may not be fully conversant with the latest interpretations of the laws when they answer your question. When your question concern an interpretation of the scope of practice, a statute or a rule, it is better for you to write a letter to the department so that you get a written response. If you receive a response by phone, it is in your interest to confirm the information you received from the department in a fax or letter to them. This will serve as protection to you if departmental personnel inadvertently give you inaccurate information.

Public hearings

The Chiropractic Examining Board may change the statutes or rules that govern the profession. When it does so, it is required by the state to hold public hearings to discuss potential changes. There are several ways that you can stay informed about the work of the Chiropractic Examining Board.

• The Department of Regulation & Licensing sells a subscription that entitles you to receive notices and/or agendas of all Chiropractic Examining Board meetings.

• The Department of Regulation & Licensing sells a subscription that entitles you to receive the minutes of Chiropractic Examining Board meetings.

• The Department of Regulation & Licensing sells a subscription that entitles you to receive the Administrative Register that lists public hearings that will deal with potential rule changes.

• The WCA publishes periodical articles summarizing the activities of the Chiropractic Examining Board in the Wisconsin Chiropractor.

All Chiropractic Examining Board meetings are open to the public except those portions of the meeting that deal with discipline or exam issues. While you may attend these regular meetings of the board, you can not speak at regular meetings unless you are invited to do so. Public hearings offer you the opportunity to express your views on pending rule changes. You may, of course, express your views in writing at any time.

Complaints

With the number of chiropractors across the state, it is possible that you may find the practices of another chiropractor so offensive that you feel you need to complain. Before you do so, please consider an alternative approach. If the state receives a complaint, they are required to open an investigation. Dealing with a state investigation can be time consuming and expensive. Worse, the files may be open to the public.

It is much better for the profession’s image if you try to communicate your concerns directly to the offending chiropractor. Many times they do not realize that their conduct offends you or violates a state law. Handling the problem directly, or allowing the WCA to intercede on your behalf, can allow us to solve our problems “in the family” instead of getting the state involved.

The department utilizes an investigatory method that combines staff across its different boards and specialties. It prioritizes the handling of complaints based on its perception of the severity of the problem. To insure that your complaint gets the attention it deserves be sure to include as much detail as possible in your letter.

Chiropractors suffer from the same problems as the rest of society, so it is no surprise that you or your patient may learn of a very serious problem but would like to file your complaint confidentially. Your best method for reporting this type of complaint is to telephone the enforcement department’s attorney at (608) 266-8609. You will have the opportunity to discuss the problem and the attorney can describe the best course of action to resolve the problem.

Demographic information

The Department of Regulation & Licensing sells a list of the individuals that currently hold a chiropractic license. You can obtain this information as an alphabetical listing or in zip code sequence. The cost is very minimal and the data can be very useful to a chiropractor trying to determine the best location in which to open a practice.

Tax and support payments

The state legislature wants to insure that all Wisconsin citizens pay their state income taxes and make all of the support payments that are due as a result of a divorce. To insure that these payments are made, the Department of Revenue now has access to Department of Regulation & Licensing records. If an individual is shown as being delinquent in either of these areas, the department will not renew the individual’s license to practice.

Statute excerpts

440.01 Definitions
440.03 General duties and powers of the department
440.035 General duties of examining boards and affiliated credentialing boards
440.07 Examination standards and services
440.08 Credential renewal
440.08(4) Denial of credential renewal
440.11 Change of name or address
440.13 Delinquency in support payments; failure to comply with subpoena or warrant
440.20 Disciplinary proceedings
440.205 Administrative warnings
440.21 Enforcement of laws requiring credential
440.22 Assessment of costs
440.23 Cancellation of credential; reinstatement

Definitions.

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

440.01(1)(a) “Department” means the department of regulation and licensing.

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

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

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

440.01(1)(dm) “Renewal date” means the date on which a credential expires and before which it must be renewed for the holder to maintain, without interruption the rights, privileges, and authority conferred by the credential.

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

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

440.01(1)(g) “Secretary” means the secretary of the Department of Regulation and Licensing.

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

440.01(2) In this subchapter:

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

440.01(2)(b) “Credentialing” means the acts of an examining board, section of an examining board, affiliated credentialing

board, or the department that relate to granting, issuing, denying, limiting, suspending, or revoking a credential.

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

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

440.01(2)(cs) “Minority group member” has the meaning given in s. 560.036 (1) (f).

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

General duties and powers of the department.

440.03(1) The department may promulgate rules defining uniform procedures to be used by the department, the real estate board, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board, for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.

440.03(1m) The department may promulgate rules specifying the number of business days within which the department or any examining board or affiliated credentialing board in the department must review and make a determination on an application for a permit, as defined in s. 560.41 (2), that is issued under chs. 440 to 480.

440.03(2) The department may provide examination development services, consultation and technical assistance to other state agencies, federal agencies, counties, cities, villages, towns, national or regional organizations of state credentialing agencies, similar credentialing agencies in other states, national or regional accrediting associations, and nonprofit organizations. The department may charge a fee sufficient to reimburse the department for the costs of providing such services. In this subsection, “nonprofit organization” means a nonprofit corporation as defined in s. 181.0103 (17), and an organization exempt from tax under 26 USC 501.

440.03(3m) The department may investigate complaints made against a person who has been issued a credential under chs. 440 to 480.

440.03(3q) Notwithstanding sub. (3m), the department shall investigate any report that it receives under s. 146.40 (4r) (am) 2. or (em).

440.03(4) The department may issue subpoenas for the attendance of witnesses and the production of documents or other materials prior to the commencement of disciplinary proceedings.

440.03(7) The department shall establish the style, content and format of all credentials and of all forms for applying for any credential issued or renewed under chs. 440 to 480.All forms shall include a place for the information required under sub. (11m) (a). Upon request of any person who holds a credential and payment of a $10 fee, the department may issue a wall certificate signed by the governor.

440.03(8) The department may promulgate rules requiring holders of certain credentials to do any of the following:

440.03(8)(a) Display the credential in a conspicuous place in the holder’s office or place of practice or business, if the holder is not required by statute to do so.

440.03(8)(b) Post a notice in a conspicuous place in the holder’s office or place of practice or business describing the procedures for filing a complaint against the holder.

440.03(9) The department shall include all of the following with each biennial budget request that it makes under s. 16.42:

440.03(9)(b) A recommended change to each fee specified under s. 440.05 (1) for an initial credential for which an examination is not required, under s. 440.05 (2) for a reciprocal credential and under s. 440.08 (2) (a) for a credential renewal if the change is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential or credential renewal is in effect and, for purposes of the recommended change to each fee specified under s. 440.08 (2) (a) for a credential renewal, to reflect an estimate of any additional moneys available for the department’s general program operations, during the budget period to which the biennial budget request applies, as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) prior to and during that budget period.

440.03(11m)(a)1. An applicant for an initial credential or credential renewal. If the applicant is not an individual, the department shall require the applicant to provide its federal employer identification number.

440.03(11m)(a)2. An applicant for reinstatement of an inactive license under s. 452.12 (6) (e).

440.03(11m)(b) The department shall deny an application for

an initial credential or deny an application for credential renewal or for reinstatement of an inactive license under s. 452.12 (6) (e) if any information required under par. (a) is not included in the application form.

440.03(11m)(c) The department of regulation and licensing may not disclose a social security number obtained under par. (a) to any person except to the department of workforce development for purposes of administering s. 49.22 and, for a social security number obtained under par. (a) 1., the department of revenue for the sole purpose of [making the determination required under s. 440.08 (2r)] [[of requesting certifications under s. 73.0301]].

440.03(12m) The department of regulation and licensing shall cooperate with the departments of justice and health and family services in developing and maintaining a computer linkup to provide access to information regarding the current status of a credential issued to any person by the department of regulation and licensing, including whether that credential has been restricted in any way.

440.03(13) The department may conduct an investigation to determine whether an applicant for a credential issued under chs. 440 to 480 satisfies any of the eligibility requirements specified for the credential, including whether the applicant does not have an arrest or conviction record. In conducting an investigation under this subsection, the department may require an applicant to provide any information that is necessary for the investigation or, for the purpose of obtaining information related to an arrest or conviction record of an applicant, to complete forms provided by the department of justice or the federal bureau of investigation. The department shall charge the applicant any fees, costs or other expenses incurred in conducting the investigation under this subsection.

General duties of examining boards and affiliated credentialing boards.

440.035 Each examining board or affiliated credentialing board attached to the department or an examining board shall:

440.035(1) Independently exercise its powers, duties and functions prescribed by law with regard to rule-making, credentialing and regulation.

440.035(2) Be the supervising authority of all personnel, other than shared personnel, engaged in the review, investigation or handling of information regarding qualifications of applicants for credentials, examination questions and answers, accreditation, related investigations and disciplinary matters affecting persons who are credentialed by the examining board or affiliated credentialing board, or in the establishing of regulatory policy or the exercise of administrative discretion with regard to the qualifications or discipline of applicants or persons who are credentialed by the examining board, affiliated credentialing board or accreditation.

440.035(3) Maintain, in conjunction with their operations, in central locations designated by the department, all records pertaining to the functions independently retained by them.

440.035(4) Compile and keep current a register of the names and addresses of all persons who are credentialed to be retained by the department and which shall be available for public inspection during the times specified in s. 230.35 (4) (a). The department may also make the register available to the public by electronic transmission.

440.042(2) Any person who in good faith testifies before the department or any examining board, affiliated credentialing board, or board in the department or otherwise provides the department or any examining board, affiliated credentialing board, or board in the department with advice or information on a matter relating to the regulation of a person holding a credential is immune from civil liability for his or her acts or omissions in testifying or otherwise providing such advice or information. The good faith of any person specified in this subsection shall be presumed in any civil action and an allegation that such a person has not acted in good faith must be proven by clear and convincing evidence.

Examination standards and services.

440.07(1) In addition to the standards specified in chs. 440 to 480, examinations for credentials shall reasonably relate to the skills likely to be needed for an applicant to practice in this state at the time of examination and shall seek to determine the applicant’s preparedness to exercise the skills.

440.07(2) The department, examining board, or affiliated credentialing board having authority to credential applicants may do any of the following:

440.07(2)(a) Prepare, administer and grade examinations.

440.07(2)(b) Approve, in whole or in part, an examination prepared, administered and graded by a test service provider.

440.07(3) The department may charge a fee to an applicant for a credential who fails an examination required for the credential and requests a review of his or her examination results. The fee shall be based on the cost of the review. No fee may be charged for the review unless the amount of the fee or the procedure for determining the amount of the fee is specified in rules promulgated by the department.

Credential renewal.

440.08(1) Notice of renewal. The department shall mail a notice of renewal to the last address provided to the department by each holder of a credential at least 30 days prior to the renewal date of the credential. Failure to receive a notice of renewal is not a defense in any disciplinary proceeding against the holder or in any proceeding against the holder for practicing without a credential. Failure to receive a notice of renewal does not relieve the holder from the obligation to pay a penalty for late renewal under sub. (3).

440.08(3)(b) The department or the interested examining board or affiliated credentialing board, as appropriate, may promulgate rules requiring the holder of a credential who fails

to renew the credential within 5 years after its renewal date to complete requirements in order to restore the credential, in addition to the applicable requirements for renewal established under chs. 440 to 480, that the department, examining board or affiliated credentialing board determines is necessary to protect the public health, safety or welfare. The rules may not require the holder to complete educational requirements or pass examinations that are more extensive than the educational or examination requirements that must be completed in order to obtain an initial credential from the department, the examining board, or the affiliated credentialing board.

Denial of credential renewal.

440.08(4)(a) Generally, if the department or the interested examining board or affiliated credentialing board, as appropriate, determines that an applicant for renewal has failed to comply with sub. (2) (c) or (3) or with any other applicable requirement for renewal established under chs. 440 to 480 or that the denial of an application for renewal of a credential is necessary to protect the public health, safety or welfare, the department, examining board or affiliated credentialing board may summarily deny the application for renewal by mailing to the holder of the credential a notice of denial that includes a statement of the facts or conduct that warrant the denial and a notice that the holder may, within 30 days after the date on which the notice of denial is mailed, file a written request with the department to have the denial reviewed at a hearing before the department, if the department issued the credential, or before the examining board or affiliated credentialing board that issued the credential.

Change of name or address.

440.11(1) An applicant for or recipient of a credential who changes his or her name or moves from the last address provided to the department shall notify the department of his or her new name or address within 30 days of the change in writing or in accordance with other notification procedures approved by the department.

440.11(2) The department or any examining board, affiliated credentialing board, or board in the department may serve any process, notice or demand on the holder of any credential by mailing it to the last-known address of the holder as indicated in the records of the department, examining board, affiliated credentialing board or board.

440.11(3) Any person who fails to comply with sub. (1) shall be subject to a forfeiture of $50.

Credential denial, non-renewal and revocation based on tax delinquency.

Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department shall deny an application for an initial credential or credential renewal or revoke a credential if the department of revenue certifies under s. 73.0301 that the applicant or credential holder is liable for delinquent taxes, as defined in s. 73.0301 (1) (c).

Delinquency in support payments; failure to comply with subpoena or warrant.

440.13(1) In this section:

440.13(1)(b) “Memorandum of understanding” means a memorandum of understanding entered into by the department of regulation and licensing and the department of workforce development under s. 49.857.

440.13(1)(c) “Support” has the meaning given in s. 49.857 (1) (g).

440.13(2) Notwithstanding any other provision of chs. 440 to 480 relating to issuance of an initial credential or credential renewal, as provided in the memorandum of understanding:

440.13(2)(a) With respect to a credential granted by the department, the department shall restrict, limit or suspend a credential or deny an application for an initial credential or for reinstatement of an inactive license under s. 452.12 (6) (e) if the credential holder or applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to support or paternity proceedings.

440.13(2)(b) With respect to credential renewal, the department shall deny an application for renewal if the applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to support or paternity proceedings.

440.13(2)(c) With respect to a credential granted by a credentialing board, a credentialing board shall restrict, limit or suspend a credential held by a person or deny an application for an initial credential when directed to do so by the department.

Disciplinary proceedings.

440.20(1) Any person may file a complaint before the department or any examining board, affiliated credentialing board ,or board in the department and request the department, examining board, affiliated credentialing board, or board to commence disciplinary proceedings against any holder of a credential.

440.20(3) The burden of proof in disciplinary proceedings before the department or any examining board, affiliated credentialing board or board in the department is a preponderance of the evidence.

440.20(4) In addition to any grounds for discipline specified in chs. 440 to 480, the department or appropriate examining board, affiliated credentialing board, or board in the department may reprimand the holder of a credential or deny, limit, suspend or revoke the credential of any person who intentionally violates s. 252.14 (2) or intentionally discloses the results of a blood

test in violation of s. 252.15 (5) (a) or (5m).

Administrative warnings.

440.205 If the department or a board, examining board,, or affiliated credentialing board in the department determines during an investigation that there is evidence of misconduct by a credential holder, the department, board, examining board, or affiliated credentialing board may close the investigation by issuing an administrative warning to the credential holder. The department or a board, examining board, or affiliated credentialing board may issue an administrative warning under this section only if the department or board, examining board, or affiliated credentialing board determines that no further action is warranted because the complaint involves a first occurrence of a minor violation and the issuance of an administrative warning adequately protects the public by putting the credential holder on notice that any subsequent violation may result in disciplinary action.

If an administrative warning is issued, the credential holder may obtain a review of the administrative warning through a personal appearance before the department, board, examining board, or affiliated credentialing board that issued the administrative warning. Administrative warnings do not constitute an adjudication of guilt or the imposition of discipline and may not be used as evidence that the credential holder is guilty of the alleged misconduct. However, if a subsequent allegation of misconduct by the credential holder is received by the department or a board, examining board, or affiliated credentialing board in the department, the matter relating to the issuance of the administrative warning may be reopened and disciplinary proceedings may be commenced on the matter, or the administrative warning may be used in any subsequent disciplinary proceeding as evidence that the credential holder had actual knowledge that the misconduct that was the basis for the administrative warning was contrary to law.

The record that an administrative warning was issued shall be a public record. The contents of the administrative warning shall be private and confidential. The department shall promulgate rules establishing uniform procedures for the issuance and use of administrative warnings.

Enforcement of laws requiring credential.

440.21(1) The department may conduct investigations, hold hearings, and make findings as to whether a person has engaged in a practice or used a title without a credential required under chs. 440 to 480.

440.21(2) If, after holding a public hearing, the department determines that a person has engaged in a practice or used a title without a credential required under chs. 440 to 480, the department may issue a special order enjoining the person from the continuation of the practice or use of the title.

440.21(3) In lieu of holding a public hearing, if the department has reason to believe that a person has engaged in a practice or used a title without a credential required under chs. 440 to 480,

the department may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813.

440.21(4)(a) Any person who violates a special order issued under sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph.

440.21(4)(b) Any person who violates a temporary restraining order or an injunction issued by a court upon a petition under sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.

Assessment of costs.

440.22(1) In this section, “costs of the proceeding” means the compensation and reasonable expenses of hearing examiners and of prosecuting attorneys for the department, examining board, or affiliated credentialing board, a reasonable disbursement for the service of process or other papers, amounts actually paid out for certified copies of records in any public office, postage, telephoning, adverse examinations and depositions and copies, expert witness fees, witness fees and expenses, compensation and reasonable expenses of experts and investigators, and compensation and expenses of a reporter for recording and transcribing testimony.

440.22(2) In any disciplinary proceeding against a holder of a credential in which the department or an examining board, affiliated credentialing board, or board in the department orders suspension, limitation or revocation of the credential or reprimands the holder, the department, examining board, affiliated credentialing board, or board may, in addition to imposing discipline, assess all or part of the costs of the proceeding against the holder. Costs assessed under this subsection are payable to the department. Interest shall accrue on costs assessed under this subsection at a rate of 12% per year beginning on the date that payment of the costs are due as ordered by the department, examining board, affiliated credentialing board, or board. Upon the request of the department of regulation and licensing, the department of justice may commence an action to recover costs assessed under this subsection and any accrued interest.

440.22(3) In addition to any other discipline imposed, if the department, examining board, affiliated credentialing board, or board assesses costs of the proceeding to the holder of the credential under sub. (2), the department, examining board, affiliated credentialing board or board may not restore, renew or otherwise issue any credential to the holder until the holder has made payment to the department under sub. (2) in the full amount assessed, together with any accrued interest.

Cancellation of credential; reinstatement.

440.23(1) If the holder of a credential pays a fee required under s. 440.05 (1) or (6), 440.08, 444.03, 444.05, 444.11 or 459.46 (2) (b) by check and the check is not paid by the bank upon which the check is drawn, the department may cancel the credential on or after the 60th day after the department receives the notice from the bank, subject to sub. (2).

440.23(2) At least 20 days before canceling a credential, the department shall mail a notice to the holder of the credential that informs the holder that the check was not paid by the bank and that the holder’s credential may be canceled on the date determined under sub. (1) unless the holder does all of the following before that date:

440.23(2)(a) Pays the fee for which the unpaid check was issued.

440.23(2)(b) If the fee paid under par. (a) is for renewal and the credential has expired, pays the applicable penalty for late renewal specified in s. 440.08 (3).

440.23(2)(c) Pays the charge for an unpaid draft established by the depository selection board under s. 20.905 (2).

440.23(3) Nothing in sub. (1) or (2) prohibits the department from extending the date for cancellation to allow the holder additional time to comply with sub. (2) (a) to (c).

440.23(4) A cancellation of a credential under this section completely terminates the credential and all rights, privileges and authority previously conferred by the credential.

440.23(5) The department may reinstate a credential that has been canceled under this section only if the previous holder complies with sub. (2) (a) to (c) and pays a $30 reinstatement fee.