Statutory authority: ss. 93.07 (1), 94.69 (9), 160.19 (2), and 160.21 (1)
Statutes interpreted: ss. 94.69, 160.19 (2) and 160.21 (1)
In order to protect Wisconsin groundwater, current rules under ch. ATCP 30, Wis. Adm. Code, restrict the statewide rate at which atrazine pesticides may be applied. Current rules also prohibit the use of atrazine in areas where groundwater contamination levels attain or exceed state enforcement standards.
Based on new groundwater test data, this rule expands an area in which atrazine use is prohibited.
Atrazine Prohibition Areas
Current rules prohibit the use of atrazine where atrazine contamination of groundwater equals or exceeds the current groundwater enforcement standard under ch. NR 140, Wis. Adm. Code. Current rules prohibit atrazine use in 103 designated areas, including major prohibition areas in the lower Wisconsin river valley and much of Dane and Columbia counties.
This rule enlarges one current prohibition area. This will increase the statewide acreage of atrazine prohibition areas by about 1,000 acres. This rule includes a map describing the expanded prohibition area.
Within every prohibition area, atrazine applications are prohibited. Atrazine mixing and loading operations are also prohibited unless conducted over a spill containment surface complying with s. ATCP 29.151 (2) to (4).
Fiscal Estimate
See page 19 of the August 31, 2000 Wisconsin Administrative Register.
The complete fiscal estimate is available upon request.
Initial Regulatory Flexibility Analysis
See page 20 of the August 31, 2000 Wisconsin Administrative Register.
Notice to Department of Development
The Department has given notice of this proposed rule to the Wisconsin Department of Development, as required by s. 227.114 (5), Stats.
Draft Environmental Impact Statement
The Department has prepared a draft environmental impact statement (EIS) for proposed 2001 amendment to rules on the use of pesticides containing atrazine. Copies are available from the Department on request and will be available at the public hearings. Comments on the EIS should be directed to the Agricultural Resource Management Division, Wisconsin Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708 in care of Jeff Postle. Phone 608/224-4503. Written comments on the EIS will be accepted until Thursday, September 21, 2000.
Notice of Hearing
Athletic Trainers Affiliated
Credentialing Board
Notice is hereby given that pursuant to authority vested in the Athletic Trainers Affiliated Credentialing Board in ss. 15.085 (5) (b) and 227.11 (2), Stats., and ss. 448.9525 (1) and (2), 448.954 (2), 448.955 and 448.957 (2), Stats., and interpreting ch. 448, Stats., the Athletic Trainers Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to create chs. AT 1 to 5, relating to the licensure and regulation of athletic trainers.
Hearing Information
The public hearing will be held as follows:
Date & Time Location
September 29, 2000 Room 179A
Friday 1400 East Washington Ave.
9:15 a.m. MADISON, WI
Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by Friday, October 13, 2000 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.085 (5) (b) and 227.11 (2), Stats., and ss. 448.9525 (1) and (2), 448.954 (2), 448.955 and 448.957 (2), Stats., as created by 1999 Wis. Act 9.
Statutes interpreted: Chapter 448, Subchapter VI, Stats.
In this proposed rule-making order, the Athletic Trainers Affiliated Credentialing Board creates rules relating to the licensure of athletic trainers. These rules are as a result of 1999 Wis. Act 9 which created the Athletic Trainers Affiliated Credentialing Board. Chapters AT 1 to 5 establish requirements and standards for licensure and the practice of licensed athletic trainers. The rules specify the educational, examination, experience and insurance requirements for licensure; minimum requirements for a protocol for the treatment of an athletic injury; approved continuing education; and rules of professional conduct.
Section AT 1.01 sets forth the statutory authority for the proposed rules. Section AT 1.02 creates the definitions for the rules. Section AT 1.03 sets forth the use of restricted title or designation. Section AT 1.04 sets forth the requirements for liability insurance coverage and surety bonds. Section AT 1.05 provides the examination provider.
Sections AT 2.01 and 2.02 outline the application process. Sections AT 2.03, 2.04 and 2.05 set forth the application process for a temporary license and a temporary license renewal.
Sections AT 3.01 and 3.02 set forth the continuing education requirements.
Section 448.9525 (2), Stats. requires that the Athletic Trainers Affiliated Credentialing Board and the Medical Examining Board jointly promulgate rules relating to the minimum requirements of an evaluation and treatment protocol for athletic trainers and their consulting physicians and a record on a protocol form. Section AT 4.01 describes the protocol evaluation and treatment procedures to be established by the licensee and approved by the consulting physician. Section AT 4.02 spells out the mandatory protocol requirements. The Medical Examining Board has reviewed proposed ch. AT 4 and found it acceptable. The Medical Examining Board will be involved in further review and final adoption of the rules under s. 448.9525 (2), Stats.
Section AT 5.01 defines unprofessional conduct as it applies to the profession.
Text of Rule
SECTION 1. Chapters AT 1 to 5 are created to read:
Chapter AT 1
GENERAL REQUIREMENTS AND PROCEDURES
AT 1.01 Authority. The rules in chapters AT 1 to 5 are adopted pursuant to ss. 15.085 (5) (b), 227.11 (2) (a), 448.9525 (1) and (2), 448.954 (2), 448.9545 (2) (a), 448.955, 448.956 (1) and 448.957 (2), Stats.
AT 1.02 Definitions. In chs. AT 1 to 5:
(1) “Board" means the affiliated credentialing board.
(2) “Department" means the department of regulation and licensing.
(3) “License" means a license as an athletic trainer issued by the board.
(4) “Licensee" means a person who is licensed as an athletic trainer under s. 448.953, Stats.
(5) “NATABOC" means the national athletic trainers association board of certification.
(6) “Protocol" means a precise and detailed written plan for the evaluation and treatment of an athletic injury or an injury that is identical to an athletic injury and that has resulted from an occupational activity.
(7) “Trainer" means a person engaged in athletic training who is not licensed as an athletic trainer under s. 448.953, Stats.
AT 1.03 Use of restricted title. A trainer may engage in the practice of athletic training provided that the trainer does not use a title or designation in violation of s. 448.951, Stats.
AT 1.04 Surety bond or liability insurance coverage. As a precondition to the granting or renewal of a license, an applicant or licensee must submit a certificate of insurance, declarations page, policy binder or other evidence satisfactory to the department that he or she has in effect a surety bond in the amount of $1,000,000, or malpractice liability insurance coverage in an amount that is not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one year. No licensee shall engage in athletic training unless the licensee has in effect the insurance required by this section.
AT 1.05 Required examinations. For purposes of satisfying the examination requirement of ss. 448.953 (1) (f) and (h) and 448.954, Stats., the board accepts the results of a credentialing examination administered by the NATABOC.
Chapter AT 2
ATHLETIC TRAINER LICENSE
AT 2.01 Applications. An applicant for a license shall file an application. An applicant who does not comply with a request for information related to the application within one year from the date of the request shall file a new application and pay the fee specified in s. 440.05 (1), Stats.
AT 2.02 Application contents. In addition to satisfying the requirement of s. 448.953, Stats., an application for licensure shall include the following:
(1) Official undergraduate transcripts properly attested to by the degree granting institution and submitted by the institution directly to the board establishing that the applicant has been granted a bachelor's degree by a college or university accredited by a regional accrediting agency approved by the state board of education in the state in which the college or university is located, a regional or national accrediting agency recognized by the U.S. department of education or accredited by a Canadian accrediting agency satisfactory to the board.
(2) Unless applying for a temporary license under s. 448.953 (4) (a), Stats., official certification attested to and submitted directly to the board by NATABOC that the applicant has met the requirements for certification of the NATABOC and has passed the certification examination administered by the NATABOC.
AT 2.03 One-year temporary license application. An applicant who satisfies the requirements of s. 448.953 (3) (a), Stats., may apply for a one-year temporary license. The temporary license is valid for one year and may not be renewed.
AT 2.04 Two-year temporary license application. In addition to satisfying the requirements of s. 448.953 (4) (a), Stats., an application by an applicant applying under s. 448.953 (4) (a), Stats., shall include a chronological history by the applicant stating that he or she has engaged in athletic training during each of the 12 consecutive months immediately preceding November 1, 2000.
AT 2.05 Temporary license renewal application. In addition to satisfying the requirements of s. 448.953 (4) (a), Stats., a temporary license renewal application by an applicant under s. 448.953 (4) (a), Stats., shall set forth a chronological history by the applicant demonstrating the significant progress that he or she has made toward satisfying the requirement under s. 448.953 (1) (f), Stats. To be deemed significant progress for purposes of renewal of a temporary license under s. 448.953 (4) (a), the chronological history shall include a history outlining that he or she has engaged in athletic training for not less than 18 of the previous 24 months, and that he or she has made a minimum of one attempt to successfully take the NATABOC certification examination and the score received on each attempt.
AT 2.06 Temporary license renewal. A temporary license shall not be renewed if an applicant does not satisfy the requirement of showing significant progress toward satisfying the requirement under s. 448.953 (1) (f), Stats.
Chapter AT 3
CONTINUING EDUCATION
AT 3.01 Approved courses. For purposes of satisfying the continuing education requirement of s. 448.9545, Stats., a course of study approved by the affiliated credentialing board is a course that has been approved for continuing education credit by NATABOC.
AT 3.02 Evidence of compliance. For the renewal of any license granted under subch. VI of ch. 448, Stats., the board will accept as evidence of compliance with this chapter certification by the NATABOC that the licensee has attended and completed continuing education programs approved under the provisions of s. AT 3.01.
Chapter AT 4
EVALUATION AND TREATMENT PROTOCOL
AT 4.01 Protocol evaluation and treatment procedures. A protocol established by the licensee and approved by the consulting physician shall be in writing and may include any of the following evaluation and treatment procedures when authorized by the consulting physician:
(1) Authorization for taking a basic medical history when necessary for evaluation and treatment of an athletic injury that may include any of the following:
(a) Previous medical history.
(b) Previous surgical history.
(c) Pertinent family medical history.
(d) Current medication history including known drug allergies.
(e) Relevant social history.
