Location: 1400 East Washington Avenue
179A
Madison, Wisconsin
Appearances at the Hearing:
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 June 4, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 459.24.
Statutes interpreted: ss. 459.22 (2) (e), 459.24 (6) (a) and (b); 459.26 (2) (a) and 459.34 (2).
In this proposed rule-making order the Hearing and Speech Examining Board amends its rules relating to the licensure and regulation of speech-language pathologists, audiologists, temporary licensees and supervision of unlicensed individuals. Under the current rules, provisions relating to the licensure of speech-language pathologist, audiologist, temporary licensees and unlicensed individuals are placed throughout the chapter. The proposed rules organizes ch. HAS 6 into subchapters that relate specifically to the licensure and regulation of the various individuals. This change is being done primarily for purposes of clarity and placement in the code. With minor exceptions, all of the provisions contained in the current rules have been retained and placed under the relevant subchapter. Some minor and technical changes are being made to the rules for purposes of clarity, grammar, form, punctuation and the use of plain language. The following is a summary of the changes made in each subchapter:
Subchapter I relates to the licensure and regulation of speech-language pathologists and audiologists. In this subchapter, the term “Au.D." is being defined to mean a doctor of audiology degree granted by a college or university approved by the board. In addition, the proposed rule clarifies that an Au.D. degree obtained from a college or university approved by the board is substantially equivalent to the examination, supervised clinical practicum, education and postgraduate clinical fellowship required for licensure as an audiologist.
Finally, the term “employee", is being omitted from the rules based upon a revision to s. 459.22 (2) (e), Stats., by Section 2925 of 1999 Wis. Act 9. Prior to the revision, the statute provided that an “employe" of a speech-language pathologist or audiologist was not required to obtained a license in order to "assist" in the practice of speech-language pathology or audiology. Since most individuals who assist in the practice of speech-language pathology and audiology are not employees of the speech-language pathologists and audiologists who supervise them, the statute was amended to change “employe" to “individual". The rules are being revised to reflect that change.
Subchapter II relates to the licensure and regulation of temporary licensees. In this subchapter, the terms “supervision" and “temporary licensee" are defined for purposes of clarity.
Subchapter III relates to supervision of unlicensed individuals by speech-language pathologists and audiologists. In this subchapter, the following terms are defined:
1) “assist in the practice of speech-language pathology"
2) “assist in the practice of audiology"
3) “direct supervision of unlicensed individuals"
4) “full-time equivalent individual"
In addition, the rules clarify the ratio that must be used by speech-language pathologists and audiologists when supervising unlicensed individuals.
Subchapter IV relates to the discipline of speech-language pathologists, audiologists and temporary licensees. In proposed s. HAS 6.18 (3) (p), the board clarifies that failure to record certain information in client records is one of the grounds for discipline. The language contained in this subchapter is found primarily in the current rules under s. HAS 6.09.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a).
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Copies of Rule and Contact Information
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Division of Hearings and Appeals
NOTICE IS HEREBY GIVEN That pursuant to s. 301.035 (5), Stats., and interpreting ss. 302.113 (9) and 302.114 (9), Stats., the Division will hold a public hearing at the Division offices at 5005 University Avenue, Suite 201, Madison, Wisconsin, on the 14th Day of May, 2001 at 1:00 P.M. to consider the revision of rules relating to the revocation of extended supervision of persons serving a bifurcated sentence under the Truth-in-Sentencing provisions of 1997 Wis. Act 283.
Analysis Prepared by the Division of Hearings and Appeals
These revisions are required as a result of the enactment of the Truth-in-Sentencing provisions of 1997 Wisconsin Act 283. That Act abolished parole for crimes committed on and after December 31, 1999 and replaced it with a Truth-in-Sentencing bifurcated sentence. The bifurcated sentence provisions require a judge to impose a sentence with two parts. The first part is a period of prison confinement. The second, called "extended supervision", is a period of community supervision administered by the Department of Corrections. Like parole, the extended supervision may be revoked if the offender violates the rules of supervision and the offender may be returned to prison. Unless waived by the offender, the offender is entitled to an administrative due process revocation hearing before the Division of Hearings and Appeals. The proposed rule changes will modify the existing corrections revocation provisions of chapter HA 2 to include the revocation of Truth-in-Sentencing extended supervision.
Rule Text:
Section 1. HA 2.01 (1) and (2) are amended to read:
HA 2.01 (1) AUTHORITY. These rules are promulgated under the authority of s. 301.035 (5), Stats., and interpret ss. 302.11 (7), 302.113 (9) (a), 302.114 (9) (a), 938.357 (5), 973.09, 973.10, 973.155, 975.10 (2) and ch. 304 Stats.
(2) Scope. This chapter applies to corrections hearings under ss. 302.11 (7), 302.113 (9) (a), 302.114 (9) (a), 973.10, 975.10 (2), and ch. 304 Stats. The procedural rules of general application contained in this chapter also apply to youth aftercare revocation proceedings in any situation not specifically dealt with in ch. HSS 343 DOC 393.
Section 2. HA 2.02 (8) is amended to read:
HA 2.02 (8) "Revocation" means the removal of a client from probation or parole or youth aftercare supervision probation, parole, extended supervision or youth aftercare supervision.
Section 3. HA 2.05 (1) (g) and (h) are created to read:
HA 2.05 (1) (g) In extended supervision cases under s. 302.113 (9) (a), Stats., the department's recommended period of incarceration.
(h) In extended supervision cases under s. 302.114 (9) (a), Stats., for persons serving a life sentence, the department's recommended period of time for which the person shall be incarcerated before being eligible for release to extended supervision.
Section 4. HA 2.05 (7) (d) is amended to read:
HA 2.05 (7) (d) The administrative law judge shall issue a written decision based upon the evidence with findings of fact and conclusions of law stating the reasons to revoke or not revoke the client's probation or parole supervision.
SECTION 5. HA 2.05 (7) (f) and (g) are renumbered HA 2.05 (7) (h) and (i).
Section 6. HA 2.05 (7) (f) and (g) are created to read:
HA 2.05 (7) (f) If an administrative law judge decides to revoke a period of extended supervision under s. 302.113 (9) (a), Stats., the Administrative Law Judge shall include a determination of the period of incarceration taking into consideration the following criteria:
1.
The nature and severity of the original offense;
2.
The client's institutional conduct record;
3.
The client's conduct and behavior while on parole;
4.
The amount of incarceration that is necessary to protect the public from the risk of further criminal activity, to prevent the undue depreciation of the seriousness of the violation or to provide confined correctional treatment.
(g) If an administrative law judge decides to revoke a period of extended supervision for a person serving a life sentence under s. 302.114 (9) (a), Stats., the decision shall consider the criteria established in s. HA 2.05 (7) (f), and shall include a determination of the period of time for which the person shall be incarcerated before being eligible for release to extended supervision.
Initial Regulatory Flexibility Analysis
The proposed revisions will have no impact on small business.
Fiscal Estimate
There is no fiscal effect.
Contact Information
The agency person responsible for the internal processing of these rules and the person to be contacted if there are any substantive questions on the rules is:
William J. Lundstrom, Assistant Administrator
5005 Univ. Ave. #201
Madison, WI 53705
(608) 266-7668
FAX: (608) 264-9885
Submission of Written Comments and Materials:
Written comments and materials in addition to or instead of verbal testimony at the public hearing may be submitted to the Division by May 18, 2001 at the above address.
Notice of Hearing
Insurance
Notice is hereby given that pursuant to the authority granted under s. 601.41(3), Stats., and the procedure set forth in under s. 227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting ss. Ins 17.01(3), 17.28(6) and 17.28(6a), Wis. Adm. Code, relating to annual patients compensation fund fees and mediation fund fees for the fiscal year beginning July 1, 2001.
Hearing Information
Date: May 16, 2001
Time: 9:00 a.m.,
or as soon thereafter as the matter may be reached
Place: Room 23, OCI, 121 East Wilson Street
Madison, WI
Written comments on the proposed rule will be accepted into the record and will receive the same consideration as testimony presented at the hearing if they are received at OCI within 2 days following the date of the hearing. Written comments should be addressed to: Alice M. Shuman-Johnson, OCI, PO Box 7873, Madison WI 53707
Summary of Proposed Rule & Fiscal Estimate
For a summary of the rule see the analysis contained in the attached proposed rulemaking order. There will be no state or local government fiscal effect. The full text of the proposed changes and the fiscal estimate are attached to this Notice of Hearing.
Analysis prepared by the Office of the Commissioner of Insurance
Statutory authority: ss. 601.41 (3), 655.004, 655.27 (3) (b), and 655.61
Statute interpreted: s. 655.27 (3)
The commissioner of insurance, with the approval of the board of governors (board) of the patients compensation fund (fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the fund. This rule establishes those fees for the fiscal year beginning July 1, 2001. These fees represent a 20% decrease compared with fees paid for the 2000-01 fiscal year. The board approved these fees at its meeting on February 28, 2001, based on the recommendation of the board's actuarial and underwriting committee.
The board is also required to promulgate by rule the annual fees for the operation of the patients compensation mediation system, based on the recommendation of the director of state courts. This rule implements the director's funding level recommendation by establishing mediation panel fees for the next fiscal year at $ 38.00 for physicians and $2.00 per occupied bed for hospitals, representing no increase from 2000-01 fiscal year mediation panel fees.
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Contact Person
A copy of the full text of the proposed rule changes and fiscal estimate may be obtained from the OCI internet WEB site at
http://www.state.wi.us/agencies/oci/ocirules.htm or by contacting Tammi Kuhl, Services Section, Office of the Commissioner of Insurance, at (608) 266-0110 or at 121 East Wilson Street, PO Box 7873, Madison WI 53707-7873.
Notice of Hearing
Medical Examining Board
