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 August 1, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
The current rule on apprenticeships does not state that a certain number of embalmings must be performed at various periods during the apprenticeship. In this proposed rule-making order the Funeral Directors Examining Board creates s.
FD 1.07 (2) that specifies the number of embalmings that must be performed at various times during an apprenticeship, and the number of embalmings an apprentice must complete at the conclusion of the apprenticeship.
The current rules on continuing education describe the number of continuing education hours that are required in four content areas. It also describes the procedures for approval of continuing education programs. However, it does not list instructor qualifications. In this rule-making order the board amends its rules to better address the contents of continuing education courses and the qualifications of instructors and specifies the number of continuing education hours that may be obtained from the funeral establishment that employs a funeral director. Section
FD 5.01 (6) is created to establish criteria for instructor approval.
Text of Rule
SECTION 1. FD 1.07 is renumbered FD 1.07 (1).
SECTION 2. FD 1.07 (2) is created to read:
FD 1.07 (2) An apprentice may receive credit for no more than 9 embalmings in any one quarter of his or her apprenticeship. At the conclusion of an apprenticeship, an apprentice shall have completed a total of 25 embalmings.
SECTION 3. FD 4.03 (4m) is created to read:
SECTION 4. FD 4.03 (5) is amended to read:
FD 4.03 (5) No more than
3 7 hours of the 15-hour requirement may be in approved programs in the subject area specified in s.
FD 4.04 (1) (a) 3 (7).
SECTION 4. FD 4.045 is created to read:
FD 4.045 Qualifications for continuing education instructors. Instructors for continuing education shall possess the following minimum qualifications:
(1) Be an instructor of funeral directing who is or has been engaged in the practice of teaching at an accredited institution of higher education.
(2) Be a properly licensed or certified person for the past 5 years.
(3) Be a person who, in the judgment of the board, is qualified by experience or education, or both, to supervise a course of study.
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.
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), Stats.
Copies of Rule and Contact Person
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
Optometry Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Optometry Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
449.08, Stats., and interpreting ss.
449.01 (1),
449.07 and
449.08, Stats., the Optometry Examining Board will hold a public hearing at the time and place indicated below to consider an order to renumber s.
Opt 5.02 (1) and
(1m); to renumber and amend s.
Opt 5.02 (2); to amend s.
Opt 5.10 (3) and the Note following s. Opt. 5.10 (3); and to create ss.
Opt 5.02 (1) and
(5) and
5.16, relating to contact lens prescription release by optometrists.
Hearing Date, Time and Location
Date: July 13, 2001
Time: 10:15 A.M.
Location: 1400 East Washington Avenue
Room 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 August 1, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted: 449.01 (1), 449.07 and 449.08
In this proposed rule-making order the Optometry Examining Board amends ch.
Opt 5, relating to unprofessional conduct by optometrists.
Section Opt 5.02 (1), (1m) and (2) are renumbered Opt 5.02 (2), (3) and (4). Section Opt 5.10 (3) is amended to clarify that an optometrist is required to provide patients with copies of contact lens prescriptions under all circumstances, even if the prescriptions have changed, are outdated or may become outdated. The Note following s.
Opt 5.10 (3) is amended to include a reference to s.
Opt 5.16 relating to unprofessional conduct by optometrists for failure to release contact lens prescriptions.
Section
Opt 5.02 (1) is created to define “contact lens prescription" and s.
Opt 5.02 (5) is created to state that it shall be unprofessional conduct for an optometrist to fail to release, upon request by a patient and at no cost to the patient, a copy of the patient's contact lens prescription for replacement contact lenses following release of the patient from contact lens fitting and initial follow-up care.
Text of Rule
SECTION 1. Opt 5.02 (1) is renumbered Opt 5.02 (2).
SECTION 2. Opt 5.02 (1) is created to read:
Opt 5.02 (1) “Contact lens prescription" means a prescription order for a contact lens that includes all of the following:
(a) The specifications needed to adequately duplicate a contact lens.
(b) The name, signature and license number of the prescribing optometrist.
(c) The date of the prescription.
(d) The date of expiration.
(e) Provisions for a reasonable number of refills.
SECTION 3. Opt 5.02 (1m) is renumbered Opt 5.02 (3).
SECTION 4. Opt 5.02 (2) is renumbered Opt 5.02 (4) and amended to read:
Opt 5.02 (4) “Lens prescription" means a written order which that contains the specifications for ophthalmic materials for a particular patient for the purpose of treating the refractive or functional abilities of the visual system or the enhancement of visual performance.
SECTION 5. Opt 5.02 (5) is created to read:
Opt 5.02 (5) “Replacement contact lens" means a contact lens that is dispensed to a patient following contact lens fitting and initial follow-up care.
SECTION 6. Opt 5.10 (3) and the Note following Opt 5.10 (3) are amended to read:
Opt 5.10 (3) It shall be unprofessional conduct for an optometrist to provide a patient with a copy of a lens prescription without considering whether the In any instance in which a prescription may have changed, is outdated or may become outdated. In any of these instances, it shall be unprofessional conduct for an optometrist to fail to print or stamp across the face of the prescription, “Warning: This lens prescription may be outdated and may not be relied upon for proper fit and correction" or, “Warning: This lens prescription expires on _______________, and may not be relied upon after this date for a proper fit or correction" or, “Expired." A prescription order shall be signed by a licensed optometrist, and the words “lens prescription" written or typed on the face of the order.
Note:
FTC Federal Trade Commission Rule 16 CFR
456.7 (a) 456.2 (a) requires the release of a spectacle prescription but does not require the release of a contact lens prescription.
Under s. Opt 5.16, it is unprofessional conduct for an optometrist to fail to release, upon request by a patient and at no cost to the patient, a copy of the patient's contact lens prescription for replacement contact lens following release of the patient from contact lens fitting and initial follow-up care.
SECTION 7. Opt 5.16 is created to read:
Opt 5.16 Contact lens prescription release. It shall be unprofessional conduct for an optometrist to fail to release, upon request by a patient and at no cost to the patient, a copy of the patient's contact lens prescription for a replacement contact lens following release of the patient from contact lens fitting and initial follow-up care.
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.
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), Stats.
Copies of Rule and Contact Person
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
Public Service Commission
Hearing Date:
|
June 26, 2001
10:00 a.m.
|
Hearing Location:
|
Public Service Commission
610 North Whitney Way
Madison, WI
(Amnicon Falls Hearing Room - 1st Floor)
|
At its open meeting on May 15, 2001, the Commission adopted an emergency rule to amend s.
PSC 116.03 (4) and create s.
PSC 116.04 (1) (b) 6., Wis. Adm. Code, relating to the definition of fuel and permissible fuel costs. Under s.
227.24 (4), Stats., a hearing is necessary following adoption of an emergency rule. The emergency rule took effect upon publication. Publication took place on May 19, 2001.
Analysis Prepared by the Public Service Commission
1999 Wisconsin Act 9, s.
196.192 (2) (a), Stats., required investor-owned utilities to file with the Commission rates that result in customers receiving market-based compensation for voluntary interruptions of firm load during peak periods of electric use. This creates an option that can result in a buydown of firm customers' demand as a direct alternative to purchasing power on the wholesale market that is monitored under the fuel rules set forth at ch.
PSC 116, Wis. Adm. Code. Presently, the cost to buy back firm load does not meet the definition of “fuel" set forth at s.
PSC 116.03 (4), Wis. Adm. Code.
Fiscal Estimate
The Commission anticipates there will be no fiscal impact of the proposed rules on state and local units of government.
NOTICE IS GIVEN that a hearing will be held beginning on June 26, 2001, at 10:00 a.m. in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, and continuing at times to be set by the presiding Administrative Law Judge. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations should contact the case coordinator listed below.
Anyone having questions regarding the hearing schedule in this notice should contact Administrative Law Judge David C. Whitcomb, Public Service Commission of Wisconsin, P.O. Box 7854, Madison, Wisconsin 53707-7854.
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact the docket coordinator listed below.
Questions from the media may be directed to Jeffrey L. Butson, Public Affairs Director at (608) 267-0912.
Questions regarding this matter may be directed to Assistant General Counsel Leon M. Swerin at (608) 267-3589 or the docket coordinator
Candice C. Spanjar at (608) 267-9537.
Emergency Rules
SECTION 1. PSC 116.03 (4) is amended to read:
PSC 116.03 (4) “Fuel" means coal, gas, nuclear fuel, oil, any other type of material used to generate electricity,
and electricity purchased or sold wholesale
., and the voluntary curtailable load acquired under s.
196.912(2)(a), Stats.
