Rule-Making Notices (Hearing Notices)

Mailing address:

Julie E. Walsh

Legal Unit - OCI Rule Comment for Rule INS 9

Office of the Commissioner of Insurance

PO Box 7873

Madison WI 53707-7873

Street address:

Julie E. Walsh

Legal Unit - OCI Rule Comment for Rule INS 9

Office of the Commissioner of Insurance

125 South Webster St – 2nd Floor

Madison WI 53702

WEB Site: http://oci.wi.gov/ocirules.htm

Initial Regulatory Flexibility Analysis

Notice is hereby further given that pursuant to s. 227.114, Stats., the proposed rule may have an affect on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected:

There is only one (1) regulated small business that may be affected by this rule that is a Limited Service Health Organization (LSHO) authorized to write no more than 10% of its premium from preferred provider plan business. The proposed rule would not have a significant economic impact on that one insurer as the one-time expense for filing updated forms, modifying provider contracts and implementing a procedure for remedial action plan related to quality problems are not considered significant. The one insurer might also need to minimally modify its computer system to incorporate coverage for emergency medical care from nonparticipating providers, but this would not considered to be a significant expense.

The affected insurer will have until January 1, 2007 for newly issued policies and until January 1, 2008 for renewing policies to comply with the proposed regulatory requirements. This delay will allow the insurer to spread any incurred cost over time thus reducing any potential financial effect of the rule and will permit more than sufficient time to modify forms and implement procedures necessary to comply with the proposed rule without being overly burdensome to the insurer.

b. Description of reporting and bookkeeping procedures required:

To the extent that the one LSHO small business provides a preferred provider plan, it will be required to comply with the preferred provider plan requirements and will incur a one-time expense associated with filing new policy forms, modifying provider contracts and implementing remedial action plan procedures related to quality problems. It is possible that the one insurer might also need to minimally modify its computer system for services rendered by nonparticipating providers for emergency medical care. The one insurer will have ample time within which to comply with the regulations due to significantly delayed applicability of the proposed rule.

c. Description of professional skills required:

The proposed rule does not impose additional professional skill requirements that it does not already possess.

OCI Small Business Regulatory Coordinator

The OCI small business coordinator is Eileen Mallow and may be reached at phone number [phone] or at email address [e-mail]

Contact Person

A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet WEB site at http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Services Section, OCI, at: [e-mail], [phone], 125 South Webster Street – 2nd Floor, Madison WI or PO Box 7873, Madison WI 53707-7873.

Notice of Hearing

Marriage and Family Therapy, Professional Counseling and Social Work Examining Board

[CR 05-051]

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 457.14, Wis. Stats., and interpreting s. 457.10 (3), 457.11 and 457.14, Wis. Stats., the Marriage and Family Therapist Section will hold a public hearing at the time and place indicated below to consider an order to amend ss. MPSW 16.03 and 17.01, relating to supervised clinical practice and temporary licenses issued by the Marriage and Family Therapist Section.

Hearing Date, Time and Location

Date:   August 1, 2005

Time:   9:30 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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708, or by email to [e-mail]. Written comments must be received on or before August 11, 2005 to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing

Statutes interpreted: Sections 457.10 (3), 457.11 and 457.14, Stats.

Statutory authority: Sections 15.08 (5) (b), 227.11 (2) and 457.03 (1), Stats.

Explanation of agency authority: The Marriage and Family Therapist Section has the authority under s. 457.03, Stats., to establish minimum standards for supervised clinical training. Those standards are set forth with specificity in s. MPSW 16.03. They currently require one hour of face-to-face supervision for each 10 hours of supervised practice. The use of the term “supervised practice" has been confusing for applicants. As a result, the term “client contact" is being substituted to better clarify what is actually needed and should therefore remedy any confusion.

The Marriage and Family Therapist Section has the authority under s. 457.14, Stats., to issue temporary certificates and temporary licenses. More specifically, s. MPSW 17.01 provides that a temporary marriage and family therapist license is valid for nine months or until the applicant's examination scores are released, whichever occurs first. It also provides for a renewal of the temporary license, not to exceed nine months. This proposal puts fewer restrictions on the renewal provisions for the temporary license thereby accommodating the practical realities that applicants typically face while attempting to obtain their permanent license.

Related statute or rule: There are no other statutes or rules.

Plain language analysis:

SECTION 1. The rules currently require one hour of face-to-face supervision for each 10 hours of supervised practice. The use of the term “supervised practice" has been confusing for applicants. Section MPSW 16.03 is amended to substitute “supervised practice" with “client contact" to better clarify that supervisees must receive the minimum one hour of face-to-face supervision for each 10 client contact hours.

SECTION 2. The rules currently provide that a marriage and family therapist temporary license is valid for nine months or until the applicant's examination scores are released, whichever occurs first and also provides for a renewal not to exceed nine months. Section MPSW 17.01 is amended to grant one renewal of the temporary license, and to permit a holder of a temporary license to place it “on hold."

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:

The department finds that this rule has no significant fiscal effect on the private sector.

Fiscal Effect

The proposed rule will have no impact on the department's funds.

Effect on Small Business

Pursuant to s. 227.114 (1) (a), Stats., these proposed rules will have no significant economic impact on a substantial number of small businesses. The Department's Small Business Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency Contact Person

Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: [phone]. Email: pamela.haack@drl. state.wi.us.

Place where comments are to be submitted and deadline for submission

Comments may be submitted to Pamela Haack, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935.

Email: [e-mail]. Comments must be received on or before August 11, 2005, to be included in the record of rule-making proceedings.

TEXT OF RULE

SECTION 1. MPSW 16.03 is amended to read:

MPSW 16.03 Supervised clinical practice. The person whose practice is being supervised shall receive a minimum of one hour of face-to-face supervision for each 10 client contact hours of supervised practice. Practice of marriage and family therapy which occurs as part of the requirements for obtaining a master's or doctoral degree in marriage and family therapy or a substantially related field shall not be considered to fulfill any part of the postgraduate supervised practice requirement. Only those individuals who hold a valid marriage and family therapist training certificate may begin accumulating hours towards their postgraduate supervised practice requirements.

SECTION 2. MPSW 17.01 is amended to read:

MPSW 17.01 Temporary license. The marriage and family therapist section may issue a temporary license permitting a person who has completed the educational and supervised practice requirements for eligibility for a license as a marriage and family therapist upon payment of the fee for the temporary license and application for the next available examination to use the title “marriage and family therapist" and to practice marriage and family therapy. The temporary license is valid for a period not to exceed 9 months from the date of its issuance, or the date on which examination scores are released, whichever comes sooner. The marriage and family therapists section may grant one renewal of the temporary license in cases of hardship, for a period not to exceed 9 months or the date of the release of scores from the next available examination after the date of renewal of the temporary license, whichever occurs sooner. A person who fails the licensure examination shall immediately return the temporary license to the marriage and family therapists section. The marriage and family therapists section may not grant or renew a temporary license to an applicant who has failed the licensure examination and it may be renewed once upon receipt of a written request and any required renewal fee. If a temporary license is returned to the department prior to its expiration along with a written request that it be placed on hold, the temporary license may later be reissued to the holder for the remainder of the 9 month period.

Notice of Hearings

Natural Resources

(Fish, Game, etc.)

[CR 05-057]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 and 227.11 (2) (a), Stats., interpreting ss. 29.014 and 29.041, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 10, Wis. Adm. Code, relating to the 2005 migratory game bird seasons. The proposed order establishes the season length and bag limits for the 2005 Wisconsin migratory game bird seasons. Under international treaty and federal laws, migratory game bird seasons are closed unless opened annually via the U.S. Fish and Wildlife Service regulations process. The public hearings will be held after the U.S. Fish and Wildlife Service's final draft framework is available.

For ducks, it is anticipated that for the 2005 season the state will be divided into two waterfowl hunting zones each with 60-day seasons. The season begins at noon September 24 and continues for 60 consecutive days in the north, closing on November 22. In the south the season begins at noon on October 1 and continues through October 9, followed by a 5-day split, and then reopens on October 15 and continues through December 4. The daily bag limit is 6 ducks including no more than: 4 mallards, of which only one may be a hen, one black duck, one pintail (from Sept. 24 (noon) – Oct. 23 in the North and from Oct. 1 (noon) – Oct. 9 and Oct. 15 – Nov. 4 in the south), one canvasback (from Oct. 15 – Nov. 13 statewide), 2 wood ducks, 2 redheads and 3 scaup.

For Canada geese, the state is apportioned into 3 goose hunting zones: Horicon, Collins and Exterior. Other special goose management subzones within the Exterior Zone include Brown County, Burnett County, Rock Prairie and the Mississippi River. Season lengths are: Collins Zone - 64 days (3 periods, first period beginning September 16); Horicon Zone - 92 days (4 periods, first period beginning September 16); Exterior Zone - 92 days (North: Sept. 17 – 23 and Sept. 24 (noon) – Dec. 17 and South: Sept 17 – Sept. 30 and Oct 1 (noon) – Dec. 17); and Mississippi River subzone - 70 days (Oct. 1 (noon) – Oct. 9 and Oct. 15 - Dec. 14). The Burnett County subzone is closed to Canada goose hunting. The statewide daily bag limit for Canada geese in the Horicon and Collins Zones is 2 birds per day during the open seasons within each zone. In the Exterior zone and its subzones the daily bag limit will be 1 bird per day until Oct. 31, and from Nov. 1 to the end of the season in each zone or subzone the daily bag limit will be 2 birds per day.

In addition, the rule includes the elimination Horicon Intensive Management Subzone and its corresponding goose hunting blind restrictions.

NOTICE IS HEREBY FURTHER GIVEN that the Department is requesting specific public input on:

Placement of the waterfowl hunting zone line, if the Department continues to have only the north and south zones.

Waterfowl hunting zone locations if the Department is granted additional zone/split options.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:
[e-mail] or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Monday, August 8, 2005 at 7:00 p.m.

Basement Auditorium, La Crosse Co. Admin. Bldg.

400 4th St. North

La Crosse

Tuesday, August 9, 2005 at 7:00 p.m.

DNR Northern Region Headquarters

107 Sutliff Ave.

Rhinelander

Wednesday, August 10, 2005 at 7:00 p.m.

Room 310, Green Bay City Hall

100 N. Jefferson St.