This provision is deleted because the rule section it references is being repealed,
PSC 165.043 (4)
This provision is amended to add a requirement that notice be provided to customers, in situations where line power is not provided to the network interface device, that service may be affected if there is a power failure. Historically, customers that have their telephone line through telephone wiring in a home are accustomed to telephones functioning even if there is a commercial power outage. This addition would provide notice to those customers that loss of electric power may also affect telephone service. While in early rule drafts this was located in the list of “essential services" in s.
PSC 160.03(2), it was decided that it made more sense to locate this in the consumer protection rules.
PSC 165.088
This provision is being deleted. The issue is dealt with through PSC 160.13 (1) (e).
PSC 171.06 (1)
This provision is amended to clarify that cable television telecommunications service providers are subject to s.
196.218, Stats. This updates the provision to conform with existing law.
Comparison with Existing or Proposed Federal Regulations
There is both a state USF and a federal USF. The state and federal funds and programs are complementary rather than duplicative.
“Eligible Telecommunications Carriers" (ETCs) are designated by the Commission and are, thereafter, eligible for funding from the federal USF and for certain funding from the state USF. ETC status was created by the FCC, and codified in 47 U.S.C. § 214 (e) (2). Under FCC rules, the state Commissions are required to designate providers as ETCs.3
Designation as an ETC is required if a provider is to receive federal USF funding. ETC designation is also required to receive funding from some, but not all, state universal service programs. The FCC established a set of minimum criteria that all ETCs must meet. These are codified in the federal rules.
4 The 1996 Telecommunications Act states that “States may adopt regulations not inconsistent with the Commission's rules to preserve and advance universal service."
5 A court upheld the states' right to impose additional conditions on ETCs in
Texas Office of Public Utility Counsel v. FCC,
183 F.3d 393, 418 (5
th Cir. 1999). Therefore, while states must examine the federal requirements, they are allowed to create additional requirements. Wisconsin has done so. The Commission's requirements for ETC designation clarify and expand upon the more basic FCC rules.
The federal USF provides funding to ETCs that are found to serve high-cost areas. That funding is to be used to help cover the costs of expanding infrastructure into those areas. Doing so should help ensure that rates in those areas stay lower since rates need not provide the funds for that expansion. The Wisconsin USF provides funding to providers with high rates for credits provided to customers. The federal USF also includes lifeline and link-up programs. The Wisconsin Lifeline and Link-Up programs are structured to take maximum advantage of the available federal lifeline and link-up funds.
The federal USF assessment applies to all carriers, including wireless carriers, and is assessed based on interstate revenues. The state USF assessment applies to all providers, including wireless providers (although that assessment is currently suspended) and is assessed based on intrastate revenues. Wisconsin exempts certain providers from assessment, such as those with under $200,000 in intrastate revenues.
Fiscal Estimate
The proposed rule is required to be reviewed periodically by Wis. Stat. 196.218. The rules changes being proposed are intended to continue and enhance the general purposes of the USF statutes and will not add to or subtract from the grants and costs to manage the USF programs.
Comparison with Similar Rules in Adjacent States
The following discussion focuses on areas where significant changes are being made to the USF rules.
Many state USF programs, both in Wisconsin and in other states, are intertwined with federal universal service programs. As a result, there is a certain amount of similarity among state programs. For example, each of the surrounding states has Lifeline and Link-Up type programs.6 As required under federal law, each has income-based eligibility criteria although the specifics vary somewhat. The level of credits to customers and the resulting reimbursements to providers are similar, due in part to the federal matching dollars attached to credit/reimbursement levels. A difference in Link-up programs is that the Wisconsin program will pay for whatever nonrecurring installation costs are not paid for under the federal program. In each of the surrounding states the potential exists for a low-income customer to have to pay for a portion of the installation charges (although three of them also require that any additional amount be eligible for an interest free deferred payment arrangement.) A difference in Lifeline programs is that the four other states have a set figure for the Lifeline credit/reimbursement amount (although in Michigan that amount may vary depending on which company is involved). Wisconsin also has a set amount if the base rate7 is $25 or below. If the base rate is $25 or above, the reimbursement/credit is whatever amount is necessary to bring that base rate to $15. In this way, low-income customers in higher cost (generally rural) areas receive a credit sufficient to bring the base rate to a reasonably affordable level.
Wisconsin also has a program that helps provide access to telecommunications service for persons with hearing, speech and/or mobility disabilities. TEPP provides vouchers to help persons with disabilities that impair their ability to use standard telecommunications equipment to access telecommunications service, obtain equipment that will assist them in doing so. Iowa, Illinois, and Minnesota each have similar programs although the specifics vary. For example, Illinois' program is limited to those with hearing or speech disabilities, and in Minnesota the equipment belongs to the state and must be returned if the customer leaves the state or loses his/her phone line.
Wisconsin was the first and is still only one of three states that have a Public Interest Pay Telephone program.8 The programs of both other states are modeled, in very large part, on the Wisconsin program. This is the first rulemaking since the program was implemented in Wisconsin and the changes made in this rulemaking are based on the experience gained during the first few years of the program.
Wisconsin also has a program to help lower the monthly cost of telephone service in areas of the state where rates are high. In determining whether assistance under this “high rate assistance" program is required, the program looks both at the rate for basic service and what percentage of a county's median household income that rate entails. Although its commission must vote to activate it, Michigan statutes provide for a similar program that would provide a subsidy to customers of the difference between an affordable rate and the company's forward looking economic cost of providing service (should the latter be higher than the former). Illinois has a high-cost program that provides support to small telecommunication providers if the economic costs of providing certain services exceed the affordable rate set for those services.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s.
227.11 (2), Wis. Stats., and ch.
460, Wis. Stats., and interpreting Wis. Stats. Chapter
460, the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to repeal RL 90.02 (3) and (9), 91.03 (1) (c) 3., 5. and 6., 92.01 (3) and 92.02; to renumber and amend RL 91.01 (3) (b) to (f) and 91.03 (2); to amend RL 90.01, 90.02 (2), (6) and (8), 91.01 (title), (intro.) and (2), 91.03 (title), (1) (intro.) and (1) (c) 1., 4. and 7., 91.04, 92.01 (title), (1), (2), (4) (intro.), (a), (b), (5) (intro.), (b), (d) and (e), 93.01 (title) and 93.01, 93.02 (title), (intro.), (2) and (3), 93.03, 93.04 (intro.) and (1) (c), 94.01 (title), (intro.), (6), (9), (16), (19), (20), (26), (27) and (28); to repeal and recreate RL 90.02 (1) (b), 91.01 (3) (a) and 91.03 (1) (c) 2.; and to create RL 90.02 (1g), (1r), (5m), (10) to (13), a Note following RL 91.01 (3) (a), 91.01 (b) to (e), 91.015, 91.03 (1) (c) 8. and (2) (a) and (b), 91.05, a Note following RL 94.01 (27), RL 94.01 (29) to (32) and 94.02, relating to application requirements, definitions, certification, reciprocity, waiver of education requirements and unprofessional conduct, governing the certification of massage therapists and bodyworkers.
Hearing Date, Time and Location
Date: July 14, 2006
Time: 9:00 A.M.
Location: 1400 East Washington Avenue
Room 123
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
pamela.haack@drl.state.wi.us. Written comments must be received on or before July 21, 2006 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes interpreted: Wis. Stats. Chapter
460.
Statutory authority: Section
227.11 (2), Stats., and ch.
460, Stats.
Explanation of agency authority:
2001 Wisconsin Act 74 recreated the credentialing and practice requirements for the practice of massage therapy and bodywork in the state of Wisconsin. The proposed rule revisions to Wis. Admin. Code Chapters
RL 90 to
94 are intended to update these administrative rules for consistency with
2001 Wisconsin Act 74.
Related statute or rule:
Wis. Admin. Code chapters RL 90 to 94.
Plain language analysis:
The proposed revisions to Chapters
RL 90 to
94 are necessary to implement Chapter
460 of the Wisconsin Statutes pursuant to
2001 Wisconsin Act 74, governing the certification of massage therapists and bodyworkers. The proposed rules will in part modify the requirements necessary for qualified applicants, reciprocal certification, acceptable training programs, waivers of education requirements, renewals, acts constituting unprofessional conduct, and the handling of complaints by the department relating to specified allegations of sexual misconduct.
SECTION 1 changes “registration" to “credentialing."
SECTION 2 repeals and recreates language relating to application requirements which must be met for a credential to be issued.
SECTION 3 creates two new definitions – “approved training program" and “certificate holder."
SECTION 4 amends the definition of “classroom hour."
SECTION 5 repeals the definition of “course of instruction."
SECTION 6 creates the definition of “insured."
SECTION 7 amends the definitions of “manual action" and “massage therapy or bodywork."
SECTION 8 repeals the definition of “registrant."
SECTION 9 creates definitions of “policyholder," “sexual contact," “sexual intercourse" and “sexually oriented business."
SECTION 10 changes “registration" to “a certificate."
SECTIONS 11, 13 and 14 make changes relating to application requirements which must be met for a credential to be issued.
SECTION 12 creates a note indicating where to find a list of approved schools.
SECTION 15 creates s.
RL 91.015, relating to the waiver of education requirements necessary for a credential to be granted.
SECTIONS 16, 17, 18, 19, 20, 21, 22, 23 and 24 make changes relating to the requirements for the granting of a reciprocal certificate and defines that the requirements for a current similar license, registration or certificate to practice massage therapy or bodywork in another state or territory of the United States or another country, are substantially equivalent to the requirements under s.
460.05, Stats., if the requirements include certification by the National Certification Board for Therapeutic Massage and Bodywork or any other organization accredited by the National Commission for Certifying Agencies to certify massage therapy or bodywork; or completion of at least 500 classroom hours of instruction in massage therapy or bodywork at a school approved by an accrediting agency.
SECTION 25 changes “registration" to “certification."
SECTION 26 creates s.
RL 91.05, a grandfathering provision for the granting of a certificate as a massage therapist or bodyworker.
SECTION 27 amends s.
RL 92.01, to include new requirements for an approved training program.
SECTION 28 repeals a provision that is no longer necessary.
SECTION 29 amends s.
RL 92.01 (4), to include new requirements for an approved training program.
SECTION 30 repeals a provision that is no longer necessary.
SECTIONS 31, 32, 33 and 34 amend rules relating to renewal and conform the nomenclature of these sections to Chapter
460, Stats.
SECTION 35 amends the title of s.
RL 93.01 from “Violations of standards of practice" to “Unprofessional conduct." Section
RL 94.01 (6) is amended relating to the requirements for obtaining informed consent from a patient. Section
RL 94.01 (9) is amended relating to the failure to keep confidential information received from a client. Section
RL 94.01 (16) is amended relating to the failure by a credential holder to cooperate in a timely manner with the department's investigation of complaints filed against a credential holder. Section
RL 94.01 (19) is amended to change a reference from “registrant" to “certificate holder." Section
RL 94.01 (20) is amended to change a reference from “unregistered" to “uncertified." Section
RL 94.01 (26) is amended relating to the failure to maintain premises according to standards recognized by the massage therapy or bodywork profession. Section
RL 94.01 (27) is amended relating to a certificate holder notifying the department for the conviction of a crime.
SECTION 36 creates a note where complaint forms may be obtained.
SECTION 37 deletes “of registration" in s.
RL 94.01 (28) deletes.
SECTION 38 creates additional violations of unprofessional conduct. Section
RL 94.01 (29) is created to prohibit practicing massage therapy or bodywork, whether for compensation or not, for a sexually oriented business. Section
RL 94.01 (30) is created to prohibit having sexual contact or sexual intercourse with a client that occurs on or after March 1, 2003. Section
RL 94.01 (31) is created relating to the failure to make a report as required under s.
RL 94.02. And s.
RL 94.01 (32) is
created to clarify permissible advertising by a certificate holder.
SECTION 39 creates s.
RL 94.02 relating to the submission of reports to the department if a certificate holder has reasonable cause to believe that another certificate holder has committed a crime relating to prostitution under ss.
944.30 to
944.34, Stats., or has had sexual contact or sexual intercourse with a client.
Summary of, and comparison with, existing or proposed federal regulation:
No federal regulation exists.
Summary of factual data and analytical methodologies:
Massage Therapy and Bodyworker Council Comments – (April 13, 2004)
MOTION: Amy Remillard moved, seconded by Mary Ellen Martin, to change the three hours [education requirements] from CPR to a science portion of the rules. Motion carried unanimously.
Department response: change made.
MOTION: Amy Remillard moved, seconded by Vlad Thomas, to change the rule [informed consent] to read, “practice massage therapy or body work on a client without first obtaining the written informed consent of the client and has informed the client they may withdraw at any time." Motion carried unanimously at today's meeting.
Department response: change made.
Analysis and supporting documents used to determine effect on small business:
The proposed amendments to the department's administrative rules, Chapters
RL 90 to
94, represent a recodification and clarification of existing administrative rules of the department. These amended rules do not represent any significant change in terms of increasing or decreasing existing requirements on the certification of governance of Massage Therapist and Bodyworkers, therefore no additional effect on small business or economic impact is anticipated.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Anticipated costs incurred by private sector:
The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal estimate
