Plain language analysis:
The purpose of this rule is to delay the effective date of CR04-095
, from July 1, 2007 to November 1, 2007, by amending the emergency rule that moved the effective date of CR04-095
from January 1, 2007, to July 1, 2007. CR04-095
rule establishes and modifies the training, certification and staffing requirements for administering sedation and anesthesia at all levels performed in the course of dental practice. A system of permits issued by the Department of Regulation and Licensing, which designates by class the various levels of sedation and anesthesia practice, was established. Office facility and equipment prerequisites for safe and effective administration are delineated, the applicable standards of care are specified, and the procedure necessary for reporting adverse occurrences related to anesthesia administration is described.
These requirements emerged from recent efforts by state licensing boards to regulate "oral conscious sedation." Oral conscious sedation drugs are being marketed to dentists for the purpose of managing patient anxiety surrounding dental work in patients that remain conscious throughout the procedure.
No proposed or existing federal regulation intended to address oral conscious sedation currently exists.
Comparison with Rules in Adjacent States
The Illinois Dental Practice Act contains specific provisions governing anesthesia. Permits are required for the administration of conscious sedation. Dentists are required to have specialized training and office facilities must contain certain equipment Adverse occurrences are also required to be reported. Permits must be renewed biennially. Additional information is available at the Illinois website: http://www.ildpr.com/WHO/ARpropsd/WEBdentrules.pdf
The Indiana State Board of Dentistry requires dentists to obtain a permit prior to administering general anesthesia, deep sedation, or light parenteral conscious sedation. Education and training are required to obtain such permits. Permits must be renewed biennially. Five hours of continuing education are required for permit renewal. Certain emergency equipment is also required. Additional information is available at Indiana's website: http://www.ai.org/legislative/iac/T08280/A00030.PDF
The Michigan Board of Dentistry has rules governing general anesthesia and intravenous conscious sedation. The Michigan Board is currently contemplating a rules' revision to include specific rules for conscious sedation. Additional information is available at Michigan's website:
The Minnesota Board of Dentistry has rules governing general anesthesia and conscious sedation. Education and training are required for both. However, no special permit is issued. Additional information is available at Minnesota's website:
Summary of factual data and analytical methodologies
The Dentistry Examining Board gathered information from various entities involved in promoting oral conscious sedation and others experienced in regulating the practice. Dr. Joseph Best, Clinical Assistant Professor at Marquette University School of Dentistry, presented information to the board in March, 2003. Dr. Jason Goodchild, representing The Dental Organization for Conscious Sedation, delivered a presentation to the board in May, 2003. Initially, the board decided its focus in regulating oral conscious sedation should be on how it is advertised, how it is titrated so that overdosing is prevented, and how many hours of adequate training and what level of clinical experience should be required to administer it. The subject was further discussed at the American Association of Dental Examiners' 2003 annual meeting in San Francisco. The board held open session discussions as the rules process advanced, and legal counsel reviewed the rules of other states. Eventually the focus of the board broadened, resulting in revision of the board's anesthesia rule with sedation levels identified and a system of permits required for various levels of anesthesia.
Anticipated Costs incurred by Private Sector
The Department of Regulation and Licensing has determined that this rule has no significant fiscal effect on the private sector.
Implementing the provisions of these rule changes will cost the Department of Regulation and Licensing the value of salary and fringe for one time of $18,611 and on-going annually $10,100.
Develop Course List for Specialty Code
Forms development -- 60 hours PA Time @ 17 hr including fringe
Database Update -- 50 hrs (1 hr/wk)
Intake, correspondence -- 600 hrs (1 hr per course)
Calls@10 min ea, 2/crse -- 200 hrs
Office of Legal Council – Rules development
10 hr. paralegal @ 29 hr including fringe
5 hr. attorney @ 59 hr including fringe
Changes to IT systems for new permit
2 hours programmer @ $48 per hour including overhead
Credentialing--develop forms and applications
20 Credentialing program manger @ 36 hr including fringe
40 hours PA 3 @ $17 including fringe
20 hours legal counsel @ $53 including fringe
Total One Time
Increased Complaint Costs approx 10 additional
complaints per year
All staff hourly amounts include fringe
2 complaints to full hearing
4 hrs prog asst @ 17 hr X 2
1hr leg couns @ 53 X 2
6 hrs invest @ 26 X 2
32 hrs pros @ 53 X 2
40 rs alj @ 51 X 2
1 hr pa3 @ 17 hr X 2
8 other through invest
4 hrs prog asst @ 17 hr X 8
1hr leg couns @ 53 X 8
6 hrs invest @ 26 X 8
1 hr pa3 @ 17 hr X 8
Effect on Small Business
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a)
, Stats. The Department's Regulatory Review Coordinator may be contacted by email at firstname.lastname@example.org
, or by calling (608) 266-8608.
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: (608) 266-0495. Email: pamela.haack@ drl.state. wi.us.
Text of Rule
SECTION 1. This emergency rule amends the effective date of CR04-095
by amending the emergency rule currently in effect which amended the effective date of CR04-095
from January 1, 2007 to July 1, 2007. This emergency rule changes the effective date of CR04-095
from July 1, 2007, to November 1, 2007.
Notice of Proposed Rule
The Wisconsin Elections Board proposes an order to repeal and recreate ElBd 3.02 and to create ElBd 3.01, 3.03, 3.10 to 3.13, and 3.20, relating to voter registration.
Notice is hereby given that pursuant to ss. 5.05 (1) (f)
and 227.11 (2) (a)
, Stats., and interpreting subchapter II of ch. 6
, Stats., ss. 6.26
, Stats., and according to the procedure set forth in s. 227.16 (2) (e)
, Stats., the State of Wisconsin Elections Board proposes an order to repeal and recreate s. ElBd 3.02 and to create ss. ElBd 3.01, 3.03, 3.10 to 3.13, and 3.20, relating to voter registration, as proposed in this notice without public hearing unless, within 30 days after publication of this notice, on July 1, 2007
, the Elections Board is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule.
Analysis Prepared By State Elections Board
Explanation of agency authority: This new rule interprets and implements subchapter II of ch.6
of the Wisconsin Statutes, ss. 6.26
– 6.57, Stats. Subsection (3)
of s. 6.26
, Stats., provides that the Elections Board "shall, by rule, prescribe procedures for appointment of special registration deputies, for revocation of appointments of special registration deputies, and for training of special registration deputies by municipal clerks and boards of election commissioners." The rule implements that statute and also sets forth the procedures for voter registration and for the conduct of voter registration drives to implement the legislature's directive in s. 6.26
, Stats., that the board shall, by rule, prescribe procedures "to promote increased registration of electors consistent with the needs of municipal clerks and boards of election commissioners to efficiently administer the registration process."
Related statute(s) or rule(s): s. 19.35
Plain language analysis. The rule provides the methods by which voter registration is conducted in Wisconsin, including registration through the appointment of special registration deputies and the conduct of voter registration drives. The rule also provides the contents of the voter registration application.
Summary of, and comparison with, existing or proposed federal regulations: The federal government does not have a voter registration system, but to implement the requirements of the Help America Vote Act and the plan adopted by the State Elections Board to implement the Help America Vote Act, Wisconsin is required to establish a system of statewide voter registration. This rule facilitates and clarifies the implementation of that system.
Comparison with rules in adjacent states: Illinois, Iowa, Michigan and Minnesota all have statewide voter registration systems to bring them into compliance with the Help America Vote Act.
Summary of factual data and analytical methodologies: The Elections Board did not employ any factual data or analytical methodologies in the development of the rule.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: The rule will have no effect on small business or economic impact.
Effect on Small Business
The rule has no effect on business.
Agency Contact Person
George A. Dunst
Legal Counsel, State Elections Board
17 West Main Street, P.O. Box 2973
Madison, Wisconsin 53701-2973
Place where comments are to be submitted and deadline for submission:
State Elections Board
17 West Main Street
P.O. Box 2973
Madison, Wisconsin 53701-2973
Deadline for submission: June 4, 2007
Text of Rule
Pursuant to the authority vested in the State of Wisconsin Elections Board by ss. 5.05(1)(f)
, Stats., the Elections Board hereby repeals and recreates ElBd 3.02 and creates ElBd 3.01, 3.03, 3.10 to 3.13, and 3.20, relating to voter registration, and interpreting subchapter II of ch.6
and ss. 6.26
SECTION 1. Chapter ElBd 3 is created to read:
3.01 Voter registration. (1) In this chapter:
(a) "Applicant" has the meaning given in s. 6.02 (2)(a)
(b) "Appointing authority" means the state elections board, a municipal clerk or board
of election commissioners.
(c) "Board" means the state elections board.
(d) "By mail" means the completing and signing of a voter registration application form other than in the presence of a special registration deputy, county clerk, deputy clerk or municipal clerk.
(e) "Close of registration" has the meaning given in s. 6.28 (1)
(f) "Election cycle" means the period beginning on January 1 of an odd-numbered year and continuing through December 31 of an even-numbered year.
(g) "In person" means the completing and signing of a voter registration application form in the presence of a special registration deputy, county clerk, deputy clerk or municipal clerk.
(h) "Municipal clerk" has the meaning given in s. 5.02(10)
, Stats., and includes the
Milwaukee city board of election commissioners.
(i) "Provider" means a municipality or county that provides election administration services in conjunction with the Statewide Voter Registration System for a relier municipality.
(j) "Qualified elector" has the meaning given in s. 6.02
(k) "Registration" means registration to vote under subchapter II of ch.6
(l) "Registration period" means the time period occurring between the date of a special registration deputy's appointment and the close of registration for the election immediately following the appointment. For purposes of this subsection, the term "election" includes any primary that precedes the election.
(m) "Relier" means a municipality that enters into an agreement with another
municipality or county to provide election administration services in conjunction with the Statewide Voter Registration System.
(n) "Self-provider" means a municipality that provides its own election administration
services in conjunction with the Statewide Voter Registration System.
(o) "Special registration deputy" has the meaning given in s. 6.26 (2) (a)
(p) "Statewide Voter Registration System" is the election administration software
application provided by the board to enable local election officials to register voters, track absentee voting and administer elections.
(q) "Voter registration application form" means the board-prescribed form (EB-131) on which voter registration information is recorded before entry in the Statewide Voter Registration System.
3.02 Content of the voter registration form. (1) An elector shall provide the following information on the voter registration application form:
(a) The elector's full name, including first and last name;
(b) The elector's complete address, including street, number and municipality;
(c) The elector's date of birth;
(d) The elector's driver's license number; or, if the elector has not been issued a valid and current driver's license but has a department of transportation issued identification card, the transportation identification card number or the last four digits of the elector's social security number. If the elector has not been issued a valid and current driver's license and does not have a social security number, the elector shall indicate that the elector has neither of those documents.
(e) An indication of the elector's age;
(f) An indication of the elector's citizenship;
(g) An indication that the elector is not disqualified from voting because the elector has not completed the terms of a sentence resulting from a felony conviction;
(h) If the elector was registered at a different location, the complete address including street, number and municipality of the previous address;
(i) If the elector was registered under a different name; the elector's former name, including first and last name;
(j) The signature of the elector certifying that the elector is qualified to vote in Wisconsin.
3.03 Treatment of voter registration applications. (1) If an applicant for voter registration fails to check either or both of the boxes indicating that the elector is a U.S. citizen and that the elector is at least 18 years old, the municipal clerk may process the voter registration application if the elector has signed the certification on the application form indicating that the voter meets the applicable requirements to vote in Wisconsin.
(2) If information is missing from a voter registration application form, the municipal clerk shall contact the applicant by any means feasible, including: in person, email, facsimile or telephone, to obtain the missing information.
3.10 Special registration deputies. (1)
A qualified elector of the State of Wisconsin may apply to any municipal clerk or board of election commissioners to be appointed a special registration deputy, under s. 6.26
, Stats., for the purpose of registering electors of that municipality before the close of registration.