Scope Statements
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
Subject
Revises Chapter
MPSW 20 to define the failure to have a grievance procedure and the failure of a supervising credential holder to report adverse or disciplinary action related to professional practice as unprofessional conduct. The code of conduct will include the following provisions:
1. Failure of a credential holder to notify a client in writing of a procedure to resolve a grievance is unprofessional conduct.
2. Failure of a supervising credential holder to file a report with the board after terminating, suspending or restricting a credential holder as a result of adverse or disciplinary action related to professional practice is unprofessional conduct. Failure to file a report when a credential holder terminates employment before action is taken also constitutes unprofessional conduct.
Objective of the Rule
Revises Chapter
MPSW 20 which defines unprofessional conduct. The new amendment will define the failure to have a grievance procedure and the failure of a supervising credential holder to report adverse or disciplinary action related to professional practice as unprofessional conduct. Defining the failure to comply with ss.
457.04 (8) and
457.25, Stats., as unprofessional conduct will likely increase statutory compliance.
Policy Analysis
Under s.
457.04 (8), Stats., marriage and family therapists, professional counselors and clinical social workers must notify their clients in writing of the procedures to follow to resolve a grievance.
Under s.
457.25, Stats., any health care agency, institution, state or local professional society, person or entity that terminates, suspends or restricts the employment or contract of a license holder as a result of adverse or disciplinary action in the practice of the profession shall submit a written report of the action to the board within 30 days after the date on which the action is taken or, if grounds for such an action exist and the credential holder terminates his or her employment before the action is taken, within 30 days after the date on which the credential holder terminates employment.
The board would like to raise awareness of these statutory provisions by defining the failure to report and failure to have a grievance resolution procedure as unprofessional conduct under the code of conduct.
Continuing education classes and the code of conduct are required as a condition of renewal. Thus, license holders will become aware of their obligations under the code of conduct when they renew their license each biennium. In this way, license holders will review what constitutes unprofessional conduct at least on a biennial basis. By incorporating the specific statutory provisions into the code of conduct, license holders are more likely to be aware of their legal obligations and to conduct themselves accordingly.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Marriage and family counselors, professional counselors and social workers (credential holders).
Estimate of Time Needed to Develop the Rule
Approximately 120 hours.
Medical Examining Board
Subject
Revises Chapter
Med 10, relating to unprofessional conduct.
Objective of the Rule
Recent changes to the statutory definition of unprofessional conduct prompted the Medical Examining Board to review ch.
Med 10 in a move to modernize the regulatory language and ensure that current standards of care are reflected in the rules.
Policy Analysis
The revisions will be based on a review of the model rules set forth by the Federation of State Medical Boards (FSMB), laws and regulations in other states and the Medical Examining Board's own review of improvements necessary to enforce the protection of public health and safety.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Medical Examining Board and all of its affiliated boards, licensed professionals including doctors and physician assistants, applicants, health care consumers, and employers of licensed health care professionals.
Estimate of Time Needed to Develop the Rule
It is estimated that 300 hours will be needed to promulgate the rule.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
DNR # FR-38-10
Subject
Revises Chapter
NR 45 relating to the use of golf carts on the Peshtigo River State Forest and Governor Thompson State Park.
Objective of the Rule
Section
27.01 (16), Wis. Stats., created under
2009 Wisconsin Act 54, requires the Department to promulgate a rule that specifies when and where golf carts are allowed on the Peshtigo River State Forest and Governor Thompson State Park.
Policy Analysis
Golf carts fall under the definition of a motor vehicle s.
340.01 (35), Wis. Stats. Golf carts are not allowed on “public roads" including DNR managed roads and parking lots.
Before DNR took ownership of the lands now consisting of the Peshtigo River State Forest and Governor Thompson State Park, golf cart use was occurring illegally at Wisconsin Public Service boat landings and Town roads leading to the boat landings. Section
27.01 (16), Wis. Stats., directs the Department to allow the use of golf carts to approximately the same times and locations as golf carts were used prior to the Departments purchase of the lands from Wisconsin Public Service.
Statutory Authority
Comparison with Federal Regulations
There is no existing or proposed federal regulation that is intended to address the issue of golf cart use on public roadways.
Entities Affected by the Rule
Local Unit of Governments, primarily the Town of Stephenson and Marinette County; Local businesses, primarily service industries; Year round and seasonal homeowners; Wisconsin Public Service (landowner), Department of Natural Resources.
Estimate of Time Needed to Develop the Rule
The Department estimates that approximately 180 hours of staff time will be needed to develop the new rule. This time includes meeting with local stakeholders and collecting public input, drafting the rule, taking the rule to public hearing, preparing for meetings with the Natural Resource Board, Legislative review and rule adoption.
Agency Contact
Jim Warren, Bureau of Forest Management
Wisconsin Dept. of Natural Resources
101 S. Webster Street PO Box 7921
Madison, WI 53707
Phone : (608) 264-8990
Peter Biermeier, Bureau of Parks
Wisconsin Dept. of Natural Resources
101 S. Webster Street PO Box 7921
Madison, WI 53707
Phone : (608) 264-6136
Podiatrists Affiliated Credentialing Board
Subject
Revises section
Pod 1.08, relating to temporary educational licenses and section
Pod 3.01, relating to continuing education requirements.
Objective of the Rule
The current rule on temporary educational licenses states that a temporary educational license is only valid for one year. In order to be a licensed podiatrist, one must have completed two years of postgraduate training. This two-year requirement means that an individual must reapply for a temporary educational license half-way through postgraduate training. The current rule on continuing education states that all licensees seeking to renew their license must complete 50 hours of continuing education within two calendar years of the specified renewal date. This presents a problem for new licensees who received their license towards the end of a renewal period as they must also comply with the requisite 50 hours.
Policy Analysis
There are no existing policies relevant to the proposed rules.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Individuals seeking a temporary educational license and new licensees seeking their first renewal.
Estimate of Time Needed to Develop the Rule
It is estimated that 150 hours will be needed to promulgate the rule.
Public Defender
Subject
Revises Chapter
PD 3, relating to financial eligibility criteria used in determining who qualifies for public defender representation.
Policy Analysis
Section
977.02 (3), Wis. Stats., created by
2009 Wisconsin Act 164, directs the State Public Defender to promulgate rules regarding a revised determination of indigency. In promulgating these rules, Act 164 directs the State Public Defender to estimate case-type specific costs of effective representation and to employ the income standards established in s.
49.145 (3) (a) (Wisconsin Works) to determine an individual's ability to pay the costs of, and qualify for, legal representation by the State Public Defender.
Tying eligibility for representation to s.
49.145 (3) (a) raises the income level for which a person qualifies for a public defender, thereby increasing the number of clients served by the State Public Defender Agency.
An increase in the number of persons who qualify for representation by the State Public Defender has a corresponding decrease in the costs to counties. Counties are required to provide counsel for those individuals who do not qualify for state public defender representation but have insufficient means to privately retain an attorney. Act 164 shifts, to a large extent, the responsibility of providing representation for these “working poor" from the counties to the State.
Statutory Authority
Comparison with Federal Regulations
There are no federal regulations comparable to the rule changes proposed.
Entities Affected by the Rule
This rule increases the number of persons who will qualify for representation by the State Public Defender.
This change in eligibility lessens the financial burden on counties, all of which are required to provide counsel to those defendants who have income too high to qualify for the State Public Defender, but who cannot afford to retain an attorney.
Estimate of Time Needed to Develop the Rule
The Rule shall be in effect by June 19, 2011, the date upon which the new eligibility guidelines take effect.
Contact Information
Kathy Pakes, Legal Counsel
Office of the State Public Defender
315 N. Henry Street, 2nd Floor
Madison, WI 53703
Phone: 608-261-0633
Public Defender
Subject
Revises Chapter
PD 6, relating to the reimbursement of legal fees to the State Public Defender.
Policy Analysis
2009 Wisconsin Act 164 created section 977.02 (3), Wis. Stats., directing the State Public Defender to promulgate rules regarding a revised determination of indigency.
In promulgating these rules, Act 164 also directs the State Public Defender to estimate the cost of effective representation for specific types of cases and to use the standards established in s.
49.145(3)(a) (Wisconsin Works) to determine an individual's ability to pay the State Public Defender for the costs of legal representation by that Agency.
Revised Chapter
PD 6 bases the amount an individual must pay for legal representation on the current costs for specific case types, and also defines the ability to pay in a manner consistent with the criteria for determination of indigency in Chapter
PD 3.
Statutory Authority
Comparison with Federal Regulations
There are no federal regulations comparable to the rule changes proposed.
Entities Affected by the Rule
This rule affects those persons qualifying for representation by the State Public Defender.
Estimate of Time Needed to Develop the Rule
The Rule shall be in effect by June 19, 2011, the date upon which the new eligibility guidelines take effect.
Contact Information
Kathy Pakes, Legal Counsel
Office of the State Public Defender
315 N. Henry Street, 2nd Floor
Madison, WI 53703
Phone: 608-261-0633
Public Service Commission
Subject
Revises Chapter
PSC 168, to clarify rules relating to the recertification of entities that had been certified as resellers, but lost such certification, and seek to regain that status. In conjunction with this review, the rules may be modified as they relate to filing requirements, certification provisions and related matters.
Policy Analysis
Alternative Telecommunications Utility – Resellers (resellers) are a type of telecommunications provider, defined by Wis. Stat. §
196.01(1d)(c). Chapter
PSC 168 relates to (a) the process for certification of resellers, (b) requirements that are imposed upon certified resellers, and (c) issues concerning decertification and recertification of such entities. These rules have not been updated (with minor exception) since 1997, when first promulgated. The Commission proposes to examine clarifications to these rules to address issues about filing requirements, consequences of filing failures, and the ultimate review and determination of whether to recertify providers. As part of this review, the Commission may examine overall requirements for resellers, processes for reseller filings with the Commission, and the imposition of mandates related to how decertified providers are recertified.
Statutory Authority
Sections
196.01(1d ), 196.02, 196.03, 196.203, and 227.11 (2), Stats.
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Alternative telecommunications utility — Resellers certified by, or entities subject to certification by, the Commission.
Estimate of Time Needed to Develop the Rule
The Commission estimates that approximately 160 hours of Commission staff time will be required in this rulemaking.
Revenue
Subject
Repeals and recreates Chapter
Tax 20, relating to the lottery and gaming and school levy tax credits; and the repeal of Chapter
Tax 53, relating to plat review fees.
Objective of the Rule
•
Provide definitions related to the lottery and gaming credit and establish procedures to assist in the management of the lottery and gaming credit program at the state, county, town, village and city level.
•
Provide restrictions for the distribution of the School Levy Tax Credit — lottery fund.
•
Remove obsolete provisions relating to plat review fees.
Policy Analysis
Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect law changes. If the rules are not changed, they will be incorrect in that they will not reflect current law or current Department policy.
Statutory Authority
Comparison with Federal Regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Entities Affected by the Rule
Wisconsin municipalities receiving school levy tax credit payments and counties and municipalities who manage the lottery and gaming credit program.
Estimate of Time Needed to Develop the Rule
The department estimates it will take approximately 200 hours to develop this rule order
Contact Information
Dale Kleven
Phone: (608) 266-8253
