This rule proposal may make modifications to white-tailed deer hunting regulations including modifying seasons, carcass tag use, and other regulations if necessary implement provisions of the report and review of deer management practices prepared by the state's deer trustee. The report does recommend new policies on making deer management decisions. However, Wisconsin will continue to manage for a deer herd that provides recreational hunting opportunity and that is in balance with the habitat that supports it and while considering other impacts of deer populations. The report was released to the public in July, 2012, and further evaluation will occur before specific rule changes are proposed.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The chapter on wild animals and plants, in s.
29.014, “rule making for this chapter", establishes that the department shall maintain open and closed seasons for fish and game and any limits, rest days, and conditions for taking fish and game. This grant of rule-making authority allows the department to make changes related to deer hunting and management, simplify Canada goose hunting regulations, eliminate previous rules on the possession of hen pheasants but require that the species and sex of birds being transported be identifiable. This section authorizes other rule-making such as establishing the types of firearms that may be used for hunting, waterfowl hunting regulations, and bear and wolf pursuit regulations and other hunting regulations. Finally, this section authorizes setting season dates for species such as coyotes, mink and muskrat and establishing trap-check and carcass harvest reporting requirements.
The establishment of game refuges is authorized in s.
23.09 (b) relating to the department's ability to designate locations reasonably necessary for the purpose of providing safe retreats in which birds may rest and replenish adjacent hunting grounds.
Managed hunting opportunities which control activities within zones at Bong Air Base, the Richard Bong Recreation Area, are authorized by s.
23.09 (13) and
23.091. Special fees for use of the recreation areas for certain types of visitation, such as pheasant hunting, are authorized under 27.01 (9) (c).
Sections
23.095,
23.11 and
29.014, Stats. allow for the protection of natural resources, establish general department powers, and authority to establish hunting and trapping regulations on department managed lands including regulations on the placement of tree stands, collecting willow stakes, and dog training.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
306 hours.
List with Description of All Entities that may be Affected by the Proposed Rule
Hunters, trappers, dog trainers, and recreational users of DNR lands are the principal groups that will be affected by this rulemaking.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Anticipated Economic Impact of Implementing the Rule (Note: if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector or small businesses. These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
This scope statement contains a proposal to increase the daily fee for pheasant hunting at Richard Bong Recreation Area from $3.00 to $12.00. The daily bag limit is two birds per day beginning on the third day of the season (1 per day on opening weekend). A survey of privately owned southern Wisconsin pheasant game farms showed that most charge between $44.00 and $50.00 for two birds. The Illinois Department of Natural Resources conducts similar managed pheasant hunts and charges $25.00 per day with a daily bag limit of two. Because the fee at the recreation area will continue to be significantly lower than similar opportunities available in the region, no shift in hunting activity or hunter's related expenditures is anticipated.
Allowing the use of rifles for firearm deer hunting statewide will result in an increase in firearm sales in subsequent years. Many hunters perceive that hunting deer with rifles is preferable to hunting with shotguns, muzzleloaders, or handguns. Because ordering and shipping firearms is difficult, many or most of these purchases will occur at shops in Wisconsin. It is difficult to estimate how many purchases will occur because people would still be able to hunt with shotguns, muzzleloader and handguns. Purchases may be spread out over a period of years as people update their firearms. While the amount of economic impact is difficult to estimate, an increase in firearm sales would be an assured result of this rule change and is something that sporting goods outlets are already anticipating.
The economic impacts of deer hunting regulations are difficult to estimate and range from no impact in most cases to significant impacts if opportunities to hunt are significantly impacted or if deer populations are significantly impacted. Specific changes that may be considered under this scope statement have not been selected at this time however; only changes recommended in a report and review of deer management practices prepared by the state's deer trustee would be considered under this scope statement.
Other proposed rule changes are not expected to significantly influence the spending activities or hunting and trapping activity of hunters, trappers, dog trainers, or other outdoor enthusiasts. Correspondingly, no related economic impacts are anticipated.
Contact Person
Safety and Professional Services —
Podiatry Affiliated Credentialing Board
This statement of scope was approved by the governor on August 10, 2012.
Rule No.
Chapters
Pod 1 to
3 (165-POD X-ray Exams-SS).
Relating to
Requirements of a course of instruction related to X-ray examinations by persons under direct supervision of podiatrists under s.
462.02 (2) (f).
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
None.
Detailed Description of the Objective of the Proposed Rule
The rule is intended to comply with the legislative directive in Wis. Stat. s.
448.695 that the Podiatry Affiliated Credentialing Board, “shall promulgate rules specifying the requirements for a course of instruction related to X-ray examinations by persons under the direct supervision of a podiatrist under s. 462 (2) (f)."
Generally, persons who practice radiography are required to be credentialed by the Radiography Examining Board. Wis. Stat. s.
462.02 (1). An exception exists for uncredentialed persons who practice under the direct supervision of a podiatrist. Wis. Stat. s.
462.02 (2) (f). The proposed rule is intended to specify education requirements for these unlicensed delegates that provide for patient safety, without unduly burdening the unlicensed delegate or the podiatrist/employer.
Additionally, the proposed rule will define “direct supervision" and any other terms, as yet unidentified, which become apparent during the process, and which the Board deems necessary to comply with s.
448.695.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
In
2009 Wisconsin Act 106, the legislature determined that persons who engage in the practice of radiography should be regulated. The purpose of professional regulation is primarily to remove unacceptable risks of harm to patients under the care of licensees.
Radiographers use radioactivity in the diagnostic process. Radioactivity, at certain levels or with repeat imaging, creates a risk of harm to patients. In the hands of unqualified persons, the risk of harm is unacceptable.
There are differences between radiography performed in the practice of podiatric medicine and surgery and that in other settings. Those differences result in fewer and less potentially harmful collateral consequences in podiatric medicine than in radiography generally. First, the proposed rule is applicable to persons who take x-rays only under the direct supervision of podiatrists. Persons credentialed by the Radiography Board practice without direct supervision in most instances. Second, radiography equipment used in podiatrists' offices is much less powerful than more comprehensive equipment used in other health care settings. Third, in podiatric medicine diagnostic x-rays are limited to extremities--the foot, ankle and lower leg below the knee. These areas of the body are less vulnerable to the collateral consequences of an x-ray than are chest, head and other more vascular areas of the body for which more powerful radiology equipment is used.
Because the practice of radiography within podiatric medicine is inherently less dangerous to patients than radiography is in other settings, this rule will further the social policies of avoiding unnecessary restrictions on employment of health care professionals and potentially reducing costs to health care consumers.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Generally, persons who practice radiography are required to be credentialed by the Radiography Examining Board. Wis. Stat. s.
462.02 (1). An exception exists for uncredentialed persons who practice under the direct supervision of a podiatrist. Wisconsin Stat. s.
462.02 (2) (f) specifies that credentialing by the Radiography Examining Board is not required for:
A podiatrist licensed under s.
448.63 or a person under the direct supervision of such a podiatrist, if the person has successfully completed a course of instruction approved by the podiatrists affiliated credentialing board related to X-ray examinations under s.
448.695 (3).
The legislature has directed the Podiatry Affiliated Credentialing Board to identify education requirements for persons who practice radiography only under the direct supervision of licensed podiatrists:
448.695 (3) The [podiatry] affiliated credentialing board shall promulgate rules specifying the requirements for a course of instruction related to X-ray examinations by persons under the direct supervision of a podiatrist under s.
462.02 (2) (f). In promulgating the rules, the affiliated credentialing board shall consult with the radiography examining board and shall examine laws and rules in other states. The affiliated credentialing board shall approve courses that meet the requirements set forth in the rules.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
60 hours.
List with Description of All Entities that may be Affected by the Proposed Rule
Podiatry patients, podiatrists, unlicensed persons employed by podiatrists, third-party payers and educational organizations.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The Consumer-Patient Radiation Health & Safety Act of 1981 (
42 USC 10001, et seq,) is relevant because it specifies education and credentialing standards for radiographers, radiation therapists, dental radiographers, sonographers and nuclear medicine technologists. More research would be necessary to confirm whether or not the Act concerns radiography in podiatric medicine and surgery. Regardless, there are no enforcement provisions in current law and therefore, compliance with the Act is voluntary and dependent upon state regulation.
However, the proposed amendments to federal law could make enforcement of federal standards relevant to Medicare funding. The Consistency, Accuracy, Responsibility and Excellence (CARE) in Medical Imaging and Radiation Therapy bill, H.B. 2104 would amend current law by creating an enforcement provision in federal standards for education and certification of certain radiography professionals. In short, if a state declined to adopt federal standards for education and credentialing of certain radiography professionals, the state would lose certain federal Medicare funding.
Anticipated Economic Impact of Implementing the Rule (Note: if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
Any resulting course of instruction could result in more business opportunity for private vocational educators.
Contact Person
Safety and Professional Services
This statement of scope was approved by the governor on August 10, 2012.
Rule No.
SPS 60-65, 205-?
Relating to
Regulation of Barbers.
Rule Type
Emergency & Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
On July 1, 2012,
2011 Wisconsin Act 190 (the Act) took effect, transferring regulatory authority of barbers from the former Barbering and Cosmetology Examining Board to the Department of Safety and Professional Services (DSPS). The Act also changed the education requirements for barbers' initial licensure, and the continuing education requirements for renewal. The transfer of authority and the changes in requirements require immediate rule-making by DSPS to implement these changes.
Detailed Description of the Objective of the Proposed Rule
This rule-making project will create all rules relevant to the practice of barbering pursuant to
2011 Wisconsin Act 190. Among other things, Act 190 separated the previously combined barbering and cosmetology professions, and transferred the authority for regulation of the barbering profession from the former Barbering and Cosmetology Examining Board to the Department of Safety and Professional Services (DSPS). The primary objective of this proposed rule-making is to create DSPS rules consistent with the changes to chs.
440 and
454, Stats., thus effectuating the transfer of authority. Any substantive changes to the rules governing barbering as they existed before the effective date of Act 190 will also be reflected in this proposal. In addition, certain provisions of the DSPS Code regarding the curriculum requirements for, and the licensure of, what were schools of barbering and cosmetology, but will now be schools of barbering only, as well as the licensure of their instructors will be amended based on Act 190's separation of the professions.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Prior to the effective date of Act 190, July 1, 2012, the Barbering and Cosmetology Examining Board was charged with regulating both the barbering and cosmetology professions. Act 190 transferred the authority to regulate the barbering profession from the Board to DSPS. Consequently, the administrative code relating to both professions must be revised. The rules sought to be drafted by this Statement of Scope are statutorily mandated and serve only to implement the authority transfer and to create rules to govern barbering practice as necessitated by Act 190. Beyond that, there are no existing policies being modified, nor new policies being added.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a), Stats., authorizes an agency to promulgate rules interpreting the statutes it enforces or administers, when deemed necessary to effectuate the purpose of such statutes. Section
440.62 (2) (e), Stats., obligates DSPS to promulgate rules establishing requirements for surety bonds in all schools and specialty schools of barbering and/or cosmetology. Section
440.62 (5) (b) 2., Stats., obligates DSPS to establish the required curriculum for barbering schools and the minimum standards for instruction, materials, and equipment at barbering schools. Section
440.64 (1) (b), Stats., requires DSPS to promulgate marketing and other fiscally-related regulations for all schools and specialty schools of barbering and/or cosmetology. Section
454.25 (1) (a), Stats., authorizes DSPS to promulgate rules regarding the provision of barbering services outside of a licensed barbering establishment under certain circumstances. Sections
454.25 (2) and
(3), Stats., allow DSPS to establish requirements for licensure of barbering establishments, and require DSPS to promulgate minimum health and safety standards for such establishments, respectively. Section
454.265 (1), Stats., obligates DSPS to promulgate continuing education requirements, subject to the specified statutory limitations, for licensed barbers.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
225 hours.
List with Description of All Entities that may be Affected by the Proposed Rule
Barbers, barbering managers, barbering establishments, and their cosmetology counterparts; apprentices in the barbering and cosmetology professions; barbering and cosmetology schools and instructors; continuing education providers in the barbering and cosmetology professions; consumers of barbering and cosmetology; DSPS staff.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The federal government does not regulate the barbering and cosmetology professions in the states. However, it does have regulations applicable to apprenticeships in all trades and professions registered with the United States Department of Labor (DOL). Such regulations are generally administered by state laws governing apprenticeship programs in a particular state. In Wisconsin, the Department of Workforce Development is charged with that responsibility.
Anticipated Economic Impact of Implementing the Rule (Note: if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
These proposed rules are strictly for the purpose of implementing the mandates of Act 190, which took effect on July 1, 2012. The rules contemplated in this project will have no economic impact on the entities listed above beyond that which arose from the statutory changes to the barbering and cosmetology professions made by Act 190. Moreover, the rules created by this proposal will not become effective for at least a year past that date. Thus, although many of the above-listed entities either have been or may be significantly affected by the separation of regulatory authority for the barbering and cosmetology professions, these proposed rules will not cause any economic impact that such entities have not already absorbed.
Contact Person
Kris Anderson, (608) 261-2385.
