Shawn Leatherwood 608-261-4438.
Safety and Professional Services —
Podiatry Affiliated Credentialing Board
This statement of scope was approved by the Governor on November 15, 2013.
Rule No.
Relating to
Continuing education audits.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed description of the Objective of the proposed rule
The objective of this proposed rule is to empower the Podiatry Affiliated Credentialing Board (Board) with the ability to conduct continuing education (CE) audits of its licensees on a biennial basis.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Pursuant to s.
Pod 3.04, the Board may require a podiatrist, “to submit evidence to the board of his or her compliance with continuing education requirements during the preceding biennium". However, the administrative rules do not identify when an audit should take place or how long a podiatrist should maintain evidence of compliance. The proposed rule seeks to address these two issues by specifying the time period for continuing education audits and by specifying the time period for maintaining documentary evidence of CE compliance.
Wis. Stats. s.
448.665, states that, “the rules shall require a licensee to complete at least 30 hours of continuing education programs or courses of study within each 2-year period immediately preceding the renewal date specified in s.
440.08 (2) (a)". That renewal date is November 1
st of each even numbered year. The proposed rule would change the language in s.
Pod 3.01 to reflect the statutory language. Lastly, s.
Pod 3.04 would be amended to require licensees to maintain evidence of CE compliance on a biennial basis.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2), Stats., discusses the parameters of an agency's rule-making authority stating an agency, “may promulgate rules interpreting the provisions of nay statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of any statute, but a rule is not valid if it exceeds the bounds of correct interpretation." Section
227.01 (1), Stats., defines agency as a board. The Podiatry Affiliated Credentialing Board falls within that definition. Therefore, the Board may promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rule does not exceed proper interpretation of the statute.
Section
448.665, Stats., provides that, “[t]he affiliated credentialing board shall promulgate rules establishing requirements and procedures for licensees to complete continuing education programs or courses of study in order to qualify for renewal of a license granted under this subchapter." This provision empowers the Board to promulgate rules setting forth the process of conducting credential renewal after meeting continuing education requirements.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
State employees will spend approximately 50 hours developing the proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Wisconsin licensed podiatrist will be affected by this proposed rule.
7. 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
There is no comparable existing or proposed federal regulations dealing with this issue.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
This rule is not likely to have a significant economic impact on small businesses.
Contact Person
Shawn Leatherwood 608-261-4438.
