Scope Statements
Children and Families
Safety and Permanence, Chs.
35—59
Early Care and Education, Chs.
201—252
This statement of scope was approved by the governor on March 31, 2014.
Rule No.
Chapter
DCF 12 (create) and Chapters
DCF 51,
52,
54,
55,
56,
57,
59,
202,
250,
251, and
252 (revise).
Relating to
Caregiver background checks.
Rule Type
Permanent.
1. Finding/Nature of Emergency (for Emergency Rules Only)
2. Detailed Description of the Objective of the Proposed Rule
The proposed rulemaking order will create ch.
DCF 12, relating to caregiver background checks required under s.
48.685, Stats. The scope of the proposed ch.
DCF 12 will be similar to ch.
DHS 12, which is the Department of Health Services caregiver background check rule. Chapter
DHS 12 was created as ch.
HFS 12 in 1999 to apply to background checks required under ss.
48.685 and
50.065, Stats., except for the certified child care program that was administered by the Department of Workforce Development. Administration of s.
48.685, Stats., was transferred to the Department of Children and Families (DCF) when the department was created in 2008.
2007 Wisconsin Act 20 provides that ch.
DHS 12 applies to DCF programs until the department creates its own background check rule.
The proposed rulemaking order will also update rules for the programs affected by s.
48.685, Stats., to ensure that information on the caregiver background check is current, accurate, and clear.
3. Detailed Explanation of Statutory Authority for the Rule
Section
48.685 (2) (d), Stats., provides that every entity shall maintain or shall contract with another person to maintain the most recent background information obtained on a caregiver. The information shall be made available for inspection by authorized persons, as defined by the department by rule.
Section
48.685 (4), Stats., provides that an entity that violates s.
48.685 (2),
(3), or
(4m) (b), Stats., may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.
Section
48.685 (5) (a), Stats., directs the department to establish procedures by rule under which a person may show by clear and convincing evidence that he or she has been rehabilitated. Section
48.685 (5) (bm) and
(br), Stats., lists offenses for which rehabilitation is not available. Section
48.685 (5) (a), Stats., does not authorize a person to demonstrate that he or she has been rehabilitated if the person was convicted of an offense that is not a serious crime under s.
48.685 (1) (c), Stats., but is substantially related to the care of a client under s.
48.685 (5m), Stats.
Section
48.685 (6) (b) 1., Stats., provides that caregivers licensed by the department, persons who are under 18 years of age and who are caregivers for a child care center, nonclient residents of an entity that is licensed by the department, and other persons specified by the department by rule shall send the background information form to the department.
Section
48.685 (6) (b) 2., Stats., provides that caregivers who are licensed or certified by a county department or an agency contracted with under s.
48.651 (2), Stats., nonclient residents of those entities, and other persons specified by the department by rule shall send the background information form to the county department or contracted agency.
Section
48.685 (6) (b) 3., Stats., provides that caregivers who are licensed by a child welfare agency, nonclient residents of those entities, and other persons specified by the department by rule shall send the background information form to the child welfare agency.
Section
48.685 (6) (b) 4., Stats., provides that caregivers who are contracted with by a school board, nonclient residents of those entities, and other persons specified by the department by rule shall send the background information form to the school board.
Section
48.685 (6) (c), Stats., provides a person who provides false information on a background information form may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.
Section
48.67 (intro.), Stats., provides that the department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees.
Section
49.155 (1d), Stats., provides that the department shall promulgate rules establishing standards for the certification of child care providers under s.
48.651, Stats.
Section
227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
4. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
160 hours
5. List with Description of all Entities that may be Affected by the Proposed Rule
Applicants for license or certification, licensees, employees, contractors, and non-client residents in residential care centers for children and youth, child-placing agencies, foster homes, group homes, shelter care facilities, certified child care providers, family child care centers, group child care centers, days camps for children, and child care programs established by school boards.
County departments of social services, county departments of health and human services, licensed private child-placing agencies, tribes, and the department's Bureau of Milwaukee Child Welfare and Milwaukee Early Care Administration.
6. 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
42 USC 671 (20) requires that states provide for background checks of any prospective foster or adoptive parent before the foster or adoptive parent may be finally approved for placement of a child and prohibits payment of foster care maintenance or adoption assistance if the record check indicates certain convictions or other findings. It also requires that states provide for background checks of any relative guardian before the guardian may receive kinship guardianship assistance payments on behalf of the child.
7. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None or minimal
Contact Person
Elaine Pridgen, Rules Coordinator
(608) 267-9403
Safety and Professional Services
Professional Services, Chs.
1—299
This statement of scope was approved by the governor on March 20, 2014.
Rule No.
Relating to
Credentialing requirements and procedures for private detective agencies, private detectives, and private security professionals.
Rule Type
Permanent.
1. Finding/Nature of Emergency (for Emergency Rules Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective of this rulemaking project is to clarify existing rules for private detectives, private detective agencies, and private security professionals and to streamline the Department's licensure processes outlined in chs.
SPS 30 to
35. The processes to be evaluated include licensure and permit approvals, fee collection, records maintenance and retention, renewals, temporary permits, and the application of penalties for noncompliance with the code. The Department seeks to increase the efficiency of its licensing processes and ease the administrative burdens on private detectives. These goals are substantially in accordance with Governor Walker's Executive Order No. 61 which directs the Department to analyze its rules to increase efficiency and decrease costs to small businesses.
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
Chapters
SPS 30 to
35 establish licensure and credentialing requirements for private detectives, private detective agencies, and private security personnel. The existing policies set standards for obtaining licenses and permits via submissions to the Department and a third party vendor. Certain records are held and maintained by the Department while others are verified by the third party vendor. Potential rule changes would simplify the form and content of submissions and standardize document maintenance and retention policies. All policies will be examined for opportunities to increase efficiency and decrease costs to small businesses pursuant to Executive Order No. 61. Not conducting this review may result in unnecessary costs and delays.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Generally, Wis. Stat. s.
227.11 (2) (a) empowers the Department of Safety and Professional Services to promulgate rules interpreting the provision of any statute the Department enforces or administers. The Department has specific authority to prescribe requirements for the licenses and permits of private detectives, private detective agencies, and private security personnel pursuant to Wis. Stat. s.
440.26.
The Department has the following duties and powers:
Wis. Stat. s. 440.26 (1) (b) The department may promulgate rules specifying activities in which a person may engage without obtaining a license or permit under this section.
1. Subject to subds. 2. and 3., the department shall prescribe, by rule, such qualifications as it deems appropriate, with due regard to investigative experience, special professional education and training and other factors bearing on professional competence.
2. An individual who has been convicted in this state or elsewhere of a felony and who has not been pardoned for that felony is not eligible for a license under this section.
3. The department may not issue a license under this section to an individual unless the individual is over 18 years of age.
4. The department, in considering applicants for license, shall seek the advice of the appropriate local law enforcement agency or governmental official, and conduct such further investigation, as it deems proper to determine the competence of the applicant.
5. The department may, based on rules adopted by the department, refuse to issue a license under this section to an individual who has committed any of the acts described in sub. (6) (a) 1. to 5.
Wis. Stat. s. 440.26 (3m) Rules concerning dangerous weapons. The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section or who is employed by a person licensed under this section. The rules shall meet the minimum requirements specified in
15 USC 5902 (b) and shall allow all of the following:
(a) A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed firearm if s.
941.23 (1) (g) 2. to
5. and
(2) (b) 1. to
3. applies.
Wis. Stat. s. 440.26 (6) (a) Subject to the rules adopted under s.
440.03 (1), the department may reprimand the holder of a license or permit issued under this section or revoke, suspend or limit the license or permit of any person who has done any of the following:
1. Been convicted of a misdemeanor or found to have violated any state or local law that is punishable by a forfeiture, subject to ss.
111.321,
111.322 and
111.335.
2. Engaged in conduct reflecting adversely on his or her professional qualification.
3. Made a false statement in connection with any application for a license or permit under this section.
4. Violated this section or any rule promulgated or order issued under this section.
5. Failed to maintain a bond or liability policy as required under sub. (4).
Wis. Stat. s. 440.26 (6) (b) Subject to the rules promulgated under s.
440.03 (1), the department shall revoke the license or permit of any person who has been convicted of a felony in this state or elsewhere and who has not been pardoned for that felony.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule And of Other Resources Necessary to Develop the Rule
The staff time needed to revise the rules is expected to be approximately 80 hours. This time includes research, consulting, drafting the rule revisions, consulting with stakeholders and potentially an advisory committee, processing the rule revisions through public hearings, legislative review, and adoption. There are no other resources necessary to revise the rules.
6. List with Description all Entities that may be Affected by the Proposed Rule
This rulemaking project may affect private detectives, private investigative agencies, and private security personnel.
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
An Internet-based search of the Code of Federal Regulations (CFR) and the Federal Register did not reveal any federal regulations pertaining to the licensure of private detectives, private investigative agencies, or private security personnel. Similarly, no federal regulations regulate permits provided to private detectives, private investigative agencies, or private security personnel.
8. Anticipated Economic Impact of Implementing the Rule
The Department believes that the proposed changes will have no adverse economic impact. The changes under consideration are intended to alleviate unnecessary economic burdens on private investigators and their employers. The revisions are also anticipated to decrease the Department's cost of administering Wis. Stat. s.
440.26.
Contact Person
Safety and Professional Services —
Dentistry Examining Board
This statement of scope was approved by the governor on March 19, 2014.
Rule No.
Relating to
Administration of nitrous oxide and the practice of dental hygiene.
Rule Type
Permanent.
1. Finding/Nature of Emergency (for Emergency Rules Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The primary intent of this proposed rule is to respond to recent legislation and incorporate such provisions that allow the administration of nitrous oxide inhalation analgesia by licensed dental hygienists. Currently, the Dentistry Examining Board certifies qualified dental hygienists to administer anesthesia, which does not include nitrous oxide inhalation analgesia (nitrous oxide). Licensed dentists, having met the training requirements may administer nitrous oxide and with supervision, hygienists may monitor patients. The practice of hygiene will be reviewed and revisions proposed to reflect current practice and use of technology within the practice of dentistry and dental hygiene.
Typographical errors, formatting, and other corrections and cross-references will be made, as some these chapters have not been revised since the 1990's. Where applicable, notes will be updated to reflect current information.
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
Currently, a dental assistant and dental hygienist may assist the dentist in the monitoring of the patient's condition while undergoing nitrous oxide treatment, [s.
DE 12.01 (2)]. A dental hygienist may not administer or adjust the concentration of nitrous oxide as s.
DE 3.03 (1) prohibits a dental assistant or dental hygienist from administering or prescribing nitrous oxide. In addition, a licensee is not required to apply for a permit for administering sedation separate from an application for a professional license. A Class I sedation permit is not required before the administration of nitrous oxide inhalation analgesia. Under s.
DE 11.03 (2), a dentist utilizing nitrous oxide inhalation shall be trained and certified in administering basic life support. This certification is renewed in compliance with the standards set forth by the American Heart Association, the American Red Cross, or other organizations approved by the board (or DHS). In the current rules, an Application for Dental Hygiene Certificate to Administer Local Anesthesia is required. There are no proposed changes in the type or level of training for a dental hygienist applying for a sedation permit to administer nitrous oxide inhalation analgesia.
Nitrous oxide inhalation analgesia is just one option available for sedation in the practice or dentistry. Research has shown that this class of sedation is used for not only pain control, but also as a sedation that is highly effective in the management of mild to moderate levels of dental anxiety. Nitrous oxide inhalation analgesia is also used in routine procedures undertaken by hygienists such as planing and scaling. It is also administered to patients of all ages having advanced periodontal disease due to dental anxiety or lack of dental care. Nitrous oxide inhalation analgesia has been highly effective in allowing on-going audible and verbal communication between the patient and health-care provider during examination and dental procedures.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
447.02 (1) reads: “447.02 Dentistry examining board. (1) The examining board may promulgate rules:
(a) Governing the reexamination of an applicant who fails an examination specified in s.
447.04 (1) (a) 5. or
(2) (a) 5. The rules may specify additional educational requirements for those applicants and may specify the number of times an applicant may be examined.
(b) Governing the standards and conditions for the use of radiation and ionizing equipment in the practice of dentistry.
(c) Subject to ch.
553 and s.
447.06 (1), governing dental franchising.
(d) Specifying practices, in addition to the practices specified under s.
447.01 (3) (a) to
(f), that are included within the practice of dental hygiene.
(e) Providing for the granting of temporary licenses under this chapter."
Section
447.02 (2) (b) and
(e) reads: “447.02 (2) The examining board shall promulgate rules specifying all of the following:
(b) The standards, conditions and any educational requirements that are in addition to the requirements specified in s.
447.04 (1) that must be met by a dentist to be permitted to induce general anesthesia or conscious sedation in connection with the practice of dentistry.
(e) The educational requirements for administration of local anesthesia by a dental hygienist licensed under this chapter under s.
447.06 (2) (e) 2."
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to develop the rules is expected to be about 160 hours, depending on the complexity. This includes coordinating the rule-making process with the Board, research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. The agency will utilize existing staff. There are no other resources necessary to develop the rules.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Licensed dental hygienists and dentists.
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 known exiting or proposed federal regulations addressing the administration of nitrous oxide inhalation analgesia by licensed dental hygienists. With regard to the definition of “dentistry" or limitations on dental specialties, no exiting or proposed federal regulations were found.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rule is not expected to have a significant adverse economic impact on small business, as defined in s.
227.114 (1), Stats.
Contact Person
Jean MacCubbin, (608) 266-0955.
Safety and Professional Services —
Board of Nursing
This statement of scope was approved by the governor on March 19, 2014, for publication.
Rule No.
Chapters
N 5 and
6 (revise).
Relating to
Renewal and standards of practice.
Rule Type
Permanent.
1. Finding/Nature of Emergency (for Emergency Rules Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to do a comprehensive review and update of the renewal process and standards of practice chapters in order to bring them up-to-date with current practice.
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
The current renewal chapter contains rules which are inconsistent with current practices for renewal and include outdated references. The proposed policies for the renewal chapter are to update the renewal rules to recognize modern practices, technologies and procedures, remove obsolete references and correct inconsistencies with statutes.
The Board plans to review the standards of practice chapter to ensure the rules are updated to current nursing practice standards.
The alternative to the proposed policies is to not update to current practices and procedures.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b) Each examining board: shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
Section
441.01 (3) The board may establish minimum standards for schools for professional nurses and schools for licensed practical nurses, including all related clinical units and facilities, and make and provide periodic surveys and consultations to such schools. It may also establish rules to prevent unauthorized persons from practicing professional nursing. It shall approve all rules for the administration of this chapter in accordance with ch.
227.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
125 hours
6. List with description of all entities that may be affected by the proposed rule
Nurses and health care entities.
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:
None
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None or minimal. It is not likely to have a significant economic impact on small businesses.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377.
Safety and Professional Services —
Board of Nursing
This statement of scope was approved by the Governor on March 25, 2014.
Rule No.
Relating to
Advanced practice nurse prescribers.
Rule Type
Permanent.
1. Finding/Nature of Emergency (for Emergency Rules Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The current ch.
N 8 was created in 1995 with only a few minor revisions. The Board's intention is to do a comprehensive review, evaluation and update to the rules governing advance practice nurse prescribers.
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
The Board will update the chapter to reflect current procedures and the changes in the profession.
Stakeholders have brought to the Board's attention that national certification bodies which previously certified clinical nurse specialist in a specific specialty no longer certifies that specialty. Other states have addressed with requirements which did not include relying on a national certification. The Board will consider options to address this stakeholder concern as part of the rule-making project.
The alternative is to keep the current rules which have some inconsistency with the statute and rules, and maintain procedures and practice of the profession which remain out-of-date.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b) Each examining board: shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
Section
441.01 (3) The board may establish minimum standards for schools for professional nurses and schools for licensed practical nurses, including all related clinical units and facilities, and make and provide periodic surveys and consultations to such schools. It may also establish rules to prevent unauthorized persons from practicing professional nursing. It shall approve all rules for the administration of this chapter in accordance with ch.
227.
Section
441.16 (3) The board shall promulgate rules necessary to administer this section, including rules for all of the following:
(a) Establishing the education, training or experience requirements that a registered nurse must satisfy to be an advanced practice nurse. The rules promulgated under this paragraph shall require a registered nurse to have education, training or experience that is in addition to the education, training or experience required for licensure as a registered nurse.
(am) Establishing the appropriate education, training and examination requirements that an advanced practice nurse must satisfy to qualify for a certificate to issue prescription orders.
(b) Defining the scope of practice within which an advanced practice nurse may issue prescription orders.
(c) Specifying the classes of drugs, individual drugs or devices that may not be prescribed by an advanced practice nurse.
(cm) Specifying the conditions to be met for a registered nurse to do the following:
1. Administer a drug prescribed by an advanced practice nurse who is certified to issue prescription orders.
2. Administer a drug at the direction of an advanced practice nurse who is certified to issue prescription orders.
(d) Establishing procedures for maintaining a certificate to issue prescription orders, including requirements for continuing education and a requirement to complete the nursing workforce survey and submit the fee required under s.
441.01 (7).
(e) Establishing the minimum amount of malpractice liability insurance coverage that an advanced practice nurse shall have if he or she is certified to issue prescription orders. The board shall promulgate rules under this paragraph in consultation with the commissioner of insurance.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
175 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
Nurses and other health care professionals and entities.
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
None
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None or minimal economic impact. There is not likely to be a significant economic impact on small businesses.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377
Safety and Professional Services —
Psychology Examining Board
This statement of scope was approved by the governor on March 27, 2014.
Rule No.
Relating to
Licensure.
Rule Type
Permanent.
1. Finding/Nature of Emergency (for Emergency Rules Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to update the rule to reflect the changes due to Wisconsin 13 Act 114. In addition, the objective is to streamline, clarify and update the licensure and examination process for applicants.
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
Wisconsin 13 Act 114 allows an applicant to take any required examination prior to graduation. The rule needs to be updated to reflect this change in the statute.
The code contains outdated practices and procedures. This proposed rule would review and update all licensure and examination requirements in the interest of streamlining the process while maintaining the health, safety and welfare of the public.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b) Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
Section
455.08 The examining board shall adopt such rules as are necessary under this chapter.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
100 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Psychology applicants.
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
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Minimal to none. It is not likely to have an economic impact on small businesses.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377.
