Types of professional skills necessary for compliance with the rule.
There are no new types of professional skills necessary for compliance with the rule.
Rule has a significant economic impact on small businesses.
No.
Small business regulatory coordinator
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Environmental Analysis
NOTICE IS HEREBY GIVEN that the Department has considered the environmental impact of the proposed rule. In accordance with chapter Comm 1, the proposed rule is a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed the rule and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
Summary
The proposed rule repeals code language requiring a wear and fatigue monitoring system and a device that protects against suspension loss for electric traction elevators using smaller sized wire ropes. Repealing s.
Comm 18.1702 (8) will not affect department revenue or expenditures.
State fiscal effect
None.
Local government fiscal effect
None.
Fund sources affected
PRO.
Long-range fiscal implications
No long range fiscal implications are anticipated.
Agency Contact Person
Larry Swaziek, Program Manager
(608) 267-7701
Text of Emergency Rule
SECTION 1. Comm 18.1702 (8) is repealed.
Text of Proposed Permanent Rule
SECTION 1. Comm 18.1702 (8) is repealed.
Notice of Hearing
Dentistry Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Dentistry Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
447.04 (1) (b) 1., Stats., the Dentistry Examining Board will hold a public hearing at the time and place indicated below to consider an order to revise Chapters
DE 1 and
2, and to repeal Chapter
DE 4, relating to licensure of foreign trained dentists.
Hearing Information
Date: March 4, 2009
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
Room 121A
Madison, Wisconsin
Appearances at the Hearing and Submission of Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to pamela.haack @wisconsin.gov. Comments must be received on or before March 20, 2009, to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
pamela.haack@wisconsin.gov.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
447.04 (1) (b) 1., Stats., enables the Dentistry Examining Board to write rules for the licensing of individuals who are licensed in good standing to practice dentistry in another country.
Related statute or rule
There are no related statutes or rules other than those listed above.
Plain language analysis
This proposed rule-making creates a route for foreign trained dentists to be licensed in Wisconsin. It creates requirements that a foreign trained dentist must meet to get a license for both initial licensure and endorsement.
SECTION 2 creates a definition for “accredited" to mean accredited by the American Dental Association's Commission on Dental Accreditation (ADA CODA) or its successor agency. This is the same definition that is in s.
447.01 (1), Stats.
SECTION 3 amends the rule to delete foreign trained dentists from the initial licensing requirements in s.
DE 2.01 (1). Section
DE 2.01 (1) lists the items and evidence an applicant must submit to the board to receive an initial license.
SECTION 4 creates a new provision for initial licensure that applies only to foreign trained dentists. A foreign trained dentist will qualify for a license if he or she submits to the board evidence of graduation from a foreign dental school, evidence of the successful completion of an accredited postgraduate program in advanced education in general dentistry or an accredited general dental practice residency. In addition, a foreign trained dentist must submit the same information required of non-foreign trained dentists listed in s.
DE 2.01 (1) (a) to
(d) and
(g).
SECTION 5 amends the endorsement licensure provision in s.
DE 2.04 (1) (a), to enable foreign trained dentists to qualify for a license through endorsement. Currently, a foreign trained dentist cannot qualify for a license through endorsement because they do not meet the requirement that the applicant graduated from an accredited school of dentistry. This rule enables a foreign trained dentist to qualify for a license through endorsement if he or she submits evidence satisfactory to the board that he or she has graduated from a foreign dental school and has successfully completed an accredited postgraduate program in advanced education in general dentistry or an accredited general dental practice residency. All other requirements for qualifying for a license through endorsement remain in effect for all applicants.
SECTION 6 repeals ch.
DE 4, Educational Programs Meeting Licensing and Certification Requirements. Chapter
DE 4 consists of ss.
DE 4.01 and
4.02. Section
DE 4.01 states that the board shall approve ADA CODA accredited educational programs. That is already established in statute. It also allows the board to approve other programs. This rule repeals the board's ability to approve other programs.
Section
DE 4.02 gives the board the authority to approve evaluation programs for foreign trained dentists. Repealing this provision takes away that authority from the board. The repeal of this provision is consistent with this proposed rule-making order. This rule-making order deletes the language in s.
DE 2.01 (1) (e) that states that a foreign trained dentist meets the educational requirements for a license if verification is provided from a “board approved foreign graduate evaluation program of successful completion of the evaluation course." By deleting that language, s. DE 4.02 becomes obsolete for licensure purposes and should be repealed. This rule-making order replaces that deleted language by requiring a foreign trained applicant to have completed an ADA CODA approved program.
Comparison with federal regulations
There are no existing or proposed federal regulations.
Comparison with rules in adjacent states
Iowa:
Iowa requires attendance of at least 2 years at a CODA accredited school. No DDS or DMD is required, but the dean of the school attended must verify the same level of didactic and clinical education has been achieved as a graduate of the dental school. A diploma, degree, or certificate must be awarded upon completion.
Illinois:
A minimum of two academic years of general dental clinical training at a school in the United States or Canada approved by the department (CODA) approved school is required. However, an accredited advanced dental education program approved by the department.
Michigan:
Michigan requires completion of, at minimum, a 2 year program in an ADA approved school. No DDS or DMD is required. The individual must be confirmed by the dean of the school attended.
Minnesota:
A 2001 law makes international graduates eligible to take the clinical examination (e.g., CRDTS) if education is determined to be equivalent to a CODA accredited dental education program. International Credentialing Associates, Inc., (ICA) is the equivalency evaluation company the board uses. Minnesota accepts completion of an advanced program in dentistry (CODA approved) in lieu of ICA evaluation.
Summary of factual data and analytical methodologies
The board reviewed its current rules and the rules of other states. A considerable amount of time was spent during board meetings examining how foreign trained dentists are credentialed. This involved an analysis of the available evaluation programs that are operational in other states. The board also examined the process of accrediting postgraduate residency training programs. Representatives of the American Dental Association presented information to the board regarding its accreditation standards and procedures, and a significant amount of time was spent discussing how best to credential foreign trained dentists.
Analysis and supporting documents used to determine effect on small business
No new reports or forms are required under the rule. The impact on small businesses is anticipated to be positive due to the increase in the number of dentists available for hire. Nearly all dental practices in Wisconsin are small businesses.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Small Business Impact
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@wisconsin.gov, or by calling 608-266-8608.
Fiscal Estimate
Summary
The department estimates that this rule will require staff time in the Office of Legal Counsel, Office of Examinations, and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $9,732. The total on-going salary and fringe costs are estimated at $1,146.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0495; email at
pamela.haack@wisconsin.gov.
Notice of Hearing
Insurance
NOTICE IS HEREBY GIVEN that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedures set forth under s.
227.18, Stats., the Office of the Commissioner of Insurance (OCI) will hold a public hearing to consider the adoption of a proposed rulemaking order revising sections
Ins 17.01 (3),
17.28 (3) (c) and
(6), Wis. Adm. Code, relating to fiscal year 2010 fund fees, provider classifications, and mediation panel fees and affecting small business.
Hearing Information
Date: March 2, 2009
Time: 10:00 a.m., or as soon thereafter as the matter may
be reached
