Rule-Making Notices (Hearing Notices)

These rule changes were developed with the assistance of the Bureaus of Endangered Resources, Science Services, Wildlife Management, and Legal Services.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report

Pursuant to s. 227.137, Wis. Stats., the department is required to solicit comments on the economic impact of proposed rule. Small businesses, as defined in s. 227.114(1), Wis. Stats., are asked to identify themselves as a small business in their comments. Following the public comment period for the EIA, a revised "Fiscal Analysis and Economic Impact Analysis" will be prepared containing relevant information that the department receives. Once the EIA process is completed, the department will submit the rule package and economic impact analysis to the Wisconsin Legislative Council under s. 227.15, W is. Stats., and hearings on the proposed rule will be held by the department after proper notice in accordance with ss. 227.17 and 227.18, Wis. Stats. If the EIA indicates that the proposed rule is reasonably expected to have a total impact of $20,000,000 in implementation and compliance costs, the department shall submit the rule to the Department of Administration in accordance with s. 227.137(6), Wis. Stats.

A small business regulatory flexibility analysis that contains the following provisions in s. 227.19(3)(e), Stats., will be included in the final rule order:

1.   The agency's reason for including or failing to include in the proposed rule a ny of the methods specified under s. 227.114 (2) for reducing its impact on small businesses.

2.   A summary of issues raised by small businesses during the hearings on the proposed rule, any changes in the proposed rule as a result of alternatives suggested by small businesses and the reasons for rejecting any alternatives suggested by small businesses.

3.   The nature of any reports and the estimated cost of their preparation by small businesses that must comply with the rule.

4.   The nature and estimated cost of other measures and investments that will be required of small businesses in complying with the rule.

5.   The additional cost, if any, to the agency of administering or enforcing a rule which includes any of the methods specified under s. 227.114 (2).

6.   The impact on public health, safety and welfare, if any, caused by including in the rule any of the methods specified under s. 227.114 (2).

The Department's email distribution list used to solicit comments includes small businesses and small business associations. The distribution list will be sub mitted to the Governor's Office of Regulatory Compliance.

Effect on Small Business

Affected constituencies include agricultural and forestry industries, commercial and development businesses, natural resources consultants, utilities, road builders and wildlife rehabilitators.

Most often the public and small businesses become aware of the endangered species law through one of DNR's permitting processes. W isconsin's endangered species law is implemented by the department in that any activity that the department conducts, funds or approves must consider impacts to listed species (s.29.604 Wis. Stats.). Both endangered and threatened species have the sa me level of legal protection. Under Wisconsin's law listed animals are protected on all public and private land. Plants are only protected on public land and agricultural, forestry, and utility activities are exempt from this protection (s. 29.604 Wis. Stats.)

In most instances, a permit applicant provides a description of the proposed project. Department staff perform an endangered resources review utilizing the Natural Heritage Inventory database to determine if 1) there is a listed species that may be present, and if 2) the project area has suitable habitat for that species. If either of these criteria are not present the applicant is informed that there is no potential impact and the project proceeds. Over 2/3 of projects fall into this category.

If both the species is known to be in the area and there is suitable habitat on the project site, the department works with the applicant to see if impacts to a listed species may be avoided through seasonal adjustments, temporary removals or barriers. If it can, the project proceeds. If impacts can't be avoided, an incidental take permit is issued to the applicant that allows take of the species. State law requires that all projects under an incidental take per mit must minimize and mitigate these impacts. (s.29.604 Wis. Stats.). When the minimization and mitigation measures are in place, the permit is publicly noticed the project may proceed. Very few projects require an incidental take permit, typically fewer than 20 a year are issued.

The species being proposed for removal from the endangered and threatened species list have a total of 1055 records in the NHI database which is used for conducting an endangered resources review. There are a total of 217 records in the NHI database for the species being proposed for addition.

Pursuant to ss. 227.114 and 227.137, Wis. Stats., it is not anticipated that the proposed rules will have an economic impact on small businesses. The Department conducted an economic impact analysis in consultation with businesses, business associations, local governmental units, and individuals. The Department determined that this rule would not adversely affect in a material way the economy, a sector of the economy, productivity, jobs, or the overall economic competitiveness of this state.

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

A Copy of any Comments and Opinion Prepared by the Board of Veterans Affairs under S. 45.03 (2m), Stats., for Rules Proposed by the Department of Veterans Affairs

Not applicable

Environmental Impact

This action is a type II action under Chapter NR 150, Wis. Adm. Code, thus requiring an Environmental Assessment. The Environmental Assessment is available with the proposed rule and supporting documents and may be reviewed and comments electronically submitted at the following internet site: http://adminrules.wisconsin.gov. A copy of the documents may also be obtained from Madeline Emde, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707 or [e-mail].

The Department has also made a preliminary determination that this action is not a major and significant action under s 1.11, Wis. Stat., and therefore does not require the Environmental Impact Statement process.

Agency Contact Person

Erin Crain, Department of Natural Resources, Endangered Resources – ER/6, P.O. Box 7921, Madison, WI 53707-792; Telephone: [phone]; Email: Erin.Crain@ wisconsin.gov.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Chapter NR 27, Wisconsin's List of Endangered/Threatened Species NR 27.03 (2) and (3).
3. Subject
Revisions to NR 27.03 list of Endangered/Threatened Species [Board Order ER-27-11] to add 8 animals and remove 16 plants and animals, and to update 20 scientific names.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect X Indeterminate	⍽ Increase Existing Revenues X Decrease Existing Revenues		⍽ Increase Costs X Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy X Local Government Units		X Specific Businesses/Sectors ⍽ Public Utility Rate Payers X Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
State statute, s. 29.604 (3) (b) Wis. Stats., gives the DNR the authority to periodically review and, after public hearing, to revise the Endangered and Threatened species (E/T) list. Updating the E/T list to focus conservation efforts and avoidance/minimization measures on WI's most at risk species will ultimately save money. All actions that the Department conducts, funds or approves on public or private lands must be screened for potential impacts to rare species. Most often the public and small businesses become aware of the endangered species law through one of DNR's permitting processes. Wisconsin's endangered species law is implemented by the department in that any activity that the department conducts, funds or approves must consider impacts to listed species (s.29.604 Wis. Stats.). Both endangered and threatened species have the same level of legal protection. Under Wisconsin's law listed animals are protected on all public and private land. Plants are only protected on public land and agricultural, forestry, and utility activities are exempt from this protection (s. 29.604 Wis. Stats.). Endangered Resources Screening relies on Natural Heritage Inventory (NHI) data for records of rare species occurrences. The number of NHI records for species proposed for addition to the E/T list is far fewer than the number of records for species proposed for delisting – eight species are proposed for listing (with a total of 217 NHI occurrences) versus 16 species proposed for delisting (with a total of 1055 NHI occurrences). Reducing the number of E/T species records will lessen regulatory impacts to businesses and individuals.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Groups likely to be impacted or interested in the issue include the conservation community, project applicants through the environmental review process, and the general public. Affected constituencies include agricultural and forestry industries, commercial and development businesses, natural resources consultants, utilities, road builders and wildlife rehabilitators.
11. Identify the local governmental units that participated in the development of this EIA.
Pursuant to s. 227-137 Wis. Stats., the department was required to solicit comments on the economic impact of the proposed rule, and if requested to coordinate with local governments in the preparation of an Economic Impact Analysis (EIA). The notice to solicit comments was sent to the county and town associations in the state. Comments were collected between 9/24/2012 and 10/24/2012. A total of 18 comments were received; 8 were economic comments that were incorporated into the EIA. No local governments submitted comments or requested we coordinate with them in the preparation of the EIA.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The economic cost of listing and delisting a species is highly dependant on its range and distribution, seasonal occurrence, habitat requirements, management needs, sensitivity to disturbance, etc. Effects of listing/delisting will be highly variable among different types of businesses and their locations and hard to predict, however the overall economic impact of the proposed revisions will be reduced because of the location and number of NHI records. The 16 species being proposed for removal from the endangered and threatened species list have a total of 1055 records in the NHI database which is used for conducting an endangered resources review. There are a total of 217 records in the NHI database for the eight species being proposed for addition.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Updating the E/T list to focus conservation efforts and avoidance/minimization measures on WI's most at risk species will ultimately save money. All actions that the Department conducts, funds or approves on public or private lands must be screened for potential impacts to rare species. Endangered Resources Screening relies on NHI data for records of rare species occurrences. The number of NHI records for species proposed for addition to the E/T list is far fewer than the number of records for species proposed for delisting – eight species are proposed for listing (with a total of 217 NHI occurrences) versus 16 species proposed for delisting (with a total of 1055 NHI occurrences). Reducing the number of E/T species records will lessen regulatory impacts to businesses and individuals.
14. Long Range Implications of Implementing the Rule
The primary short-term and long-term effects of this revision are to provide greater protection for those plants and animals that are critically rare in Wisconsin and will likely be lost or undergo severe population declines if not granted protection, by focusing conservation efforts and avoidance/minimization measures on the most at risk species. As the endangered species law (s. 29.415, Stats.) is already in effect, there will be no change in Department policy regarding means to conserve these species. The removal and addition of species to the list will likely require increased consultation with Department staff during environmental assessments and reviews. Enforcement requirements will not be significantly increased.
15. Compare With Approaches Being Used by Federal Government
The United States Fish and Wildlife Service maintains the list of Federal endangered and threatened species. The Kirtland's Warbler (Dendroica (=Setophaga) kirtlandii) is the only Federally Listed species that is being proposed for state listing in Wisconsin under this proposal.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Minnesota, Illinois, Iowa, and Michigan all have an endangered species law and maintain a state list of endangered and threatened plants and animals. Sixteen of the 24 species being proposed for addition or removal from the list are listed or are being considered for listing in a neighboring state.
17. Contact Name				18. Contact Phone Number
Erin Crain				608/267-747

This document can be made available in alternate formats to individuals with disabilities upon request.

ATTACHMENT A

1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)

[Detailed EIA report attached] (In original. Not printed in Register. See Availability of Rules section of this notice.)

2. Summary of the data sources used to measure the Rule's impact on Small Businesses

Bureau of Endangered Resources staff; WDNR's Economist; and from the public comments received during the EIA comment period.

3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?

⍽ Less Stringent Compliance or Reporting Requirements ⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting ⍽ Consolidation or Simplification of Reporting Requirements ⍽ Establishment of performance standards in lieu of Design or Operational Standards ⍽ Exemption of Small Businesses from some or all requirements X Other, describe: Because this rule does not create new regulatory requirements of small businesses, the proposed rules will not have a significant economic impact on a substantial number of small businesses.

4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses

Most often the public and small businesses become aware of the endangered species law through one of DNR's permitting processes. Wisconsin's endangered species law is implemented by the department in that any activity that the department conducts, funds or approves must consider impacts to listed species (s.29.604 Wis. Stats.). Both endangered and threatened species have the same level of legal protection. Under Wisconsin's law listed animals are protected on all public and private land. Plants are only protected on public land and agricultural, forestry, and utility activities are exempt from this protection (s. 29.604 Wis. Stats.). In most instances, a permit applicant provides a description of the proposed project. Department staff perform an endangered resources review utilizing the NHI database to determine if 1) there is a listed species that may be present, and if 2) the project area has suitable habitat for that species. If either of these criteria are not present the applicant is informed that there is no potential impact and the project proceeds. Over 2/3 of projects fall into this category. If both the species is known to be in the area and there is suitable habitat on the project site, the department works with the applicant to see if impacts to a listed species may be avoided through seasonal adjustments, temporary removals or barriers. If it can, the project proceeds. If impacts can't be avoided, an incidental take permit is issued to the applicant that allows take of the species. State law requires that all projects under an incidental take permit must minimize and mitigate these impacts. (s.29.604 Wis. Stats.). When the minimization and mitigation measures are in place, the permit is publicly noticed the project may proceed. Very few projects require an incidental take permit, typically fewer than 20 a year are issued. The department has also created several broad incidental take permits to provide blanket incidental take coverage for routine activities. A broad incidental take permit, unlike an individual incidental take permit, does not require an application, processing time or a fee. The most recent broad incidental take permits cover grassland management and cave bats. The removal and addition of species to the list will likely require increased consultation with Department staff during environmental assessments and reviews.

5. Describe the Rule's Enforcement Provisions

Enforcement and administration programs for rules and permits are already in place. No changes are expected in rule enforcement costs or the costs of issuing permits for endangered and threatened species. Increases can be expected in the amount of time required to administer the resulting list of endangered and threatened species, but costs are expected to be absorbed within existing DNR budgets. Management and protection costs will increase with the addition of new species to the list and decrease with removals; given the number of species and records of occurrences, it is expected that costs will decrease.

6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)

⍽ Yes X No

Notice of Hearing

Safety and Professional Services—
Physical Therapy Examining Board

rulemaking_notices CR 13-007 CR 13-007

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Physical Therapy Examining Board in ss. 15.08 (5) (b), 227.11 (2) (a), 440.035 (1), 448.527 and 448.57, Stats., and interpreting ss. 448.527 and 448.57, Stats., the Physical Therapy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend ss. PT 7.01 (title) and 8.02; to repeal and recreate s. PT 7.02; and to create ss. PT 7.01 (1) and 7.025 relating to unprofessional conduct and biennial renewal date.

Hearing Information

Date:   Thursday, March 7, 2013

Time:   9:30 a.m.

Location:   1400 East Washington Avenue
  Room 121
  Madison, WI

Appearances at the Hearing

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 the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Shawn Leatherwood Department of Safety and Professional Services, Division of Policy and Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708-8935, or by email to [e-mail]. Comments must be received at or before the public hearing to be held on March 7, 2013to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Shawn Leatherwood, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at [e-mail].

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Sections 448.527 and 448.57, Stats.

Statutory authority

Sections 15.08 (5) (b), 227.11 (2) (a), 440.035 (1), 448.527, 448.57, Stats.

Explanation of agency authority

Examining boards are generally empowered by the legislature pursuant to ss. 15.08 (5) (b), 227.11 (2) (a), and 440.035 (1), Stats. to promulgate rules that govern their profession. The Physical Therapy Examining Board has been specifically empowered by ss. 448.527 and 448.57, Stats., to promulgate rules concerning standards of unprofessional conduct that govern licensees within the profession. Therefore, the Physical Therapy Examining Board is authorized both generally and specifically to promulgate these proposed rules.

Related statute or rule

Wisconsin Administrative Code chs. PT 7 and PT 8.

Plain language analysis

2009 Wis. Act 149 transformed the Physical Therapy Affiliated Credentialing Board into the Physical Therapy Examining Board. The newly formed examining board decided to review their unprofessional conduct rules. The Board also decided to take this opportunity to bring the current unprofessional conduct rules in line with the American Physical Therapist Association (APTA) “Code of Ethics". The APTA passed a revised “Code of Ethics" in June of 2010 which became effective in July of 2010. The “Code of Ethics" discussed the core values of the physical therapy profession. The core values include accountability, altruism, compassion, excellence, integrity and professional duty and responsibility. The proposed rules seek to encapsulate these principals and modernize the unprofessional conduct standards at the same time.

Summary of, and comparison with, existing or proposed federal regulation

None.

Comparison with rules in adjacent states

Illinois: Illinois sets forth its grounds for unprofessional conduct Ill Admin. Code tit. 68 §1340.65 (2012) and incorporates by reference the June of 2000 APTA “Code of Ethics".

Iowa: Iowa sets forth a code of ethics for physical therapist and physical therapist assistants. The code of ethics details what a licensed Physical therapist or physical therapist assistant must do in order to practice within minimally competent parameters. Iowa Admin. Code r. 645-201.1 (148A.272 C)(2012) Iowa also sets forth its grounds for discipline in which it identifies acts that will result in disciplinary sanctions. Iowa Admin. Code 645.202.2 (272C) (2012)

Michigan: Michigan does not incorporate a code of ethics or maintain grounds for unprofessional conduct with regards to the practice of physical therapy. Michigan does, however, have provisions regarding prohibited conduct under Mich. Admin. Code 3338.7124 (2012)

Minnesota: Similar to Iowa, Minnesota sets forth its grounds for disciplinary action in Minn. Stat. 148.75 (2011) and a Code of Ethical Practice in Minn. R. 5601.3200(2012) Any violation of the Code of Ethical Practice is also grounds for disciplinary action. Minnesota also incorporates the APTA's Code of Ethics as an aide to interpreting its Code of Ethical Practice.

Summary of factual data and analytical methodologies

The Board ensures the accuracy, integrity, objectivity and consistency of data that was used in preparing the proposed rule and related analysis. No additional factual data or analytical methodology was used in drafting these proposed rules other than the Board's review of the rule for the purpose of modernization.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

This proposed rule will not have an impact on small business as defined in s. 227.114 (1), Stats.

Fiscal estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Initial Regulatory Flexibility Analysis or Summary

This proposed rule will not have an impact on small business as defined in s. 227.114 (1), Stats.

Agency Contact Person

Shawn Leatherwood, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽Corrected
2. Administrative Rule Chapter, Title and Number
Wis. Admin. Code Chs. PT 7 & PT 8
3. Subject
Standards of professional conduct and biennial license renewal
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
The proposed rule seeks to modernize the unprofessional conduct standards and correct the current biennial renewal date reflected in Wis. Admin. Code s. PT 8. Prompted by the American Physical Therapist Association (APTA) revision of its “Code of Ethics" the Physical Therapy Examining Board decided to review its unprofessional conduct rules. The APTA's Code of Ethics, which became effective in July of 2010, discussed the core values of the physical therapy profession including accountability, altruism, compassion, excellence, integrity, professional duty and responsibility. These are the principles the profession aspires to uphold. The Board sought to codify these principles within the unprofessional conduct standards as mandated by in s. 448.527, Stats.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
This proposed rule will primarily affect licensed physical therapists and physical therapist assistants. The rule was posted on the Department of Safety and Professional Services website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from the public regarding the rule.
11. Identify the local governmental units that participated in the development of this EIA.
No local governmental units participated in the development of this EIA.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
This rule will have no economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the State's economy as a whole.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The main benefit of implementing the proposed rule is bringing relevant Wis. Admin. Code into conformity with recent changes within the profession. Another benefit is changing the necessary language in Wis. Admin. Code Ch. PT 8 to reflect the correct biennial renewal date. The alternative to implementing the proposed rule is allowing the current Wis. Admin. Code PT 7 and PT 8 to remain outdated.
14. Long Range Implications of Implementing the Rule
Providing greater guidance to licensed physical therapists and physical therapist assistants regarding maintaining the ethical standards within their profession.
15. Compare With Approaches Being Used by Federal Government
N/A
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Iowa Iowa sets forth a code of ethics for physical therapist and physical therapist assistants. The code of ethics details what a licensed physical therapist or physical therapist assistants must do in order to practice within minimally competent parameters. Iowa Admin. Code r. 645-201.1 (148A.272 C)(2012) Iowa also sets forth its grounds for discipline in which it identifies acts that will result in disciplinary sanctions. Iowa Admin. Code 645.202.2 (272C) (2012 Illinois Illinois sets forth its grounds for unprofessional conduct Ill Admin. Code tit. 68 §1340.65 (2012) and incorporates by reference the June of 2000 APTA's “Code of Ethics". Minnesota Similar to Iowa, Minnesota sets forth its grounds for disciplinary action in Minn. Stat. 148.75 (2011) and a Code of Ethical Practice in Minn. R. 5601.3200(2012). Any violation of the Code of Ethical Practice is also grounds for disciplinary action. Minnesota also incorporates the APTA's Code of Ethics as an aide to interpreting its Code of Ethical Practice. Michigan Michigan does not incorporate a code of ethics or maintain grounds for unprofessional conduct with regards to the practice of physical therapy. Michigan does, however, have provisions regarding prohibited conduct under Mich. Admin. Code 3338.7124 (2012)
17. Contact Name				18. Contact Phone Number
Shawn Leatherwood				608-261-4438

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Safety and Professional Services—
Medical Examining Board

rulemaking_notices CR 13-008 CR 13-008

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Medical Examining Board in s. 15.08 (5) (b), 227.11 (2) (a), and 448.40 (1), Stats., and interpreting s. 448.40 (1), Stats., the Medical Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal s. Med 10.02 (2); to amend Med 10.01 (1) (title); to repeal and recreate 10.02 (1); and to create Med 10.01 (1) and 10.03 (title), relating to unprofessional conduct.

Hearing Information

Date:   Wednesday, March 20, 2013

Time:   9:00 a.m.

Location:   1400 East Washington Avenue
  Room 121
  Madison, WI

Appearances at the Hearing

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 the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Place Where Comments Are to be Submitted and Deadline for Submission

Comments may be submitted to Shawn Leatherwood Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to [e-mail]. Comments must be received at or before the public hearing to be held on March 20, 2013 to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Shawn Leatherwood, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at [e-mail].

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Section 448.40 (1), Stats.

Statutory authority

Sections 15.08 (5) (b), 227.11 (2) (a), and 448.40 (1), Stats.