Rule-Making Notices (Hearing Notices)

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.

Explanation of agency authority

The legislature, via. ss. 15.08 (5) (b), and 227.11 (2) (a), Stats., conferred upon the Medical Examining Board general power to promulgate rules for the guidance of the profession and to interpret the provisions of statutes it enforces. Section 448.40 (1), Stats., authorizes the Board to promulgate rules that carry out the purposes of the Medical Practices sub chapter. Wis. Admin. Code ch. Med 10 Unprofessional Conduct is administered by the Medical Examining Board; as such the Board has statutory authority to revise Wis. Admin. Code ch. Med 10 for the purpose of providing guidance within the profession.

Related statute or rule

Chapter Med 10.

Plain language analysis

This proposed rule seeks to modernize Wis. Admin Code Ch. Med 10 Unprofessional Conduct by overhauling the current version of the rules, adding language that specifically addresses new topic areas, delete outdated language of some provisions and augment others.

SECTION 1. amends the title of the authority provision.

SECTION 2. amends the rule by adopting an statement of intent that provides guidance on how the rules should be interpreted.

SECTION 3. repeals and recreates the definitions section adding several new terms.

SECTION 4. This section repeals the current definitions of unprofessional conduct.

SECTION 5. creates a new section defining unprofessional conduct.

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

There is no comparative existing or proposed federal rule.

Comparison with rules in adjacent states

The following comparisons are the result of various internet searches:

Illinois: The grounds for administering disciplinary actions against physicians in Illinois are set forth in 225 ILCS 60/ 22 (2012).PART 1285.200-1285.275 MEDICAL PRACTICE ACT OF 1987: Sections Listing The processes for administering the disciplinary proceedings are stated in the Illinois Code of Regulation Title 68: Professions and Occupations Chapter VII: Department of Financial and Professional Regulation Subchapter B: Professions and Occupations http://www.ilga.gov/commission/jcar/ admincode/068/06801285sections.html.

Iowa: Grounds for disciplining health care professionals in Iowa are codified in Iowa Code § 147.55 and through the Iowa Administrative Code 653-23.1(272C). http://www.legis. state.ia.us/aspx/ACODocs/DOCS/4-21-2010.653.23.pdf

Michigan: The grounds for disciplinary action against health care professionals in Michigan are codified in the Public Health Code, Public Act 368 of 1978 (2010 PA 101, MCL 333.16221. http://www.legislature.mi.gov/ (S(j4bg0h454voc1545vsgjncnx))/documents/mcl/pdf/mcl-333-16221.pdf.

Minnesota: The grounds for administering disciplinary action against physicians in Minnesota are stated in Minn. Stat. §147.091. https://www.revisor.mn.gov/data/revisor/ statute/2009/147/2009-147.091.pdf

Summary of factual data and analytical methodologies:

The Medical Examining Board approved a work group which was convened to gather information and consider unprofessional conduct rules from different states. The work group, over a series of board meetings, presented the full Medical Examining Board recommended language. The recommend language drafted by the work group was then considered by the full board. The work group also sought out input from stakeholders such as the Wisconsin Medical Society (WMS) and the Wisconsin Hospital Association (WHA). The full board compared and contrasted the work group language with language from WHA and WMS as well as recommended language from the Federation of State Medical Boards (FSMB). This collaboration resulted in a comprehensive review of the rules in their entirety. The board ensures the accuracy, integrity, objectivity and consistency of data were used in preparing the proposed rule and related analysis.

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

The department finds that this rule will have no effect on small business as small business is defined in s. 227.114 (1), Stats.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis are attached.

Initial Regulatory Flexibility Analysis or Summary

The department finds that this rule will have no effect on small business as small business is 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 ch. Med 10
3. Subject
Unprofessional Conduct
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 policy problem addressed by the proposed rule is removing outdated material from the current Wis. Admin Code s. Med 10. The current rules have not been reviewed in several years. The Board took this opportunity to modernize the rules by making significant changes to the content and form of the rule. Subsections were removed which made reference to outdated terminology. Content was added when it provided greater clarity to a principle that was already reflected in the rule.
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 was posted on the Department of Safety and Professional Services website and on the Wisconsin government website for 14 business days to solicit comments from the public. No businesses, business sectors, associations representing business local governmental units or individuals contacted the department about the proposed 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)
None.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The primary benefit of implementing the rule is it will provide health care practitioners greater guidance on standards of professional conduct within their profession. The changes should also create more effective enforcement of violations of unprofessional conduct.
14. Long Range Implications of Implementing the Rule
The long range implications of implementing the rule includes impacting the conduct of individual practitioners so as to raise the level of awareness of ethical practice within the medical profession resulting in greater compliance with ethical standards.
15. Compare With Approaches Being Used by Federal Government
There are no comparable approaches being used by the Federal Government.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Illinois: The grounds for administering disciplinary actions against physicians in Illinois are set forth in 225 ILCS 60/ 22 (2012). The processes for administering the disciplinary proceedings are stated in the Illinois Code of Regulation Title 68: Professions and Occupations Chapter VII: Department of Financial and Professional Regulation Subchapter B: Professions and Occupations PART 1285.200-1285.275 MEDICAL PRACTICE ACT OF 1987: Sections Listing Iowa: Grounds for disciplining health care professionals in Iowa are codified in Iowa Code § 147.55 and through the Iowa Administrative Code 653-23.1(272C). http://www.legis.state.ia.us/aspx/ACODocs/DOCS/4-21-2010.653.23.pdf Michigan: The grounds for disciplinary action against health care professionals in Michigan are codified in the Public Health Code, Public Act 368 of 1978 (2010 PA 101, MCL 333.16221. http://www.legislature.mi.gov/(S(j4bg0h454voc1545vsgjncnx))/documents/mcl/pdf/mcl-333-16221.pdf Minnesota: The grounds for administering disciplinary action against physicians in Minnesota are stated in Minn. Stat. §147.091. https://www.revisor.mn.gov/data/revisor/statute/2009/147/2009-147.091.pdf
17. Contact Name				18. Contact Phone Number

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

Notice of Hearing

Safety and Professional Services—
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board

rulemaking_notices CR 13-009 CR 13-009

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss. 15.08 (5) (b) and 457.03 (1), Wis. Stats., and interpreting ss. 457.12, 457.13, 457.14, 457.15, 457.16, and 457.22, Wis. Stats., the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal and recreate ss. MPSW 10.01(6) and MPSW 14.01 relating to education.

Hearing Information

Date:   Tuesday, February 26, 2013

Time:   1:00 p.m.

Location:   1400 East Washington Avenue
  Room 121A
  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 Sharon Henes, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 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 February 26, 2013 at 1:00 p.m. to be included in the record of rule-making proceedings.

Copies of Rule