Related statute or rule
Plain language analysis
The proposed rule will address two issues: license holders having to reapply for a temporary license half way through their post graduate training and the requirements for licensees seeking first time renewal. By changing the duration of the temporary license from 1 year to 2 years, the proposed rule eliminates the need for temporary licensees to reapply for licensure while they are completing their post graduate training. As to the second issue, the proposed rule allows first time renewal applicants to use proof of graduation from a school of podiatric medicine to comply with the 50 requisite continuing education hours currently required by rule. This alleviates the burden on new licensees who's first time renewal occurs towards the end of a renewal period.
SECTION 1. amends the provision governing the duration of temporary licensure changing the requirement from1 year to 2 years.
SECTION 2. creates a provision for accepting proof that the podiatrist graduated from a school of podiatric medicine.
SECTION 3. creates a provision accepting a certified copy of an official transcript or a certified copy of a diploma from a school of podiatric medicine and surgery to verify, when audited, compliance with the continuing education requirement.
Summary of, and comparison with, existing or proposed federal regulation
None.
Comparison with rules in adjacent states
Illinois: A temporary license is valid for one year. 68 Ill. Adm. Code 1360.65(b) (2012) A renewal applicant is not required to comply with continuing education requirements for his/her first renewal. 68 Ill. Adm. Code 1360.70(a)(3) (2012)
Iowa: A temporary license is valid for one year. 645 IAC 220.6(149)(1) (2012)
First time licensees are not required to complete continuing education requirements for their first renewal period. 645 IAC 222.2(149,272C)(2) (2012)
Michigan: There is no language stating the duration for a temporary license. MICH. ADMIN. CODE R 338.8109 (2012) The Administrative code is silent with regards to the continuing education requirements for a first renewal. MICH. ADMIN. CODE R 338.3703 (2012)
Minnesota: A temporary permit is valid for 12 months, starting on the first day of graduate training. Minn. R. 6900.0160 Subp. 2. (2011) The continuing education requirement for a first renewal is not entirely waived, but rather the hours are prorated according to how long the applicant has had his/her license. Minn. R. 6900.0300 Subp.1a. (2011)
Summary of factual data and analytical methodologies
The Podiatrists Affiliated Credentialing Board reviewed the pertinent rules and determined that s.
Pod 1.08 (5) should be revised to address the issue of podiatric temporary license holders reapplying for a temporary license half way through their required 2-year post graduate training. The issue is resolved by these proposed rules by changing the duration of temporary licensure from1 year to 2 years. There was also a need to resolve the issue of licensees who are first time renewals seeking to fulfill their 50 hours of continuing education. These proposed rules will allow applicants, in the first year of their renewal period, to satisfy the continuing education requirement with approved verified documentary evidence of graduation from a school of podiatric medicine and surgery such as a verified copy of the diploma conferring the degree of doctor of podiatric medicine. The Board ensures the accuracy, integrity, objectivity and consistency of the data 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 report
This rule has no impact on small business.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal Estimate and EIA
The Fiscal Estimate and Economic Impact Analysis are attached.
Effect on Small Business
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
jeffrey.weigand@wisconsin.gov, or by calling (608) 267-9794.
Agency Contact Person
Shawn Leatherwood, Department of Safety and Professional Services, 1400 East Washington Avenue, Room 116, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0495; email at
shancethea.leatherwood@ wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
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Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
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ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
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1. Type of Estimate and Analysis
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X Original
⍽ Updated
⍽ Corrected
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2. Administrative Rule Chapter, Title and Number
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Sections Pod 1.08 (5), Pod 3.02 (4), Pod 3.03 (3)
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3. Subject
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Temporary licenses and continuing education
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4. Fund Sources Affected
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5. Chapter 20, Stats. Appropriations Affected
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⍽ GPR
⍽ FED X PRO ⍽ PRS
⍽ SEG ⍽ SEG-S
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6. Fiscal Effect of Implementing the Rule
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⍽ No Fiscal Effect
⍽ Indeterminate
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⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
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X Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Cost
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7. The Rule Will Impact the Following (Check All That Apply)
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⍽ State's Economy
⍽ Local Government Units
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⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
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8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes
X No
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9. Policy Problem Addressed by the Rule
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The Podiatry Affiliated Credentialing Board reviewed the pertinent rules and determined that s. Pod 1.08 (5) should be revised to address the issue of podiatric temporary license holders having to reapply for a temporary license half way through their required 2-year post graduate training. The issue is resolved by these proposed rules by changing the duration of temporary licensure from 1 year to 2 years. There was also a need to resolve the issue of new licensees undertaking their first renewal. The problem was new licensees would not have enough time to fulfill their 50 hours of continuing education if they had received their license towards the end of the renewal period. These proposed rules will allow new licensees to satisfy the continuing education requirement by providing approved verified documentary evidence of graduation from a school of podiatric medicine and surgery such as a verified copy of the diploma conferring the degree of doctorate of podiatric medicine.
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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.
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N/A
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11. Identify the local governmental units that participated in the development of this EIA.
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No local governmental units participated in the development of this EIA.
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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)
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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.
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13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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Pursuant to Wis. Stat. s. 448.63, persons seeking licensure as a podiatrists in Wisconsin must complete 2 years of post graduate training. A temporary educational license allows individuals currently participating in postgraduate training to practice podiatric medicine. However, per Wis. Admin. Code section POD 1.08 (5), a temporary educational license is only one year. By changing the duration of the temporary educational license from 1 year to 2 years, applicants would be allowed to complete the required post graduate training without interruption of licensure.
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14. Long Range Implications of Implementing the Rule
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There are no long range implications of implementing this rule.
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15. Compare With Approaches Being Used by Federal Government
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There are no comparable federal rules specifically regarding temporary licenses and continuing education requirements.
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16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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Illinois:
A temporary license is valid for one year. 68 Ill. Adm. Code 1360.65(b) (2012) A renewal applicant is not required to comply with continuing education requirements for his/her first renewal. 68 Ill. Adm. Code 1360.70(a)(3) (2012)
Iowa:
A temporary license is valid for one year. 645 IAC 220.6(149)(1) (2012)
First time licensees are not required to complete continuing education requirements for their first renewal period. 645 IAC 222.2(149,272C)(2) (2012)
Michigan:
There is no language stating the duration for a temporary license. MICH. ADMIN. CODE R 338.8109 (2012) The Administrative code is silent with regards to the continuing education requirements for a first renewal. MICH. ADMIN. CODE R 338.3703 (2012)
Minnesota:
A temporary permit is valid for 12 months, starting on the first day of graduate training. Minn. R. 6900.0160 Subp. 2. (2011) The continuing education requirement for a first renewal is not entirely waived, but rather the hours are prorated according to how long the applicant has had his/her license. Minn. R. 6900.0300 Subp.1a. (2011)
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17. Contact Name
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18. Contact Phone Number
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Shawn Leatherwood
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608-261-4438
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Notice of Hearing
Technical College System Board
NOTICE IS HEREBY GIVEN that pursuant to s.
38.04, Stats., and interpreting s.
38.04 (10), Stats., the Wisconsin Technical College System Board will hold a public hearing to consider revision of rules to amend Chapter
TCS 5, relating to Facility Development Procedures.
Hearing Information
Date: Thursday, August 1, 2013
Time: 10:00 a.m.
Location: Wisconsin Technical College System Office
4622 University Avenue, Board Room
Madison, WI
It is the policy of the Wisconsin Technical College System Board (WTCSB) to provide accommodations to persons with disabilities, which may affect their ability to access or participate in WTCS activities. Persons may request assistance or reasonable accommodations for the schedule public hearing by contacting Jim Zylstra at (608) 266-1739.
Place where Comments Are to be Submitted and Deadline for Submission
Comments will be accepted by the agency contact person listed above until 4:00 p.m. on August 1, 2013. People submitting comments will not receive individual responses.
Analysis Prepared by the Wisconsin Technical College System Board
Statutes interpreted
Statutory authority
Explanation of agency authority
Wis. Stats. s.
38.04 (10) states that the technical college system board shall review and approve any proposals by district boards for land acquisition, additional or new facilities, rentals or remodeling of existing facilities.
Related statute or rule
Plain language analysis
The Wisconsin Technical College System (WTCS) recently reviewed the Facility Development Procedures contained in Chapter
TCS 5 of the Wis. Admin. Code to ensure that the process is efficient for both the System and its colleges while maintaining a high quality process that supports the statutory responsibilities of the WTCS Board. The proposed modifications to the code will eliminate redundancy within the process, steps that are no longer required, information that is already available to the WTCS, and information that is not available at the time of facility approval. In addition, the definitions of both minor remodeling and minor rentals have not been updated since the 1980's and the proposed modifications take into account inflation, more closely aligns rentals to other procurement standards, and allows the WTCS to focus on larger more complicated projects.
Summary of, and comparison with, existing or proposed federal regulations
There are no federal rules regarding technical college facility development procedures.
Comparison with rules in adjacent states
Not applicable.
Summary of factual data and analytical methodologies
Not applicable.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report
Not applicable.
Effect on Small Business
None.
Agency Contact Person
James Zylstra, Executive Vice President, Wisconsin Technical College System, 4622 University Avenue, P.O. Box 7874, Madison, Wisconsin 53707-7874, telephone (608) 266-1739, e-mail
james.zylstra@wtcsystem.edu.
Text of Rule
SECTION 1. TCS 5.04 (1) (b), (1) (e) (2) and (4), (2) (b), (2) (d) (3) and (5), (2) (j), (2) (k), (3) (b), (3) (d) (2) and (4), (4) (b), (4) (d) (2) and (4), (4) (i), and (4) (j) are amended to read:
TCS 5.04 Contents of submittal. (1) LAND ACQUISITION. A district board shall submit the following information relative to proposals for land acquisition for evaluation by the board:
(a) A resolution of the district board approving the land acquisition contingent upon board approval.
(b) A resolution of the district board requesting board approval for land acquisition.
(c) Evidence of compliance with s.
1.11, Stats.
(d) A copy of a certified land survey indicating the boundaries and legal description of the land to be acquired.
(e) A report relating programmatic and student requirements, and the needs of business and industry, to the need for land acquisition. The report shall include data indicating the need for land acquisition based upon:
1. An analysis of the needs of business and industry for persons with new skills and persons with updated skills.
2. An analysis of changing and emerging technologies within the district.
3. An analysis of available student stations, and the need for additional student stations, including consideration of the needs of persons with handicaps.
4. Relevant Eenrollment trends for the district., including placement data for all program areas and the program area to be expanded.
(f) A statement of the costs to be incurred for the land acquisition, including survey and legal fees.
(g) A statement indicating the availability and specific source of funds for the land acquisition.
(2) ADDITIONAL AND NEW FACILITIES. A district board shall submit the following information relative to proposal for additional or new facilities for evaluation by the board:
(a) A resolution of the district board approving the additional or new facilities.
(b) A resolution of the district board requesting board approval for additional or new facilities.
(c) Evidence of compliance with s.
1.11, Stats.
(d) A report relating programmatic and student station requirements, and the needs of business and industry, to the need for additional or new facilities. The report shall include data indicating the need for additional or new facilities based upon:
1. An analysis that considers the joint use of facilities as required under s.
20.901 (4), Stats.
2. An analysis of needs of business and industry for persons with new skills and persons with updated skills.
3. An analysis of changing and emerging technologies within the district.
4. An analysis of available student stations, and the need for additional student stations, including a consideration of the needs of persons with handicaps.
5. Relevant Eenrollment trends for the district., including placement data for all program areas and the program area to be expanded.
(e) Educational specifications relating specific space requirements for approved programs to the need for additional or new facilities.
(f) An analysis of the fiscal impact of additional or new facilities on the district's operating budget, including availability and specific source of funds as required under s.
TCS 5.05.
(g) A conceptual sketch of the proposed additional or new facilities.
(h) The estimated project cost by the following categories:
1. General construction
2. Heating, ventilating and air-conditioning
