Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Contact Person
Dale Kleven (608) 266-8253.
Safety and Professional Services
(formerly Commerce)
Date of governor's approval: November 8, 2011.
Rule No.
Relating to
Fire prevention.
Description of the Objective of the Rule
The primary objective of this rulemaking project is to evaluate and update provisions of Wisconsin's
Fire Prevention Code, Chapter
Comm 14. This rulemaking update is intended to keep this Code consistent with dynamic, contemporary regional and national construction and fire prevention practices and standards.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Wisconsin's Fire Prevention Code primarily contains standards for the use, operation and maintenance of public buildings and places of employment. The current rules adopt and reference the 2009 edition of the National Fire Protection Association's NFPA® 1, Fire Code. The Fire Prevention Code also establishes duties and requirements for fire departments and municipalities that receive fire dues payments through the department.
The primary purpose of the rules under consideration is to protect public health, safety, and welfare. Periodic review and update of the rules is necessary to ensure that the rules still achieve that purpose. In addition, the review and update allows the opportunity to recognize and stay current with new construction and new fire prevention products and practices. The review and update process will include evaluation of the 2012 edition of NFPA 1.
The primary alternative would be to delay the rule-review process. This delay would reduce the public benefits that would otherwise occur by beginning this review now.
Statutory Authority
Estimate of the Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates approximately 500 hours will be needed to perform the review and develop any needed rule changes. This time includes drafting the changes – in consultation with the department's Comm 14 advisory council – and processing the changes through public hearings, legislative review, and adoption. The department plans to assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Description of all of the Entities that will be Affected by the Rule
This update of the
Fire Prevention Code may impact any entity, regardless of size, that owns or utilizes a public building or place of employment in Wisconsin, and may impact any fire department or municipality that participates in the fire dues distribution under sections
101.573 and
101.575 of the Statutes.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
An Internet-based search for “fire prevention" in the
Code of Federal Regulations identified the following existing federal regulations that potentially address fire prevention at places of employment in Wisconsin:
29 CFR 1910–Occupational Safety and Health Standards,
29 CFR 1926–Safety and Health Regulations for Construction,
30 CFR 56–Safety and Health Standards–Surface Metal and Nonmetal Mines,
30 CFR 57–Safety and Health Standards–Underground Metal and Nonmetal Mines,
33 CFR 127–Waterfront Facilities Handling Liquefied Natural Gas and Liquefied Hazardous Gas, and
41 CFR 102–Federal Management Regulation (for federally owned and leased buildings). Federal regulations addressing fire prevention for vehicles on public thoroughfares include
46 CFR 28–Requirements for Commercial Fishing Industry Vessels,
46 CFR 34–Firefighting Equipment (on tank vessels), and
46 CFR 76–Fire Protection Equipment (on passenger vessels).
An Internet-based search for “fire prevention" in the January 3 to September 7, 2011, issues of the
Federal Register did not identify any proposed federal regulations that address fire prevention at public buildings or places of employment in Wisconsin. Proposed federal regulations addressing fire prevention for vehicles on public thoroughfares include
46 CFR 142 and
143 (for inspection of towing vessels).
No changes to Comm 14 are expected to supersede the above federal requirements, so no comparison is made here to those requirements.
Safety and Professional Services — Physical Therapists Affiliated Credentialing Board
This scope statement was approved by the Physical Therapy Examining Board for publication on September 29, 2011 and by Governor Walker on November 8, 2011.
Rule No.
SPS # 165 – Revises Chapter
PT 7 — Unprofessional Conduct and Chapter
PT 8 — Biennial License Renewal.
Relating to
Standards of professional conduct by physical therapists and physical therapist assistants.
Description of the Objective of the Rule
Modernize the rules governing the standard of conduct for licensed physical therapists and physical therapy assistants and licensure renewal to reflect current trends in the profession and the passage of recent legislation.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Wis. Admin Code Chapter
PT 7, Unprofessional Conduct sets forth grounds for disciplinary actions against physical therapists and physical therapy assistants. The current rules became effective on May 4, 2004. The Physical Therapy Examining Board has undertaken a review of the current rules as a response to changes within the profession. One recent change was becoming an examining board, pursuant to
2009 Wisconsin Act 149. Another change was the American Physical Therapy Association's (APTA) revision of the Code of Ethics for Physical Therapist and Standards of Ethical Conduct for Physical Therapist Assistants which became effective in July of 2010.
The legislature fully purposed delegating rule making authority to the Physical Therapy Examining Board to establish ethical standards of conduct for physical therapists and physical therapist assistants in Wisconsin as seen by the passage of
2001 Wisconsin Act 70.
2001 Wisconsin Act 70, created Wis. Stat. §
448.527, which requires the Board to “promulgate rules establishing a code of ethics. . ." The Physical Therapy Examining Board's review of the current unprofessional conduct rules will not result in a significant policy change but rather a further clarification of the ethical goals the profession seeks to attain.
The Physical Therapy Examining Board also seeks to update the credential renewal date pursuant to
2009 Wisconsin Act 28. Wis. Admin Code §
PT 8.02 currently reflects a November 1
st credential renewal date. The proposed rule would amend the credential renewal date from November 1
st to March 1
st and all other references to the credential renewal date within the rules. This proposed rule as required by the 2009 legislation will not result in a change in policy.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Wis. Stat. §
15.08 (5) (b) states the parameters of the general powers of examining boards and councils. Specifically, the statute provides that an 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." The proposed rules will provide guidance related to professional standards of conduct and ethical practice within the physical therapy profession.
Wis. Stat. §
227.11 (2) (a) discusses the parameters of an agency's rule-making authority stating, an agency “may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if it exceeds the bounds of correct interpretation." Wis. Stat. §
227.01(1) defines agency as a board. The Physical Therapy Examining Board falls within this definition. Therefore, it may promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rules do not exceed proper interpretation of the statute.
Wis. Stat. §
440.035(1) grants to each examining board attached to the department of Safety and Professional Services the independent exercise of its rule-making authority. The section states, “each examining board or affiliated credentialing board attached to the department or an examining board shall: (1)
Independently exercise its powers, duties and functions prescribed by law with regard to rule-making, credentialing and regulation." The proposed rule is an independent use of the Board's rule-making authority as well as pursuant to a 2009 legislative act. In both instances, the Board is seeking to regulate the behavior of licensees within the profession by setting forth standards of unprofessional conduct and renewal requirements.
Wis. Stat. §
448.527 is an express grant of authority by the legislature to the Physical Therapy Examining Board to “. . . promulgate rules establishing a code of ethics governing the professional conduct of physical therapists and physical therapist assistants." The legislative intent is clearly stated and further evidenced by Wis. Stat. §
448.57(2) (f), which requires the Physical Therapy Examining Board to discipline a licensee when a licensee has, “engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s.
448.527."
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
It is estimated state employees may spend up to 150 hours in developing the proposed rules.
Description of all Entities that may be Impacted by the Rule
Entities that may be impacted by the rule include all currently licensed physical therapists and physical therapist assistants as well as applicants for licensure.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There are no comparable federal regulations directly related to the proposed rules.
Contact Person
Shancethea (Shawn) Leatherwood 608-261-4438.
Technical College System
This Statement of Scope was approved by the governor on November 7, 2011.
Rule No.
Relating to
Procurement.
Description of the Objective of the Rule
To establish policies and procedures under s.
38.04 (14) (a), Stats., relating to district employee and district board member travel and expenses, procurement and personnel, and to administratively interpret s.
38.12 (7), Stats., requiring district boards to establish written policies under these rules.
Amendment proposed to align the procurement policies and cost minimums for procurement requirements of the Wisconsin Technical College System with the policies and cost minimums established by the Legislature and the Governor for state agency procurements in
2011 Wisconsin Act 32.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
2011 Wisconsin Act 32 raised procurement cost minimums for various procurement requirements for state agencies in Ch.
16 Stats., and provided new procurement autonomy for the University of Wisconsin System under Chs.
16 and
36, Wis. Stats. The proposed rules changes would increase the procurement cost minimums in each of the following rule sections:
TCS 6.05 (2) (c) procurement cost minimums requiring competitive bids
TCS 6.05 (2) (f) procurement cost minimums requiring solicitation of written quotes
TCS 6.05 (2) (g) procurement cost minimums requiring procedures
TCS 6.05 (2) (j) procurement cost minimums requiring records be created and retained
The proposed changes are limited to increasing current procurement cost minimums of $10,000 to $25,000 and current procurement cost minimums of $25,000 to $50,000.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
38.04 Technical college system board; powers and duties.
(14) GENERAL DISTRICT POLICIES
(a) The board shall promulgate rules, applicable to all district boards, establishing general district policies and procedures on all of the following:
2. Procurement.
4. Contracts to provide services.
(b) The board may direct district boards to establish written policies relating to any matter not enumerated under par. (a).
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
Minimal.
Description of all Entities that may be Impacted by the Rule
The Wisconsin Technical College System Board and the 16 technical college districts within the Wisconsin Technical College System.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
None.
Contact Person
