Finding/Nature of Emergency (Emergency Rule Only)
None.
Detailed Description of the Objective of the Proposed Rule
The rule is intended to comply with the legislative directive in Wis. Stat. s.
448.695 that the Podiatry Affiliated Credentialing Board, “shall promulgate rules specifying the requirements for a course of instruction related to X-ray examinations by persons under the direct supervision of a podiatrist under s. 462 (2) (f)."
Generally, persons who practice radiography are required to be credentialed by the Radiography Examining Board. Wis. Stat. s.
462.02 (1). An exception exists for uncredentialed persons who practice under the direct supervision of a podiatrist. Wis. Stat. s.
462.02 (2) (f). The proposed rule is intended to specify education requirements for these unlicensed delegates that provide for patient safety, without unduly burdening the unlicensed delegate or the podiatrist/employer.
Additionally, the proposed rule will define “direct supervision" and any other terms, as yet unidentified, which become apparent during the process, and which the Board deems necessary to comply with s.
448.695.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
In
2009 Wisconsin Act 106, the legislature determined that persons who engage in the practice of radiography should be regulated. The purpose of professional regulation is primarily to remove unacceptable risks of harm to patients under the care of licensees.
Radiographers use radioactivity in the diagnostic process. Radioactivity, at certain levels or with repeat imaging, creates a risk of harm to patients. In the hands of unqualified persons, the risk of harm is unacceptable.
There are differences between radiography performed in the practice of podiatric medicine and surgery and that in other settings. Those differences result in fewer and less potentially harmful collateral consequences in podiatric medicine than in radiography generally. First, the proposed rule is applicable to persons who take x-rays only under the direct supervision of podiatrists. Persons credentialed by the Radiography Board practice without direct supervision in most instances. Second, radiography equipment used in podiatrists' offices is much less powerful than more comprehensive equipment used in other health care settings. Third, in podiatric medicine diagnostic x-rays are limited to extremities--the foot, ankle and lower leg below the knee. These areas of the body are less vulnerable to the collateral consequences of an x-ray than are chest, head and other more vascular areas of the body for which more powerful radiology equipment is used.
Because the practice of radiography within podiatric medicine is inherently less dangerous to patients than radiography is in other settings, this rule will further the social policies of avoiding unnecessary restrictions on employment of health care professionals and potentially reducing costs to health care consumers.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Generally, persons who practice radiography are required to be credentialed by the Radiography Examining Board. Wis. Stat. s.
462.02 (1). An exception exists for uncredentialed persons who practice under the direct supervision of a podiatrist. Wisconsin Stat. s.
462.02 (2) (f) specifies that credentialing by the Radiography Examining Board is not required for:
A podiatrist licensed under s.
448.63 or a person under the direct supervision of such a podiatrist, if the person has successfully completed a course of instruction approved by the podiatrists affiliated credentialing board related to X-ray examinations under s.
448.695 (3).
The legislature has directed the Podiatry Affiliated Credentialing Board to identify education requirements for persons who practice radiography only under the direct supervision of licensed podiatrists:
448.695 (3) The [podiatry] affiliated credentialing board shall promulgate rules specifying the requirements for a course of instruction related to X-ray examinations by persons under the direct supervision of a podiatrist under s.
462.02 (2) (f). In promulgating the rules, the affiliated credentialing board shall consult with the radiography examining board and shall examine laws and rules in other states. The affiliated credentialing board shall approve courses that meet the requirements set forth in the rules.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
60 hours.
List with Description of All Entities that may be Affected by the Proposed Rule
Podiatry patients, podiatrists, unlicensed persons employed by podiatrists, third-party payers and educational organizations.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The Consumer-Patient Radiation Health & Safety Act of 1981 (
42 USC 10001, et seq,) is relevant because it specifies education and credentialing standards for radiographers, radiation therapists, dental radiographers, sonographers and nuclear medicine technologists. More research would be necessary to confirm whether or not the Act concerns radiography in podiatric medicine and surgery. Regardless, there are no enforcement provisions in current law and therefore, compliance with the Act is voluntary and dependent upon state regulation.
However, the proposed amendments to federal law could make enforcement of federal standards relevant to Medicare funding. The Consistency, Accuracy, Responsibility and Excellence (CARE) in Medical Imaging and Radiation Therapy bill, H.B. 2104 would amend current law by creating an enforcement provision in federal standards for education and certification of certain radiography professionals. In short, if a state declined to adopt federal standards for education and credentialing of certain radiography professionals, the state would lose certain federal Medicare funding.
Anticipated Economic Impact of Implementing the Rule (Note: if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
Any resulting course of instruction could result in more business opportunity for private vocational educators.
Contact Person
Safety and Professional Services
This statement of scope was approved by the governor on August 10, 2012.
Rule No.
SPS 60-65, 205-?
Relating to
Regulation of Barbers.
Rule Type
Emergency & Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
On July 1, 2012,
2011 Wisconsin Act 190 (the Act) took effect, transferring regulatory authority of barbers from the former Barbering and Cosmetology Examining Board to the Department of Safety and Professional Services (DSPS). The Act also changed the education requirements for barbers' initial licensure, and the continuing education requirements for renewal. The transfer of authority and the changes in requirements require immediate rule-making by DSPS to implement these changes.
Detailed Description of the Objective of the Proposed Rule
This rule-making project will create all rules relevant to the practice of barbering pursuant to
2011 Wisconsin Act 190. Among other things, Act 190 separated the previously combined barbering and cosmetology professions, and transferred the authority for regulation of the barbering profession from the former Barbering and Cosmetology Examining Board to the Department of Safety and Professional Services (DSPS). The primary objective of this proposed rule-making is to create DSPS rules consistent with the changes to chs.
440 and
454, Stats., thus effectuating the transfer of authority. Any substantive changes to the rules governing barbering as they existed before the effective date of Act 190 will also be reflected in this proposal. In addition, certain provisions of the DSPS Code regarding the curriculum requirements for, and the licensure of, what were schools of barbering and cosmetology, but will now be schools of barbering only, as well as the licensure of their instructors will be amended based on Act 190's separation of the professions.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Prior to the effective date of Act 190, July 1, 2012, the Barbering and Cosmetology Examining Board was charged with regulating both the barbering and cosmetology professions. Act 190 transferred the authority to regulate the barbering profession from the Board to DSPS. Consequently, the administrative code relating to both professions must be revised. The rules sought to be drafted by this Statement of Scope are statutorily mandated and serve only to implement the authority transfer and to create rules to govern barbering practice as necessitated by Act 190. Beyond that, there are no existing policies being modified, nor new policies being added.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a), Stats., authorizes an agency to promulgate rules interpreting the statutes it enforces or administers, when deemed necessary to effectuate the purpose of such statutes. Section
440.62 (2) (e), Stats., obligates DSPS to promulgate rules establishing requirements for surety bonds in all schools and specialty schools of barbering and/or cosmetology. Section
440.62 (5) (b) 2., Stats., obligates DSPS to establish the required curriculum for barbering schools and the minimum standards for instruction, materials, and equipment at barbering schools. Section
440.64 (1) (b), Stats., requires DSPS to promulgate marketing and other fiscally-related regulations for all schools and specialty schools of barbering and/or cosmetology. Section
454.25 (1) (a), Stats., authorizes DSPS to promulgate rules regarding the provision of barbering services outside of a licensed barbering establishment under certain circumstances. Sections
454.25 (2) and
(3), Stats., allow DSPS to establish requirements for licensure of barbering establishments, and require DSPS to promulgate minimum health and safety standards for such establishments, respectively. Section
454.265 (1), Stats., obligates DSPS to promulgate continuing education requirements, subject to the specified statutory limitations, for licensed barbers.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
225 hours.
List with Description of All Entities that may be Affected by the Proposed Rule
Barbers, barbering managers, barbering establishments, and their cosmetology counterparts; apprentices in the barbering and cosmetology professions; barbering and cosmetology schools and instructors; continuing education providers in the barbering and cosmetology professions; consumers of barbering and cosmetology; DSPS staff.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The federal government does not regulate the barbering and cosmetology professions in the states. However, it does have regulations applicable to apprenticeships in all trades and professions registered with the United States Department of Labor (DOL). Such regulations are generally administered by state laws governing apprenticeship programs in a particular state. In Wisconsin, the Department of Workforce Development is charged with that responsibility.
Anticipated Economic Impact of Implementing the Rule (Note: if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
These proposed rules are strictly for the purpose of implementing the mandates of Act 190, which took effect on July 1, 2012. The rules contemplated in this project will have no economic impact on the entities listed above beyond that which arose from the statutory changes to the barbering and cosmetology professions made by Act 190. Moreover, the rules created by this proposal will not become effective for at least a year past that date. Thus, although many of the above-listed entities either have been or may be significantly affected by the separation of regulatory authority for the barbering and cosmetology professions, these proposed rules will not cause any economic impact that such entities have not already absorbed.
Contact Person
Kris Anderson, (608) 261-2385.
