Register

  3. Practices consistent with the standards identified in a clean needle technique course acceptable to the Department.

SECTION 4. RL 70.02 (6) and (7) are repealed.

SECTION 5. RL 70.02 (8) is amended to read:

RL 70.02 (8) “Herbal medicine" means the use of herbs and plants plant, animal and mineral substances to assist in attaining or maintaining a state of health or relief from symptoms of disease.

SECTION 6. RL 70.02 (14) is repealed.

SECTION 7. RL 71.01 (intro.) is amended to read:

RL 71.01 Application for certification. An applicant for certification as an acupuncturist who has never practiced acupuncture or who has never been certified as an acupuncturist elsewhere, or who does not qualify for certification under s. RL 71.02 or 71.03, shall submit to the bureau of health service professions, department of regulation and licensing:

SECTION 8. RL 71.01 (2) is repealed.

SECTION 9. RL 71.01 (4) and (5) are amended to read:

RL 71.01 (4) Evidence that the applicant has never been the subject of any disciplinary action by any professional or licensing board, or authority, and subject to ss. 111.321, 111.322 and 111.335, Stats., has not been convicted of any offense substantially related to the practice of acupuncture.

(5) Evidence of successful completion of the NCCA examination in acupuncture, with a passing score as determined by the NCCA.

SECTION 10. RL 71.02 is repealed.

SECTION 11. RL 71.03 (intro.), (1) (a), (b) and (c) are repealed.

SECTION 12. RL 71.03 (2) is renumbered s. RL 71.03 and amended to read:

RL 71.03 Application for reciprocal certification. The applicant provides evidence satisfactory to the department that the requirements for certification in the other state or territory of the United States in which he or she is licensed, certified or registered to practice acupuncture are substantially equivalent to the requirements for initial certification as an acupuncturist in Wisconsin.

SECTION 13. RL 71.04 is created to read:

RL 71.04 Renewal of certification after 5 years. An acupuncture certificate holder who fails to renew his or her credential within 5 years following the renewal date of the certificate shall be required to have taken and passed the examination required under s. RL 71.01 (5) within one year prior to the date of application for renewal, unless the applicant provides evidence satisfactory to the department that he or she has actively engaged in the certified practice of acupuncture during the 5 years immediately preceding the application in any other state or territory of the United States.

SECTION 14. RL 72.02 (1) is amended to read:

RL 72.02 (1) All nondisposable needles, acupuncture equipment that comes in contact with a patient's blood or body fluids or penetrates the skin (e.g. needles guides), and equipment used to handle or store needles (e.g. trays), and acupuncture equipment that comes in contact with a patient's blood or body fluids or penetrates the skin shall be sterilized after each use.

SECTION 15. RL 72.03 (1) is amended to read:

RL 72.03 (1) Before any treatment commences, a patient shall be given the choice option, at the patient's own expense, to have treatment with disposable acupuncture needles, which have been sterilized and wrapped in accordance with s. 451.12, Stats., and maintained in accordance with s. RL 72.02 (7).

SECTION 16. RL 72.06 (3) is amended to read:

RL 72.06 (3) If an acupuncturist learns that a patient has AIDS, hepatitis, or any other blood-borne infectious disease, or has tested positive for the HIV virus, then the acupuncturist shall use disposable needles in treating that patient.

SECTION 17. RL 72.07 (2) (intro.) and (a) are amended to read:

RL 72.07 (2) An acupuncturist shall obtain from each patient a medical history pertinent to the patient's chief complaints. When an acupuncturist encounters a patient presenting with a potentially serious disorder including, but not limited to, cardiac conditions, uncontrolled hypertension, acute abdominal symptoms, acute undiagnosed neurological changes, unexplained weight loss or gain in excess of 15% of body weight within a 3 month period, suspected fracture or dislocation, suspected systemic infection, communicable disease, any serious undiagnosed hemorrhagic disorder or acute respiratory distress without previous history or diagnosis, the acupuncturist shall:

(a) In a non-emergency situation, refer the patient for evaluation to, and request a consultation or written diagnosis from, a duly licensed physician prior to commencing acupuncture treatment or continuing treatment if the situation is discovered in the course of treatment.

SECTION 18. RL 73.01 (title) and (intro.), (4), (6), (8) and (9) are amended to read:

RL 73.01 Grounds for denial of certification or discipline. The department shall deny an application for renewal, or deny, limit, suspend, or revoke a certificate or reprimand or impose a forfeiture upon an acupuncturist upon a finding of unprofessional conduct. Unprofessional conduct includes, but is not limited, to that the applicant or acupuncturist has engaged in conduct which evidences a lack of knowledge or ability to apply professional principles or skills, including, but not limited to, the following:

(4) Having been disciplined in another jurisdiction in any way by a certifying, registering, or licensing authority for reasons substantially the same as those set forth in s. 451.14, Stats., or department regulations in chs. RL 70 to 73.

(6) Practicing acupuncture fraudulently, beyond its authorized scope, with gross incompetence or gross negligence, with incompetence on one or more occasion, or with negligence on more than one occasion, or practicing acupuncture or any secondary therapeutic technique beyond or inconsistent with training, education or experience.

(8) Failing to provide duplicate patient records, at the acupuncturist's expense, when requested by the patient or the department. If the original record is not in English, the acupuncturist shall provide the duplicate in English translation performed by a competent translator. Thirty days is presumed to be a reasonable period of time in which to obtain the translation.

(9) Failing to maintain complete and accurate records of each patient visit, including patient histories, summaries of examinations, diagnoses, and treatments performed or prescribed, and referrals to other practitioners of acupuncture or any other healing art, for a period of 7 years past the most recent visit of the patient to whom the record refers, or the time the patient reaches the age of majority.

SECTION 19. RL 73.02 and 73.03 are created to read:

RL 73.02 Use of titles. (1) Any person certified under ch. 451, Stats., to practice acupuncture shall include the title “acupuncturist," “Wisconsin certified acupuncturist," or a similar title in advertisements of acupuncture services.

(2) Any person certified under ch. 451, Stats., to practice acupuncture who has been conferred the degree of doctor of oriental medicine may advertise his or her services as an acupuncturist to the public using the title “doctor of oriental medicine" or “D.O.M.," providing the title “acupuncturist," “Wisconsin certified acupuncturist," or a similar title is used in the same advertisement.

RL 73.03 Examples of false, deceptive or misleading advertising. Enumeration of these examples is not intended to limit the operation of the prohibition against false, misleading or deceptive advertising to the examples set forth. The following are examples of false, deceptive or misleading advertising prohibited under s. RL 73.01 (10):

(1) An acupuncturist advertises in a manner that is false, deceptive or misleading if the acupuncturist advertises acupuncture services using a title that includes the words “medical doctor" or the initials “M.D.," unless the acupuncturist meets the requirements of s. 448.03 (3) (a), Stats.

  Note: Section 448.03 (3) USE OF TITLES. (a) No person may use or assume the title “doctor of medicine" or append to the person's name the letters “M.D." unless one of the following applies:

  1. The person possesses the degree of doctor of medicine.

2. The person is licensed as a physician under this subchapter because the person satisfied the degree requirement of s. 448.05 (2) by possessing a medical degree that was conferred by a medical school recognized and listed as such by the World Health Organization of the United Nations.

(2) An acupuncturist advertises in a manner that is false, deceptive or misleading if an acupuncturist advertises acupuncture services using the title “Doctor" or the abbreviation “Dr.," or “Ph.D." in connection with the practice of acupuncture unless the acupuncturist possesses a license or certificate which authorizes such use or possesses an earned doctorate degree which is in acupuncture or Oriental medicine.

Fiscal Estimate

1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.

Initial Regulatory Flexibility Analysis

These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of Rule and Contact Person

Copies of this proposed rule are available without cost upon request to:

Pamela Haack, [phone]

Office of Administrative Rules,

Dept. of Regulation & Licensing

1400 East Washington Ave., Room 171

P.O. Box 8935

Madison, WI 53708

Notice of Hearings

Transportation

Notice is hereby give that pursuant to ss. 85.16(1), 227.11(2)(a), and 348.25(3), Stats., the Department of Transportation will hold public hearings at the following locations to consider amendments to ch. Trans 261, Wis. Adm. Code, relating to multiple trip mobile home permits.

Hearing Information

October 7, 1997   Hill Farms State Transportation Bldg.

Tuesday   4802 Sheboygan Avenue

2:00 p.m.   Room 254

  Madison, WI

October 8, 1997   Marshfield City Hall

Wednesday   630 South Central Avenue

10:00 a.m.   City Council Chamber-Basement Level

  Marshfield, WI

Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.

Written Comments

The public record on this proposed rule making will be held open until October 22, 1997, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Kathleen Nichols, Wisconsin Department of Transportation, Division of Motor Vehicles, Motor Carrier Services Section, Room 151, P. O. Box 7981, Madison, WI 53707-7981.

Analysis Prepared by the Wisconsin Department of Transportation

STATUTORY AUTHORITY: ss. 85.16(1), 227.11(2)(a), and 348.25(3)

STATUTE INTERPRETED: ss. 340.01(29), 348.05, 348.25, and 348.27

General Summary of Proposed Rule. The proposed rule creates s. Trans 261.155, which allows the Department to issue multiple trip permits for mobile homes or modular building sections that do not exceed 16 feet in width. These permits may be used only to allow transportation of mobile homes and modular building sections for a maximum distance of 5 miles to complete the manufacturing process. These permits may not be used to transport mobile homes or modular building sections to sales or building sites.

If a local road or county highway is used to transport these loads, the local or county highway authority with the responsibility to maintain these highways must approve the movement.

Additional safety requirements include the preparation of a traffic safety plan, use of a flag person at intersections, an additional amber flashing or revolving light visible from the front, and a maximum speed of 35 miles per hour.

Fiscal Impact

The Department estimates that there may be a fiscal impact on the liabilities or revenues of any county, city, village or town responsible for maintaining local roads.

Initial Regulatory Flexibility Analysis

This proposed rule will have no adverse impact on small businesses.

Copies of Proposed Rule

Copies of the rule may be obtained upon request, without cost, by writing to Kathleen Nichols, Wisconsin Department of Transportation, Division of Motor Vehicles, Motor Carrier Services Section, Room 151, P. O. Box 7981, Madison, WI 53707-7981, or by calling [phone]. Hearing-impaired individuals may contact the Department using TDD [phone]. Alternate formats of the proposed rule will be provided to individuals at their request.

Text of Proposed Rule

SECTION 1. Section Trans 261.155 is created to read:

Trans 261.155 MULTIPLE TRIP 16 FOOT WIDE MOBILE HOME AND MODULAR BUILDING SECTIONS. (1) The issuing authority may issue annual or consecutive month permits to licensed mobile home transport companies and to licensed mobile home manufacturers for the transportation of mobile homes and modular building sections that are not greater than 16 feet wide in total exterior width including all protrusions, but only if all of the following conditions are satisfied: