The proposed changes focus primarily on the form, placement, clarity, grammar, punctuation, plain language and related issues. Clarify how passing scores on examinations are determined. Create a provision to address the Americans With Disabilities Act.
Statutory authority:
Sections 15.08 (5) (b) and 227.11 (2), Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
20 hours
Chiropractic Examining Board
Subject:
Chir Code - Relating to the practice of chiropractors.
Description of policy issues:
Objective of the rule:
To make modifications relating to statutory authority, form, style, placement, clarity, grammar, punctuation, plain language and related issues.
Policy analysis:
The proposed changes focus primarily on minor defects in the form, placement, clarity, grammar, punctuation and plain language of existing rules. Clarify how passing scores on examinations are determined. Expand the cheating policy relating to examinations. Eliminate the requirement of applications being notarized and instead include a penalty provision for applicants who falsify information or signatures on licensing applications. Eliminate the requirement of including pictures as part of an application, as pictures are no longer a useful check of personal identification. Testing services and Department proctors routinely require a picture ID, usually a driver's license, at the examination site. Also, include a provision to address the Americans With Disabilities Act.
Statutory authority:
Sections 15.08 (5) (b) and 227.11 (2), Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
20 hours
Dentistry Examining Board
Subject:
DE Code - Relating to the periodontal education required, in lieu of successfully completing a clinical periodontal examination, for dentists licensed in other states to qualify for a license in Wisconsin by endorsement.
Description of policy issues:
Objective of the rule:
The objective is to promulgate a permanent rule corresponding to an emergency rule adopted by the board on October 15, 1997. Prior to the emergency rule, a dentist licensed in another state applying for a Wisconsin license was required to successfully complete a clinical examination with a periodontal part to meet the requirement of having passed an examination “substantially equivalent to the clinical examination administered by the central regional dental testing service”, under s. DE 2.04 (1) (e), Wis. Adm. Code.
The emergency rule provides two additional means by which out-of-state dentists may meet the periodontal requirement through education. The first grants a regular dental license to an applicant who has taken continuing education programs or courses in periodontal procedures within the last 12 months. The second permits an applicant who has not met this prior education requirement to be granted a temporary license to practice dentistry in this state. The applicant then has 6 months to obtain the periodontal education and receive a regular license. Under both alternatives, the applicant is not required to successfully complete a clinical examination on periodontal procedures.
Policy analysis:
The Governor vetoed a provision in the budget bill which would have permitted dentists licensed in other states to obtain a license in Wisconsin, despite their not having passed a clinical licensing examination with a periodontal part. In doing so, the Governor requested the Board adopt an emergency rule to permit these dentists to obtain licenses in Wisconsin under other reasonable and appropriate methods. The concern for the public health, safety and welfare is that this state's citizens are currently being deprived of necessary dental services from qualified dentists who, themselves, are experiencing substantial and perhaps unnecessary hardship in becoming licensed in Wisconsin. These rules are required to assure that the public is not deprived of necessary dental services from qualified dental professionals and that adequate safeguards for protecting the health and safety of dental patients are part of the licensing process.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2), 447.02 (1) (e), and 447.04 (1) (b), Stats.
Estimate the amount of state employe time and any other resources which will be necessary to develop the rule:
8 hours.
Employment Relations
Subject:
Ch. ER 18 - Relating to sick leave accrual rate, catastrophic leave and other changes in leave provisions for nonrepresented state employes.
Description of policy issues:
Description of the objective of the rule:
The rule will increase the amount of sick leave earned by nonrepresented state employes. The rule will also amend provisions relating to the catastrophic leave program that permit nonrepresented classified state employes to donate certain types and amounts of leave credits to other classified nonrepresented state employes. Minor technical changes will also be made as necessary in ch. ER 18, which relates to absences.
Description of existing relevant policies and new policies to be included in the rule and analysis of policy alternatives:
Section 230.35 (2), Stats., provides that sick leave for state employes shall be regulated by the administrative rules of the Secretary of the Department of Employment Relations. Rules governing sick leave are located in s. ER 18.03, Wis. Adm. Code.
Section ER 18.03 (2) provides that sick leave credits accrue at the rate of .05 hour for each hour in pay status, not to exceed 4 hours in any biweekly pay period. An employe working full time (i.e. 80 hours in a biweekly pay period) would thus earn 104 hours of sick leave in one year, or 13 days.
The Department plans to promulgate a rule to increase the accrual rate for sick leave from .05 hour to .0625 hour for each hour in pay status, not to exceed 5 hours in any biweekly pay period. Thus, the annual earning rate for a full-time employe would increase to 16.25 days per year. This increase will match the increase in sick leave credits earned by represented state employes covered by certain collective bargaining agreements.
Section 230.35 (2r), Stats., allows the Secretary to establish by rule a catastrophic leave program. Current rules regarding catastrophic leave are found in s. ER 18.15, Wis. Adm. Code. Current rules allow a donor to donate leave credits only to nonrepresented employes within the same employing unit, except that donations may be made to recipients in different employing units in the same agency with the approval of the appointing authority. Similarly, a recipient may receive credits only from other nonrepresented employes within the same employing unit. The proposed rule would allow a donor to donate leave to, and allow a recipient to receive leave from, any eligible classified employe -- nonrepresented or represented -- within the same agency. Leave may also be exchanged with any eligible classified employe in another agency with the approval of each affected agency.
These changes are necessary because of changes made in the catastrophic leave programs contained in certain collective bargaining agreements for represented state employes.
The only alternative to these policy changes is to maintain the status quo in terms of sick leave accrual and catastrophic leave. However, this would provide inconsistent treatment for nonrepresented employes and prevent the donation and receipt of leave between represented and nonrepresented employes under the catastrophic leave program. It would also create greater administrative complexity because two different catastrophic leave programs would need to be maintained.
The Department also intends to make minor technical changes to other provisions of ch. ER 18 as necessary.
Statutory authority for the rule:
Section 230.35 (2), Stats., provides that sick leave for state employes shall be regulated by the administrative rules of the Secretary of the Department of Employment Relations.
Section 230.35 (2r), Stats., allows the Secretary to promulgate rules for a catastrophic leave program.
Section 230.04 (5), Stats., grants the Secretary general authority to promulgate rules on all matters related to the Department (except those reserved to the Administrator of the Division of Merit Recruitment and Selection.)
Estimate of the amount of time state employes will spend to develop the rule and other resources necessary to develop the rule:
Estimated time to be spent by state employes--100 hours. No other resources are necessary.
Financial Institutions--Securities
Subject:
DFI-Sec Code - Relating to repeal of the Division's rules under the securities, take-over and franchise statutes prescribing photocopying charges.
Description of policy issues:
Description of the objective of the rule:
The objective of the rule-making is to repeal the Division's existing rules prescribing photocopying charges because the Department of Financial Institutions is establishing a Department-wide photocopying fee policy applicable to all Divisions of the Department.
Description of existing relevant policies and new policies proposed to be included in the rule and an analysis of policy alternatives:
The Division has had existing rules in place for several years under the securities, take-over and franchise laws [in ss. DFI-Sec 7.01(6), 27.01 (5) and 35.01(4)] providing for photocopying fees at a rate of $.25 per page for the first 10 pages and $.10 per page thereafter. Because of the recent reorganization whereby the Division became part of the Department of Financial Institutions, which has several other constituent Divisions, it is appropriate to repeal the Division's photocopying fee rules because DFI is establishing a single, Department-wide photocopying fee applicable to all DFI Divisions.
Statutory authority for the rules:
Sections 551.63 (1), 552.13 (2) and 553.58 (1), Stats.
Estimate of the amount of time state employes will spend to develop the rule and other resources necessary to develop the rule:
Estimated time to be spent by state employes = 1 hour. No other resources are necessary.
Funeral Directors Examining Board
Subject:
FD Code - Relating to clarification of administrative rules relating to the practice of funeral directors.
Description of policy issues:
Objective of the rule:
Clarify and update administrative rules. Recommended changes relate to such issues as statutory authority; form, style and placement of provisions in the code; conflicts or duplication of existing rules; the adequacy of references to related statutes, rules and forms; and clarity, grammar, punctuation and use of plain language. Create a provision to address the Americans With Disabilities Act. Also, provisions relating to passing scores of the licensing examinations, examination reviews and dishonest acts by examination candidates will also be amended.
Policy analysis:
The proposed changes focus primarily on the form, placement, clarity, grammar, punctuation, plain language and related issues. Clarify how passing scores on examinations are determined. Create a provision to address the Americans With Disabilities Act.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2) and 445.03 (2) (a), Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
20 hours
Health & Family Services
Subject:
Ch. HFS 196 - Relating to regulation of restaurants by the Department of Health and Family Services (DHFS) or by local public health departments designated as agents of DHFS.
Description of policy issues:
Description of objective(s):
1) To update the Department's rules for restaurants to current industry standards as expressed in the U.S. Food and Drug Administration (FDA) Model Food Code, which reflects the most current available science and trends in food safety.
2) To develop standards for restaurants that are the same as those that the Department of Agriculture, Trade and Consumer Protection (DATCP) will apply to retail food establishments, with the potential benefit of restaurants and retail food establishments being licensed by a single state agency rather than the current multiple agencies and licenses.
3) To develop rules that in their construction will parallel those of DATCP for retail food establishments to promote consistent application, interpretation and enforcement of food safety regulations administered by DHFS and DATCP.
Description of policies -- relevant existing policies, proposed new policies and policy alternatives considered:
