g Define what constitutes a breach of agreement between the provider and the Department.
g Establish penalties for breach of agreement, conditions under which penalties might be waived, and conditions under which an agreement might be suspended
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:
Under these programs, the Department awards grants of up to $50,000 for physicians and up to $25,000 for nurse practitioners, physician assistants, and certified nurse midwives who agree to practice primary care in a medically underserved area of the state. In the 1997 legislative session, the Wisconsin Legislature made changes to both programs designed to improve the ability of the highest need communities to recruit primary care providers to their area. In addition, the statute now includes language which allows for Wisconsin's participation in a federal program that provides matching dollars for state loan repayment programs.
Under the changes made in statute, both the physician and health care provider loan assistance programs now provide the same dollar award over a 3-year period rather than a 5-year period and greater dollar amounts in the first two years of the contract. As a result, there are more significant provider restrictions than there were in the past. These restrictions relate to areas of practice, minimum clinical hours and weeks of practice and, in the case of the federal matching program, requirements as to Medicare assignment and the availability in the clinic of a sliding fee scale for patients who are uninsured. The rules enumerate these and other items that would cause a breach of agreement, and provide for penalties in the event of a breach. Also included are provisions for waivers of penalties and conditions under which a contract may be temporarily suspended.
Statutory authority for the rule:
SS. 560.183 (5) (b) 6., 560.184 (5) (b) 6., and 560.02 (4), 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:
The Department estimates that state employes will spend approximately 200 hours developing the proposed rules.
Medical Examining Board
Subject:
Med Code - Relating to clarification of administrative rules relating to physicians, podiatrists, physician assistants, occupational therapists, occupational therapy assistants and respiratory care practitioners.
Description of policy issues:
Objective of the rule:
The objective of these revisions is to make the administrative rules more understandable to the public by improving the clarity, grammar, punctuation and use of plain language in the rules. The changes being recommended relate to statutory authority, form, style and placement of provisions, conflicts or duplication of existing rules, adequacy of references to related statutes, rules and forms, and clarity, grammar, punctuation and use of plain language. The rules also include provisions relating to examination reviews, passing scores, cheating on examinations, and issues relating to the safety and welfare of the public. A substantive provision addresses the Americans With Disabilities Act.
Policy analysis:
The proposed changes focus primarily on form, style, grammar and punctuation of the existing rules in order to improve readability and eliminate outdated provisions. The changes also update citations referencing statutes which have been renumbered, modified or repealed and deal with examination reviews and dishonest acts by examination candidates. The rules create a provision relating to reasonable accommodations as required under the Americans With Disabilities Act.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2) and 448.40, Stats.
Estimate the amount of state employe time and any other resources that will be necessary to develop the rule:
40 hours.
Natural Resources
Subject:
Ch. NR 25 - Relating to commercial fishing - outlying waters.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
This rule will implement s. 29.33 (4m) (e), Wis. Stats., as created by section 1105u of 1997 Wis. Act 27, “The department shall establish by rule a harvest limit for alewife on the waters of Green Bay and Lake Michigan.” The rule will also modify regulations pertaining to trawling on Lake Michigan and Green Bay in order to meet the Governor's direction in his veto message that, “The rule should be designed to prevent additional loss of the important alewife forage base.” The Governor also called for the rule to be presented to the Natural Resources Board (NRB) so that it is effective prior to June 15, 1998, the start of the next commercial smelt trawling season on Green Bay. In order to accomplish this, the rule will be presented to the NRB in May for adoption as both an emergency rule and as an identical permanent order. Public hearings will be held in April. This rule is highly controversial, and the DNR anticipates strong expressions of opinion from commercial trawlers and sport fishing organizations.
This action represents a change from past policy.
The establishment of a harvest limit for alewives is a significant change; however, with added provisions designed to prevent the additional loss of alewives, this rule is designed to retain the Department policy of limiting mortality of alewives in commercial fishing, in order to reserve them for use as food for salmon and trout.
Explain the facts that necessitate the proposed change:
This rule is promulgated to fulfill the requirements of s. 29.33 (4m) (e), Stats., as created by 1997 Wis. Act 27, and to meet the related veto message directions by Governor Thompson.
Statutory authority:
SS. 29.085, 29.33 (1), (4m) (e), as created by 1997 Wis. Act 27 and 227.11 (2) (a), Stats.
Anticipated time commitment:
The anticipated time commitment is 42 hours. Two public hearings will be held in April, 1998, at Green Bay and Manitowoc, Wisconsin.
Optometry Examining Board
Subject:
Opt Code - Relating to credential application and examination requirements for individuals applying for a license to practice optometry.
Description of policy issues:
Objective of the rule:
The objective of these revisions is to revise and clarify the credential application procedures and examination requirements for applicants applying for a license to practice optometry.
Policy analysis:
Individuals applying for a license to practice optometry are required to pass Parts I, II and certain components of Part III of the examination administered by the National Board of Examiners in Optometry. Until recently, applicants were also required to pass a practical examination administered by the board, because the board did not accept the results of the practical component of Part III of the national examination. As a result, applicants were required to pass two practical examinations, the practical component of Part III and the practical examination given by the board. After further review, the board determined that the practical component of Part III is equivalent to its practical examination. Thereafter, the board discontinued its practical examination and voted to accept the practical component of Part III instead. The proposed revisions to the rules will reflect this change.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2), 440.07 and 449.04, Stats.
Estimate the amount of state employe time and any other resources that will be necessary to develop the rule:
5 hours.
Physical Therapists Affiliated Credentialing Board
Subject:
PT Code - Relating to temporary licenses to practice physical therapy under supervision.
Description of policy issues:
Objective of the rule:
The objective of this revision is to repeal a section that was inadvertently left in a previous rule-making order.
Policy analysis:
A recent change in the Physical Therapy National Examination being given on a computerized basis required the Board to promulgate rules regarding temporary licenses. In making those amendments in
Clearinghouse Rule 96-52, the Board inadvertently left in s. PT 3.01 (5). The repeal of s. PT 3.01 (5), which states that a temporary license cannot be renewed, is necessary as it conflicts with s. PT 3.01 (4), which says that a temporary license can be renewed for hardship reasons.
Statutory authority:
Sections 15.08 (5) (b) and 227.11 (2), Stats.
Estimate the amount of state employe time and any other resources that will be necessary to develop the rule:
1 hour.
Psychology Examining Board
Subject:
Psy Code - Relating to clarification of administrative rules relating to psychologists and the private practice of school psychology.
Description of policy issues:
Objective of the rule:
The objective of these revisions is to make the administrative rules more understandable to the public by improving the clarity, grammar, punctuation and use of plain language in the rules. The changes being recommended relate to amending form, style, grammar, punctuation; use of plain language to improve readability; statutory authority; conflicts or duplication of existing rules; examination reviews; passing scores; cheating policy; eliminating outdated provisions; updating citations to statutes for accuracy; and issues regarding safety and welfare of the public. A substantive provision addresses the Americans With Disabilities Act.
Policy analysis:
The proposed changes focus on form, style, grammar and punctuation of the existing rules in order to improve readability and eliminate outdated provisions. The changes also update citations referencing statutes which have been renumbered, modified or repealed; and deal with examination passing scores, cheating and reviews. The proposals also create a provision relating to reasonable accommodations as required under the Americans With Disabilities Act.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2) and 455.08, Stats.
Estimate the amount of state employe time and any other resources that will be necessary to develop the rule:
20 hours.
Public Instruction
Subject:
Ch. PI 40 - Relating to administering the youth options program.
Description of policy issues:
Rationale for proposed rule development:
1991 Wis. Act 39 created the postsecondary enrollment options (PSEO) program beginning in the 1992-93 school year. The program allowed any public school pupil enrolled in the 11th or 12th grade to enroll in a center or institution within the UW system, a Wisconsin technical college system (WTCS) school or a private, nonprofit institution of higher education (IHE).
Administrative rules, ch. PI 40, were created to administer the program. The rules established general requirements for participating pupils, parents/guardians, school boards, IHE's, transportation reimbursement, appeals, and state superintendent's responsibilities. The provisions relating to IHE's pertained to technical colleges as well.
Effective the 1998-99 school year, 1997 Wis. Act 27 replaces the PSEO program with the youth options program and makes several modifications. For private colleges and the UW system, the youth options program will operate essentially the same as it did under the PSEO program. However, the program differentiates between participation in an institution of higher education (IHE) and a technical college making it necessary to revise the rule as it relates to technical colleges.
Describe the objective(s) of the proposed rule:
To modify the current rules under ch. PI 40 relating to technical colleges to provide for clarity and to comply with statutory language changed as a result of 1997 Wis. Act 27.
To review and possibly modify the guidelines used in the determination and awarding of high school credit. This will be done in cooperation with the IHE's.
To describe the requirements of the technical college in ensuring that a pupil's educational program meets the high school graduation requirements under s. 118.33, Stats. This will be done in cooperation with the Wisconsin Technical College System Board.
