Bureau of Air Management
P.O. Box 7921
Madison, WI 53707
Phone: (608) 266-7718
FAX: (608) 267-0560
Fiscal Estimate
Summary of rule:
The proposed rules incorporate into Wisconsin Administrative Code existing national emission standards for hazardous air pollutants (NESHAP) for the printing and publishing industry. This NESHAP became final when published in the Federal Register on May 30, 1996 under section 112 (d) of the Clean Air Act, as amended in 1990. This federal standard applies to both new and existing major hazardous air pollutant (HAP) sources which operate publication rotogravure, product and packaging rotogravure, and wide-web flexographic printing presses. Inks and coatings used in this industry are a significant source of HAP emissions. Affected sources are required to control HAP emissions using the maximum achievable control technology (MACT). Flexible compliance options are provided, including pollution prevention methods which allow printers to eliminate the use of toxic chemicals by substituting non-toxic chemicals for toxic ones. Section 285.27 (2), Stats., requires that the Department promulgate NESHAPs by rule.
Fiscal impact:
The Department is already responsible for implementing this NESHAP, and does so through the operation permit program under ch. NR 407, Wis. Adm. Code. Incorporating this NESHAP into Wisconsin Administrative Code does not impose additional costs on the Department.
Local governments have no role in implementing this standard, and therefore will not incur any costs as a result of this proposed rule action.
Long-range fiscal implications:
None.
Notice of Hearing
Podiatrists Affiliated Credentialing Board
Notice is hereby given that pursuant to authority vested in the Podiatrists Affiliated Credentialing Board in ss. 15.085 (5) (b ) and 227.11 (2) Stats., and s. 448.695, Stats., as created by 1997 Wis. Act 175, and interpreting ch. 448, subch. IV, Stats., the Podiatrists Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to create chs. Pod 1 to 6, relating to the regulation and licensure of podiatrists.
Hearing Information
May 17, 1999 Room 179A
Monday 1400 East Washington Ave.
9:30 a.m. MADISON, WI
Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by May 31, 1999 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 448.695
Statutes interpreted: ch. 448, subch. IV
In this proposed rule-making order the Podiatrists Affiliated Credentialing Board creates rules relating to the practice of podiatric medicine. These rules are as a result of 1997 Wis. Act 175 which created the Podiatrists Affiliated Credentialing Board and gave the Board the authority to promulgate rules.
Section Pod 1.01 sets forth the statutory authority for the proposed rules. Section Pod 1.02 specifically outlines the application and credentialing process. Section Pod 1.03 outlines the process for the translation of documents into English. Section Pod 1.04 outlines the application deadlines and fees. Pod 1.05 creates the oral examination procedure to be used by applicants who may be required to take an oral examination before the Podiatrists Affiliated Credentialing Board. It further spells out the requirements to take state board examinations. Section Pod 1.06 spells out the process to be used for examination failure. Section Pod 1.07 creates and spells out the process for temporary educational permits. Section Pod 1.08 outlines the process to be used for the issuance of a locum tenens license. Section Pod 1.09 creates and spells out the process for a temporary certificate and who may practice under such temporary certificate. Section Pod 1.10 establishes the rules regarding the review of an examination by an applicant. Section Pod 1.11 outlines the procedures that the board must use to review an examination error.
Section Pod 2.01 sets forth the statutory authority for developing an unprofessional conduct section. Section Pod 2.02 defines unprofessional conduct as it applies to the profession of podiatric medicine.
Section Pod 3.01 sets forth the statutory authority for developing continuing education requirements. Section Pod 3.02 outlines the continuing education that is required and provides for a waiver in special circumstances. Section Pod 3.03 establishes the acceptable continuing education programs.
Section Pod 4.01 sets forth the statutory authority for developing the biennial registration section. Section Pod 4.02 creates the definitions for this section. Section Pod 4.03 specifically outlines the requirements and methods of registration. Section Pod 4.04 specifically outlines when registration is prohibited, annulled and the process for reregistration. Section Pod 4.05 outlines the process regarding the failure to be registered and the status of a credential holder who is not currently registered and how they may register.
Section Pod 5.01 sets forth the statutory authority for developing standards for dispensing and prescribing drugs. Section Pod 5.02 defines dispensing and prescribing of drugs. Section Pod 5.03 outlines the packing requirements for dispensing of drugs. Section Pod 5.04 outlines the labeling requirements for dispensing of drugs. Section Pod 5.05 outlines the recordkeeping requirements for prescribing and dispensing of drugs. Section Pod 5.06 outlines the delegation of prescription orders to others.
Section Pod 6.01 sets forth the statutory authority for developing patient health care records. Section Pod 6.02 defines patient health care records. Section Pod 6.03 establishes the minimum standards for patient health care records.
Text of Rule
SECTION 1. Chapters Pod 1 to 6 are created to read:
Chapter Pod 1
LICENSE TO PRACTICE PODIATRIC MEDICINE AND SURGERY
Pod 1.01 Authority and purpose. The rules in this chapter are adopted by the podiatrists affiliated credentialing board pursuant to the authority delegated by ss. 15.085 (5) (b), 227.11 (2) and 448.695, Stats., and govern application and examination for a license to practice podiatric medicine and surgery under s. 448.63, Stats.
Pod 1.02 Application and credentials. Every person applying for a license to practice podiatric medicine and surgery shall make application on forms provided by the board and shall submit all of the following:
(1) A completed and verified application form.
(2) Verified documentary evidence of graduation from a school of podiatric medicine and surgery approved by the board and a verified photographic copy of the diploma conferring the degree of doctor of podiatric medicine or its equivalent as determined by the board granted to the applicant by the school. The board recognizes as approved those podiatric medical schools recognized and approved at the time of the applicant's graduation by the council on education of the American podiatry association.
Pod 1.03 Translation of documents. If any of the documents required under this chapter are in a language other than English, the applicant shall also submit a verified English translation and the cost of translation shall be borne by the applicant.
Pod 1.04 Application deadline and fees. The completed application and all required documents must be received by the board at its offices not less than 30 days prior to the date of examination. The required fees must accompany the application.
Pod 1.05 Examinations. (1) (a) An applicant shall complete the written examination under sub. (2), and an open book examination on statutes and rules governing the practice of podiatric medicine and surgery in Wisconsin. In addition, an applicant may be required to complete an oral examination if the applicant:
1. Has a medical condition which in any way impairs or limits the applicant's ability to practice podiatric medicine and surgery with reasonable skill and safety.
2. Uses chemical substances so as to impair in any way the applicant's ability to practice podiatric medicine and surgery with reasonable skill and safety.
3. Has been disciplined or had licensure denied by a licensing or regulatory authority in Wisconsin or another jurisdiction.
4. Has been found to have been negligent in the practice of podiatric medicine or has been a party in a lawsuit in which it was alleged that the applicant had been negligent in the practice of podiatric medicine.
5. Has been convicted of a crime the circumstances of which substantially relate to the practice of podiatric medicine.
6. Has lost, had reduced or had suspended his or her hospital staff privileges, or has failed to continuously maintain hospital privileges during the applicant's period of licensure following postgraduate training.
7. Has been graduated from a school of podiatric medicine not approved by the board.
8. Has been diagnosed as suffering from pedophilia, exhibitionism or voyeurism.
9. Has within the past 2 years engaged in the illegal use of controlled substances.
10. Has been subject to adverse formal action during the course of medical education, postgraduate training, hospital practice, or other medical employment.
11. Has not practiced podiatric medicine and surgery for a period of 6 months prior to application, unless the applicant has been graduated from a school of podiatric medicine within that period.
(b) An application filed under s. Pod 1.02 shall be reviewed by an application review panel of at least 2 board members designated by the chairperson of the board. The panel shall determine whether the applicant is eligible for a license without completing an oral examination.
(c) All examinations shall be conducted in the English language. Each examination is scored separately, and the applicant must achieve passing scores on each examination to become qualified for grant of license.
(2) The board utilizes as its written examinations the national board examination, part I and part II, and the PMLexis examination of the national board of podiatric examiners. The passing scores are set by the professional geologist section and represent the minimum competency required to protect public health and safety. The board may accept the recommendations of the examination provider.
(3) The board may deny release of scores or issuance of a credential if the board determines that the applicant violated rules of conduct of the examination or otherwise acted dishonestly in the examination process.
(4) An applicant who has received passing grades in written examinations for a license to practice podiatry conducted by another licensing jurisdiction of the United States, may submit to the board documentary evidence. The board will review the documentary evidence to determine whether the scope and passing grades of the examinations are substantially equivalent to those of this state at the time of the applicant's examination, and if the board finds equivalency, the board will accept this in lieu of requiring the applicant to achieve passing grades in the national board examination and the PMLexis examination of the national board of podiatry examiners. The burden of proof of equivalency shall lie upon the applicant.
(5) The oral examination of each applicant is conducted by members of the board and is scored as pass or fail.
(6) The board will notify each applicant found eligible for examination of the time and place scheduled for that applicant's oral examination. Unless prior scheduling arrangements have been made with the board by the applicant, failure of an applicant to appear for examination as scheduled will void that applicant's application and require the applicant to reapply for licensure.
(7) Any applicant who is a graduate of a school of podiatric medicine and surgery in which English is not the primary language of communication may be examined by the board on his or her proficiency in the English language
(8) Otherwise qualified applicants with disabilities, as defined by the Americans with disabilities act, shall be provided with reasonable accommodations.
Pod 1.06 Failure and reexamination. An applicant who fails to achieve a passing grade in the examinations required under this chapter may apply for reexamination. An applicant who fails to achieve a passing grade in the examinations required under this chapter may be reexamined twice at not less than 4 month intervals. If the applicant fails to achieve a passing grade on the second reexamination, the applicant shall not be admitted to further examination until he or she reapplies for licensure and also presents to the board evidence of further professional training or education as the board may deem appropriate in each applicant's particular case.
Pod 1.07 Temporary educational license. (1) An applicant who has been appointed to a postgraduate training program in a facility in this state approved by the board may apply to the board for a temporary educational license to practice podiatric medicine and surgery and shall submit to the board all of the following:
(a) A completed and verified application form provided by the board.
Note: Applications are available upon request to the board office located at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.
(b) The documentary evidence and credentials required under ss. Pod 1.02, 1.03 and 1.04.
(c) The required fees.
(2) An applicant shall complete an open book examination on statutes and rules governing the practice of podiatric medicine and surgery in Wisconsin.
(3) The holder of a temporary educational license to practice podiatric medicine and surgery may, under the direction of a person licensed to practice podiatric medicine and surgery in this state, perform services requisite to the training program in which that holder is serving. Acting under such direction, the holder of a temporary educational license shall also have the right to prescribe drugs other than controlled substances and to sign any certificates, reports or other papers for the use of public authorities which are required of or permitted to persons licensed to practice podiatric medicine and surgery. The holder of a temporary educational license shall confine his or her entire practice to the facility in which he or she is taking the training.
(4) Violation by the holder of a temporary educational license to practice podiatric medicine and surgery of any of the provisions of the Wisconsin administrative code or of subch. IV of ch. 448, Stats., which apply to persons licensed to practice podiatric medicine and surgery, shall be cause for the revocation of the temporary educational license.
(5) Temporary educational licenses granted under this chapter shall expire one year from date of issuance.
Pod 1.08 Locum tenens license. (1) An applicant who holds a valid license to practice podiatric medicine and surgery issued by another licensing jurisdiction of the United States may apply to the board for a locum tenens license to practice podiatric medicine and surgery and shall submit to the board all of the following:
(a) A completed and verified application form provided by the board.
Note: Applications are available upon request to the board office located at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.
(b) A letter from a podiatrist licensed to practice podiatric medicine and surgery in this state requesting the applicant's services.
(c) A verified photostatic copy of a license to practice podiatric medicine and surgery issued by another licensing jurisdiction of the United States to the applicant.
(d) The required fees.
(2) An applicant shall complete an open book examination on statutes and rules governing the practice of podiatric medicine and surgery in Wisconsin.
