Register

Chiropractic Examining Board

[CR 98-190]

Notice is hereby given that pursuant to authority vested in the Chiropractic Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting ss. 446.01 (2) and 446.03 (5), Stats., the Chiropractic Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. Chir 4.03; and to create s. Chir 6.03, relating to referral of patients to other health care practitioners.

Hearing Information

May 20, 1999   Room 179A

Thursday   1400 East Washington Ave.

10:00 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 30, 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) and 227.11 (2), Stats.

Statutes interpreted: ss. 446.01 (2) and 446.03 (5), Stats.

A chiropractor has a responsibility recognized under common law to determine whether a patient presents a problem that is treatable through chiropractic means and refrain from further chiropractic treatment if the patient's condition will not be responsive to chiropractic treatment. This responsibility was recognized in Kerkman v. Hintz, 142 Wis. 2d 404, 418 N.W.2d 795 (1988) and is codified in this rule.

In the Kerkman decision and more recently in Goldstein v. Janusz Chiropractic Clinics, S.C., 218 Wis. 2d 683, 582 N.W.2d 78, (Ct. App. 1998) rev. den. 220 Wis. 2d 364 (1998) the courts have relied on the description of the practice of chiropractic in s. Chir 4.03, Wis. Adm. Code, to limit the responsibility and liability of a chiropractor who does not refer a patient to a medical doctor. In this rule the description of the practice of chiropractic is amended to recognize:

1) That chiropractors treat body tissues other than those adjacent to the spine; and

2) That diagnosis by a chiropractor involves using chiropractic science and the principles of education and training common to the chiropractic and medical professions.

This rule establishes a duty requiring a chiropractor to advise a patient to consult another appropriate health care provider if the chiropractor determines that correct treatment for the patient is outside the practice of chiropractic or if the chiropractor knows or should know that he or she does not have the skill, knowledge or facilities to treat the patient's condition. As established in this rule, the responsibility of a chiropractor to advise a patient to consult another appropriate health care provider is broader than the duty recognized in the Kerkman decision.

Text of Rule

SECTION 1. Chir 4.03 is amended to read:

Chir 4.03 Practice. The practice of chiropractic is the application of chiropractic science in the adjustment of the spinal column, skeletal articulations and adjacent tissue other body tissues which includes diagnosis and analysis to determine the existence of spinal subluxations and associated nerve energy expression and the use of procedures and instruments preparatory and complementary to treatment of the spinal column, skeletal articulations and adjacent tissue other body tissues. Diagnosis and analysis involves the use of chiropractic science as described in s. Chir 4.02 and the principles of education and training common to the chiropractic and medical professions and may include physical examination, specimen analysis, drawing of blood, blood-analysis and the use of x-ray and other instruments.

SECTION 2. Chir 6.03 is created to read:

Chir 6.03 Duty to evaluate and refer. (1) A chiropractor shall determine whether a patient presents a condition which is treatable by the practice of chiropractic and refrain from chiropractic treatment if the chiropractor knows, or should know, that a patient's condition will not be responsive to chiropractic treatment.

(2) A chiropractor shall advise his or her patient to consult another appropriate health care provider if the chiropractor determines during diagnosis and analysis or treatment of a patient that the correct treatment for the patient's condition is outside the practice of chiropractic as described in s. Chir 4.03.

(3) A chiropractor shall advise his or her patient to consult another appropriate health care provider if the chiropractor knows, or should know, that he or she does not have the skill, knowledge, or facilities to treat the patient's condition.

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 have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of Rule and Contact Information

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

Pamela Haack

Department of Regulation and Licensing

Office of Administrative Rules

1400 East Washington Ave., Room 171

P.O. Box 8935

Madison, WI 53708

Telephone [phone]

Notice of Hearing

Commerce

(Wisconsin Development Zone
Program, Ch. Comm 112)

Notice is hereby given that pursuant to s. 560.875, Stats., the Department of Commerce announces that it will hold public hearings on proposed rules relating to the Wisconsin Development Zone Program and the emergency rule adopted on the same subject.

Hearing Information

May 12, 1999   Conference Room 3C

Wednesday   201 W. Washington Ave.

9:00 a.m.   Madison, WI

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until May 17, 1999, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or TTY at [phone] at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.

A copy of the proposed rules may be obtained without cost from Richard Meyer, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701, telephone [phone] or [phone] (TTY). Copies will also be available at the public hearings.

Analysis of Rules

Statutory Authority: ss. 560.70 through 560.797

Statutes Interpreted: ss. 560.70 through 560.797

Pursuant to ss. 560.70 through 560.797, Stats., the Department of Commerce is responsible for administering Wisconsin Development Zone Program. These rules are being adopted to incorporate in the administrative code the recent amendments contained in 1997 Wisconsin Act 27 that entirely changed the eligibility and the criteria for certified development zone businesses and the process for the verification and the claiming of tax credits. Section 560.785, Stats., directs the Department of Commerce to develop rules and exceptions to those rules concerning the eligibility for tax benefits. After a review and evaluation of all the certified businesses and their projects a number of exceptions have been identified in order to meet the needs of different areas of the state and to fulfill our commitments to businesses that were made prior to this legislation. In order to process claims for tax years beginning on or after January, 1, 1998, these rules must be made available immediately.

Contact Person

William Wheeler, Director, [phone]

Initial Regulatory Flexibility Analysis

1. Types of small businesses that will be affected by the rules.

The proposed rule is not expected to have any impact on small businesses except for businesses located within the state that desire to obtain the economic benefits associated with the development zone program.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

No special reporting and bookkeeping skills are required by these rules.

3. Types of professional skills necessary for compliance with the rules.

None.

Fiscal Estimate

There is no fiscal effect.

Notice of Hearing

Health & Family Services

(Health, Chs. HFS 110-)

[CR 99-55]

Notice is hereby given that, pursuant to ss. 250.04 (7) and 254.13 (2), Stats., the Department of Health and Family Services will hold a public hearing to consider the creation of ch. HFS 181, Wis. Adm. Code, relating to reporting of blood lead test results.

Hearing Information

May 18, 1999   Room 233

Tuesday   Washington Square Building

Beginning at 10 a.m.   1414 East Washington Avenue

  MADISON, WI

Enter the building through Entrance 11 on Dickinson Street, and take stairway or elevator at that entrance to get to Room 233.

The hearing site is fully accessible to people with disabilities. Enter the building through Entrance 77 on Dickinson Street (the 3 rd entrance from East Washington), go straight ahead and take elevator to get to Room 233.