(h) Aquatic exercise.
(6) Authorization to administer specifically enumerated drugs.
AT 4.02 Mandatory protocol requirements. A protocol must contain all of the following:
(1) The requirement that the licensee notify the consulting physician as soon as possible if a person being treated by the athletic trainer sustains new injuries.
(2) The requirement that if a licensee or the consulting physician of the licensee determines that a patient's medical condition is beyond the scope of practice of the licensee, the licensee shall, in accordance with the protocol, refer the patient to a health care practitioner who is licensed under ch. 446 or 447, Stats., or subch. II, III or IV of ch. 448, Stats., and who can provide appropriate treatment to the patient.
(3) The requirement that a licensee shall modify or terminate treatment of a patient that is not beneficial to a patient or that the patient cannot tolerate.
(4) The name, signature and date of signature of the consulting physician and the athletic trainer.
Note: Protocol forms are available upon request to the board at 1400 East Washington Avenue, P. O. Box 8935, Madison, Wisconsin 53708.
Chapter AT 5
STANDARDS OF CONDUCT
AT 5.01 Definition. “Unprofessional conduct" means any practice or behavior which violates the minimum standards for the profession necessary for the protection of the health, safety or welfare of an athlete or the public, and includes, but is not limited to, the following or aiding or abetting the same:
(1) Knowingly making or presenting or causing to be made or presented any false, fraudulent, or forged statement, writing, certificate, diploma, in connection with any application for a license.
(2) Making a material misstatement in an application for a license or for renewal of a license.
(3) In sitting for any licensure examination, soliciting or knowingly disclosing examination content.
(4) Failing to cooperate with the board in an investigation under this section.
(5) Practicing or attempting to practice under any license when unable to do so with reasonable skill and safety to any person.
(6) Engaging in any athletic trainer practice which constitutes a danger to the health, welfare, or safety of a patient or the public, including but not limited to, practicing in a manner which substantially departs from the standard of care ordinarily exercised by an athletic trainer which harmed or could have harmed a patient.
(7) Subject to ss. 111.321, 111.322 and 111.335, Stats., practicing as an athletic trainer when the person's ability to engage in the practice was impaired by alcohol or other drugs.
(8) Having been adjudicated mentally incompetent by a court of competent jurisdiction.
(9) Subject to ss. 111.321, 111.322 and 111.335, Stats., having violated federal or state laws, local ordinances or administrative rules the circumstances of which substantially relate to the practice of athletic trainers.
(10) Engaging in conduct which evidences a lack of trustworthiness to transact the business required by the profession.
(11) Misrepresenting professional qualifications such as education, specialized training or experience.
(12) Offering to perform or performing services which the licensee is not qualified to perform by education or experience without retaining the services of another who is qualified.
(13) Using false, fraudulent or deceptive advertising or publicity; or practicing or attempting to practice under another's name.
(14) Falsely representing that the licensee is engaged in a partnership or association with another unless there exists in fact a partnership or association, or practicing under a firm name that misrepresents the identity of those practicing in the firm or misrepresents the type of services which the firm is authorized and qualified to perform.
(15) Violating the confidences of a patient except as otherwise required by law.
(16) Violating or attempting to violate any provision or term of ch. 448, Stats., or of any valid rule of the board.
(17) Violating or attempting to violate any term, provision or condition of any order of the board.
(18) Falsifying patient records.
(19) Having a license, certificate, permit, registration, or other practice credential granted by another state or by any agency of the federal government to practice as an athletic trainer, which becomes limited, restricted, suspended, or revoked, or having been subject to other adverse action by the state licensing authority or by any agency of the federal government, including but not limited to, the denial or limitation of an original credential, or the surrender of a credential, whether or not accompanied by findings of negligence or unprofessional conduct.
(20) Engaging in inappropriate sexual contact, exposure, gratification or other sexual behavior with or in the presence of a patient.
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.
Fiscal Estimate
The rules increase the existing appropriation. It may not be possible to absorb the increased costs within the agency's budget. There are no local government costs. The affected ch. 20, Stats., appropriations are s. 20.165 (1) (g) and (i), Stats.
Assumptions Used in Arriving at Fiscal Estimate:
Legislation created a 6-member Athletic Trainer Affiliated Credentialing Board, which would be attached to the Medical Examining Board. The Board would need to meet every month for the first year of regulation, and six times a year thereafter. Costs associated with annual Board meetings include $1,200 for per diems, $2,000 for lodging, and $3,500 for meals and travel. First year Board expenses would increase by $6,500 to cover the expenses of six additional meetings.
The Department is estimating that 500 athletic trainers will apply for licensure if this bill is enacted into law. The legislation established requirements for the licensing of athletic trainers. An additional Program Assistant 1 would be needed to process and revise forms and applications, answer applicant questions, prepare applications for Board review, and issue temporary permits. Annual costs for this position are $27,130 for salary and fringe benefits; $1,200 for on-going costs and $5,500 in one-time costs for furniture and a personal computer. Other costs associated with licensing include $600 for printing and postage of applications, $800 for the printing and postage to send out regulatory digests to all credentialed athletic trainers, and $4,000 for code books.
The Department would need to hire a 0.5 FTE Consumer Protection Investigator to assist with the enforcement of this profession. Costs associated with this position include $17,170 for salary and fringe benefits and $1,200 for on-going costs and $5,500 in one-time costs for furniture and a personal computer. The Board has the authority to assess forfeitures of up to $10,000 for certain violations and possible criminal penalties of $10,000 and 9 months imprisonment for violating “this subchapter or any rules promulgated under this subchapter." The Department is basing this need on the fact that there will be 25 complaints per year, of which 60 percent will be opened for investigation and on the fact that the existing Department complaint-handling staff are working hard to handle the existing caseload and cannot absorb the regulation of additional groups or professions without it having an adverse impact on the complaint-handling process.
Copies of Rule and Contact Information
Copies of this proposed rule are available without cost upon request to:
Pamela Haack
Dept. of Regulation and Licensing
Office of Administrative Rules
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Telephone: (608) 266-0495
Notice of Hearing
Commerce
(Licenses, Certifications and
Registrations, Ch. Comm 5)
Notice is hereby given that pursuant to ss. 101.02 (1), 145.02 (4) and 145.07 (5), Stats., the Department of Commerce announces that it will hold a public hearing on proposed rules amending ss. Comm 5.07 (2), Comm 5.08 (3) and Comm 5.92 (3), relating to the renewal of expired credentials.
Hearing Information
The public hearing will be held as follows:
Date & Time Location
September 26, 2000 Room 3B
Tuesday Thompson Commerce Ctr.
Beginning at 201 West Washington Ave.
1:00 p.m. MADISON, WI
This hearing is held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or TTY at (608) 264-8777 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.
Analysis of Proposed Rules
Statutory authority: ss. 101.02 (1), 145.02 (4) and 145.07 (5)
Statutes interpreted: ss. 101.02 (1), 145.02 (4) and 145.07 (5)
Chapter Comm 5 contains the Department's rules for the issuance of numerous credentials which businesses and individuals are either mandated or permitted to obtain. These credentials are licenses, certifications and registrations that relate to activities associated with the construction and inspection of buildings and structures or specific components and elements that serve buildings and structures.
The proposed rules consist of revisions in ch. Comm 5 relating to the consequences for renewal of expired licenses, certifications and registrations. Under the current renewal requirements, a renewal is considered late if it is not submitted within 6 months after the expiration date of the license, certification or registration. Under the proposed rules, the renewal must be submitted no later than one term after the expiration date before it is considered late. A late renewal means the applicant must comply with all of the requirements for obtaining the license, certification or registration initially. The proposed rules also correspondingly extend the time period during which any required continuing education credit may be obtained.
The proposed rules also consist of a revision in the qualification requirements for the master plumber-restricted examination by including a licensed journeyman plumber as a qualified person.
Written Comments
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 rule-making will remain open until Friday, October 6, 2000, 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.
Copies of Rules and Contact Information
A copy of the proposed rules may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701-2689, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with ch. Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules:
The proposed rules will affect any businesses that obtain licenses, certifications or registrations from the Division of Safety and Buildings.
2. Reporting, bookkeeping and other procedures required for compliance with the rules:
When applying within the one-term deadline for renewal of a license, certification or registration that requires continuing education credit, the applicant must document and file with the Department any continuing education credit obtained after the normal time frame.
3. Types of professional skills necessary for compliance with the rules:
