Julie M. Kane
Telephone: (608) 267-9839
Office of Legal Counsel
149 East Wilson St.
P.O. Box 7925
Madison, WI 53707-7925
If you are hearing- or visually-impaired, do not speak English, or have circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written Comments
Written comments on the proposed rules received at the above address no later than Wednesday, November 15, 2000 will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
Professional Geologists, Hydrologists and
Soil Scientists Examining Board
Notice is hereby given that pursuant to authority vested in the Examining Board of Professional Geologists, Hydrologists and Soil Scientists in ss. 15.08 (5) (b), 15.405 (2m) and 227.11 (2), Stats., and interpreting s. 470.03, Stats., the Examining Board of Professional Geologists, Hydrologists and Soil Scientists will hold a public hearing at the time and place indicated below to consider an order to create s. GHSS 1.07, relating to a rules committee.
Hearing Information
The public hearing will be held as follows:
Date & Time   Location
October 31, 2000   Room 180
Tuesday   1400 East Washington Ave.
9:45 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 Monday, November 13, 2000 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), 15.405 (2m) and 227.11 (2)
Statute interpreted: s. 470.03
Current rules for the Examining Board of Professional Geologists, Hydrologists and Soil Scientists do not permit the formation of a rules committee to act for the Board in rule-making proceedings. The objective of the rule is to authorize the Board to form a rules committee. The Board may currently approve and adopt rules proposed by any section of the Board. A rules committee would better enable the Board to develop and refine rules proposed by the sections or the Board. This would meet the objective of standardizing the rules development process between the sections of the Board and provide for greater efficiency.
The proposed rule would consist of two sections. The first section would permit the Board to approve and adopt rules proposed by any section of the Board. The second section would define the composition of a rules committee and provide that the rules committee shall act for the Board in rule-making proceedings except for final rule adoption.
Text of Rule
SECTION 1. GHSS 1.07 is created to read:
GHSS 1.07 Rule-making. (1) PROCEDURE. The board may approve and adopt rules proposed by any section of the board.
(2) RULES COMMITTEE. (a) The rules committee is comprised of one professional member from each section and 2 public members. The board chair shall appoint the 2 public members from any of the 3 sections of the board.
(b) The rules committee shall act for the board in rule-making proceedings except for final approval as specified in sub. (1).
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 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.
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
Regulation and Licensing
Notice is hereby given that pursuant to authority vested in the Department of Regulation and Licensing in ss. 227.11 (2) and 440.03, Stats., and interpreting s. 440.03 (1), Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to repeal s. RL 7.06 (1) (d) and (2) (d); to renumber and amend s. RL 7.06 (1) (e) and (2) (e); to amend ss. RL 7.04 (1) (e) and 7.05 (1) (d); and to create s. RL 7.11 and Appendix II of Chapter RL 7, relating to standards for approved drug testing programs.
Hearing Information
The public hearing will be held as follows:
Date & Time   Location
October 30, 2000   Room 133
Monday   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 Monday, October 30, 2000 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 227.11 (2) and 440.03
Statute interpreted: s. 440.03 (1)
Currently there is no uniformity concerning the collection of specimens, the transfer of specimens to testing laboratories, the integrity of the chain of custody, appropriate drug panels for medical professionals, true randomization of selection of specimen drop occasions and prompt and accurate reporting of test results for drug testing of professionals regulated by the Department. The proposed standards would insure that these variables in the testing program are minimized, thus offering greater protection to the public and greater fairness to participants. Just as important, the proposed standards require the professional to contact the testing program on a daily basis without the intermediary of counselors and therapists. This will encourage personal responsibility and avoid inefficiencies and reporting delays which often occur under the present system. Finally, the proposed standards offer the public more protection by allowing the Department to enlarge and tailor the drug testing panels in light of the special opportunities available to medical professionals for access and abuse of pharmaceuticals. It is anticipated that economies of scale will also be encouraged by this program, which will ease the cost for participants in drug screening programs.
Text of Rule
SECTION 1. RL 7.04 (1) (e) is amended to read:
RL 7.04 (1) (e) Submit random monitored blood or urine samples for the purpose of screening for alcohol or controlled substances provided by a drug testing program approved by the department, as required.
SECTION 2. RL 7.05 (1) (d) is amended to read:
RL 7.05 (1) (d) An agreement to submit to random monitored drug screens provided by a drug testing program approved by the department at the credential holder's expense, if deemed necessary by the board liaison.
SECTION 3. RL 7.06 (1) (d) is repealed.
SECTION 4. RL 7.06 (1) (e) is renumbered RL 7.06 (1) (d) and amended to read:
RL 7.06 (1) (d) The facility, through the credential holder's supervising therapist, agrees to file reports as required, including quarterly progress reports and immediate reports if a credential holder withdraws from therapy, submits a positive blood or urine screen, relapses, or is believed to be in an unsafe condition to practice.
SECTION 5. RL 7.06 (2) (d) is repealed.
SECTION 6. RL 7.06 (2) (e) is renumbered RL 7.06 (2) (d) and amended to read:
RL 7.06 (2) (d) Agrees to file reports as required to the coordinator, including quarterly progress reports and immediate reports if a credential holder withdraws from therapy, submits a positive blood or urine screen, relapses, or is believed to be in an unsafe condition to practice.
SECTION 7. RL 7.11 is created to read:
RL 7.11 Approval of drug testing programs. The department shall approve drug testing programs for use by credential holders who participate in drug and alcohol monitoring programs pursuant to agreements between the department or boards and credential holders, or pursuant to disciplinary orders. The standards for approval of drug testing programs are at Appendix II.
SECTION 8. Appendix II of Chapter RL 7 is created to read:
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