Rule-making notices
Notice of Hearing
Accounting Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Accounting Examining in ss.
15.08 (5) (b) and
227.11 (2), Stats., and interpreting s.
442.04 (3), Stats., the Accounting Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend Accy 5.04, relating to experience in public practice.
Hearing Date, Time and Location
Date: June 11, 2001
Time: 9:45 a.m.
Location: 1400 East Washington Avenue
Room 180
Madison, Wisconsin
Appearances at the Hearing:
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 June 25, 2001 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
An applicant for a certificate as a certified public accountant is required to have earned a bachelor's or higher degree with an accounting concentration or its reasonable equivalent as determined by the Accounting Examining Board. An applicant must have 1 1/2 years of accounting experience equivalent to that of a senior in public practice.
The Accounting Examining Board amends its rule on experience in public practice to require that an applicant acquire senior level experience after earning a degree with an accounting concentration or a degree that is reasonably equivalent.
Text of Rule
SECTION 1. Accy 5.04 is amended to read:
Accy 5.04 Experience in public practice. An individual must have adequate accounting experience at the level of a junior in public practice before senior experience is possible. Such junior experience normally requires approximately 1 1/2 years, thus at least 3 years of experience in public practice is normally required to earn 1 1/2 years of experience at the senior level.
Senior level experience shall be acquired after the applicant has earned a degree that qualified the applicant to take the CPA examination as described in s. Accy 3.04.
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 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 Person
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 Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearings
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed rules
to repeal ch.
ATCP 56, and to repeal and recreate ch.
ATCP 55, relating to meat and meat food products. The department will hold three hearings at the time and places shown below. The department invites the public to attend the hearings and comment on the proposed rules. Following the public hearing, the hearing record will remain open until July 6, 2001, for additional written comments.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608) 224-4726. Copies will also be available at the hearings.
Hearing impaired persons may request an interpreter for these hearing. Please make reservations for a hearing interpreter by June 12, 2001, by writing to Carol Winner, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4726. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearings are scheduled at:
Tuesday June 19, 2001, 10:00 a.m. until 2:30 p.m.
Green Bay State Office Building
200 North Jefferson Street
Room 152-A
Green Bay, WI 54301
Handicapped accessible
Wednesday, June 20, 2001, 10:00 a.m. until 2:30 p.m.
WDATCP Regional Office
3610 Oakwood Hills Parkway
Eau Claire, WI 54701-7754
Handicapped accessible
Friday, June 22, 2001, 10:00 a.m. until 2:30 p.m.
Dept. of Agriculture, Trade and Consumer Protection
Board Room
2811 Agriculture Drive
Madison, WI 53718
Handicapped accessible
Analysis Prepared by the Dept. of Agriculture, Trade and Consumer Protection
This rule repeals and recreates Wisconsin's current meat inspection rules. This rule incorporates major federal law changes affecting Wisconsin's meat inspection program, and repeals current rule provisions made obsolete by the new federal requirements. It also updates, reorganizes and clarifies current state rules.
Background
The United States department of agriculture (“USDA") administers the federal meat inspection program, which is designed to ensure that meat used for human food is safe, wholesome and properly labeled. The Wisconsin department of agriculture, trade and consumer protection (“DATCP") administers a similar meat inspection program for the state of Wisconsin. USDA provides 50% funding for Wisconsin's program. Under federal law, Wisconsin's program must be “at least equal to" the federal program.
Federal and state meat inspection programs have traditionally regulated the production and sale of meat from domesticated food animals such as cattle, swine and poultry. In recent years, they have also begun to regulate the production and sale of meat from other animals, such as farm-raised deer, ratites, captive game animals and captive game birds. The federal program regulates meat sold in interstate commerce. The state program focuses on meat produced and sold within Wisconsin, often by smaller meat establishments.
Animals must be slaughtered subject to state or federal inspection if their meat is sold for human consumption. Slaughter inspection includes ante mortem inspection of live animals and post mortem inspection of carcasses. Slaughter and processing operations must comply with sanitation standards. Meat must bear official inspection marks or legends, and must comply with other labeling requirements.
Federally inspected meat may be sold between states. State-inspected meat may be sold in Wisconsin, but federal law prohibits the sale of state-inspected meat to other states. This prohibition does not apply to state-inspected meat from captive game.
Congress and USDA recently overhauled the entire federal meat inspection program. They replaced the old system, based mainly on visual inspection, with a new “hazard analysis critical control point" (HACCP) system that includes pathogen testing. Wisconsin's meat inspection program must conform to the new federal standards. In the last biennial budget act (
1999 Wis. Act 9), the Wisconsin legislature incorporated the new federal standards by reference under s.
97.42 (4m), Stats.
This rule repeals and recreates DATCP's current meat inspection rules, based on the new federal requirements. It also reorganizes and clarifies current rules. This rule updates current rules related to meat establishment licensing, slaughter inspection, slaughter and processing standards, custom slaughter and processing, mobile custom slaughter and processing, meat labeling, and the production of meat from non-traditional sources such as captive game animals and captive game birds.
Rule Contents
Coverage
This rule applies to persons who slaughter animals for human consumption, or who process, store, transport, sell or distribute meat for human consumption. But this rule does not apply to any of the following:
• Restaurants, vending machine commissaries or catering establishments, regulated by the Wisconsin department of health and family services or its agents, that sell meat only in meals that they serve.
•Federally inspected slaughter or processing establishments.
• Persons slaughtering their own animals, or processing or transporting their own meat, for their own personal or household consumption.
Definitions
This rule defines some important terms used in the rule, including the following:
• “Food animals" means all the following:
□ “Domesticated food animals." This includes cattle, swine, poultry (domesticated chickens, turkeys, geese, ducks, guinea fowl and squab), sheep, goats, farm-raised deer (not captive white-tail deer) and horses.
□“
Ratites." This includes ostriches and emus.
□
“Captive game animals." This includes bison, white-tail deer and other animals of a normally wild type that are produced in captivity for slaughter and consumption. It does not include farm-raised deer, ratites, captive game birds, fish, or game animals kept solely for hunting purposes at a hunting preserve.
□
“Captive game birds." This includes farm-raised game birds, such as pheasants, quail, wild turkeys, waterfowl and exotic birds, which are produced in captivity for slaughter and consumption. It does not include poultry or ratites. Nor does it include game birds kept solely for hunting purposes in a hunting preserve.
•“Meat" means the edible muscle and other edible parts of a food animal.
•“
Meat establishment" means an establishment used to slaughter food animals for human consumption, or to process the meat of food animals for human consumption.
• “Custom slaughter" or “custom processing" means slaughter or processing services provided to an individual who already owns the affected food animal or meat, and who uses the resulting meat products solely for his or her personal or household consumption. The service provider does not sell meat to the service recipient, but merely provides a service for hire.
• “Mobile custom slaughter" or “mobile custom processing" means custom slaughter or processing services provided at the recipient's premises (typically a farm), rather than at a meat establishment.
Licensed Meat Establishments
This rule clarifies current meat establishment licensing requirements. Under this rule, no person may operate a meat establishment without a current annual license from DATCP. But no license is required for any of the following:
• Federally inspected slaughter or processing operations.
• Mobile custom slaughter or mobile custom processing operations. A person engaged in mobile custom slaughter or mobile custom processing operations must hold an annual registration certificate from DATCP (see below) if the person does not hold a meat establishment license.
• The custom slaughter or custom processing of captive game animals or captive game birds.
• A farmer who slaughters and processes, for sale at his or her farm, not more than 1,000 poultry per year produced on that farm. The poultry must be labeled “NOT INSPECTED."
•A retail establishment that processes meat primarily for sale to consumers at the retail establishment, provided that all the following apply:
□ The retail establishment is not engaged in slaughter operations.
□ The retail establishment sells its processed meat only to consumers at the retail establishment, or to restaurants or institutions for use in meals served at those restaurants or institutions.
□ The retail establishment's sales of its processed meat to restaurants or institutions do not exceed $28,800 annually, or 25% by dollar volume of its total annual meat sales, whichever amount is less.
□ The retail establishment receives meat only from state licensed or federally inspected meat establishments.
□ The retail establishment does not combine meat from different species for sale to restaurants or institutions.
□ The retail establishment does not cure, smoke, season, can or cook any meat for sale to restaurants or institutions.
Meat Establishment License Fees
This rule clarifies current meat establishment licensing procedures, and incorporates current license fees without change. A meat establishment operator must pay an annual license fee of $200, except that the annual fee is $80 if the license holder is solely engaged in custom slaughter or custom processing operations.
Meat Establishments Processing Wild Game
Generally speaking, a meat establishment may not slaughter or process animals other than food animals. However, a meat establishment may custom process legally harvested wild game (such as legally hunted white-tail deer) for the game owner if all the following apply:
•The meat establishment operator notifies DATCP. DATCP may restrict wild game processing that is incompatible with the slaughter or processing of food animals at the same establishment.
•The operator accepts only clean and apparently wholesome wild game carcasses for custom processing.
•The operator, when custom processing wild game, complies with processing, labeling and record keeping requirements applicable to the custom processing of food animals. Among other things, the operator must label all of the resulting wild game products “NOT FOR SALE."
•The operator processes wild game only at times when the operator is not slaughtering or processing food animals.
•
The operator cleans and sanitizes equipment used to process wild game before using that equipment to slaughter or process food animals.
•The operator keeps wild game and wild game products separate from all other meat and meat food products in the meat establishment.
•The operator clearly labels wild game products, so they cannot be confused with other meat or meat food products. Wild game products must be clearly identified by species.
•
The operator handles, processes and stores wild game and wild game products in a manner that prevents contamination of other meat and meat food products.
Slaughter Inspection Required
Under this rule, no person may sell any meat from any food animal unless the animal is slaughtered subject to state or federal inspection. This does not apply to any of the following:
• Custom slaughtering or custom processing (because there is no sale of meat).
• A poultry farmer selling meat from not more than 1,000 of his or her poultry each year, provided the poultry are labeled “NOT INSPECTED."
• Captive game animals or captive game birds for which no inspection standards exist. This exemption is very limited, because DATCP and USDA have established inspection standards for most captive game animals and captive game birds.
Federal law prohibits the sale of state-inspected meat to other states. But this prohibition does not apply to state-inspected meat from captive game animals, captive game birds or farm-raised deer.
Slaughter Inspection Services
DATCP provides slaughter inspection services only to licensed meat establishments. A meat establishment operator requesting inspection services must specify a proposed slaughter schedule. In order to use its inspection staff most efficiently, DATCP may require a different schedule. The operator may not deviate from the established schedule without DATCP approval.
Ante mortem and post mortem slaughter inspections must be performed at a licensed meat establishment, except that DATCP may agree to perform a field ante mortem inspection on any of the following:
• Apparently healthy farm-raised deer or
captive game animals that cannot be safely or humanely transported to a licensed meat establishment for ante mortem inspection.
• Apparently healthy domesticated food animals, if special circumstances prevent the transportation of those animals to a licensed meat establishment for ante mortem inspection.
DATCP may not perform field ante mortem inspections of diseased animals, or animals that cannot stand or walk. Ante mortem inspections of those animals must be performed at properly equipped meat establishments (see below).
Slaughter Inspection Charges
DATCP will provide slaughter inspection services without charge to a licensed meat establishment operator, except that DATCP will charge the operator for the inspection services if any of the following apply:
• The inspection pertains to a captive game animal or captive game bird.
• DATCP performs the inspection outside the operator's normal slaughter schedule, before 6 AM or after 6 PM, or on a Saturday, Sunday or holiday. DATCP will also charge for any inspection hours that exceed 40 hours per week.
If a meat establishment operator is required to pay for slaughter inspection services, DATCP will bill uniform hourly charges based on DATCP's statewide average cost to provide such services. DATCP may charge higher amounts for inspections that must be performed by veterinarians (see below). DATCP must give 30 days prior notice before increasing inspection charges.
A meat establishment operator must notify DATCP if a DATCP inspector fails to appear for a scheduled slaughter inspection. DATCP must provide another inspector as soon as possible, so that slaughter may proceed in a timely manner. DATCP may withdraw slaughter inspection for cause, including violations of this rule. An operator may not conduct slaughter operations without inspection, if inspection is required by this rule.
Ante Mortem Inspection
This rule spells out procedures for ante mortem inspections. If a DATCP inspector performing an ante mortem inspection suspects that the animal has a disease or condition that may cause it to be condemned on post mortem, the inspector must withhold the suspect animal from slaughter pending further inspection by a DATCP veterinarian. If the veterinarian finds that the suspect animal is not fit for slaughter, the veterinarian must do one of the following:
• Condemn the animal.
• Withhold the animal from slaughter pending treatment, if the animal's condition can be corrected by treatment.
If DATCP agrees to perform a field ante mortem inspection at a place other than a licensed meat establishment (see above), the inspector must observe the live animal in the field, in motion and at rest. If an animal passes a field ante mortem inspection, the meat establishment operator may stun and bleed the animal in the field. The operator must bleed the animal immediately after stunning, and must transport the carcass to a licensed meat establishment for post mortem inspection and processing.
Post Mortem Inspection
This rule spells out post mortem inspection procedures:
• Post mortem inspections of
domesticated food animals, other than poultry, must comply with federal procedures under
9 CFR 310. Procedures for farm-raised deer are the same as for sheep.
• Post mortem inspections of
poultry and
captive game birds must comply with
9 CFR 381.
• Post mortem inspections of
captive game animals must comply with
9 CFR 310. Post mortem inspection procedures for bison are the same as for cattle. DATCP may specify inspection procedures for other captive game animals, as appropriate.
Slaughter Inspection Marks
A DATCP inspector must apply or supervise the application of an official inspection mark to each part of a carcass that the inspector finds, upon slaughter inspection, to be wholesome and fit for human food.
• For
domesticated food animals (other than farm-raised deer) and for ratites (ostriches and emus), the mark consists of an outline map of Wisconsin enclosing the words “WIS. INSPECTED AND PASSED," the inspector number and the meat establishment license number.
• For farm-raised deer, captive game animals and captive game birds, the mark consists of an equilateral triangle containing the meat establishment license number.
If a DATCP inspector finds that any part of a carcass is unwholesome or unfit for human food, the inspector must mark that part “WIS. INSPECTED AND CONDEMNED." An inspector may also mark a suspect carcass “RETAINED" pending further inspection.
Slaughter and Processing Standards; General
This rule incorporates federal slaughter and processing standards by reference, and repeals state standards that are obsolete or duplicative. This rule keeps Wisconsin's program consistent with the federal program, as required by federal law and s.
97.42 (4m), Stats. Federal standards include HACCP and pathogen testing requirements.
Under this rule, slaughtering and processing operations (other than mobile custom slaughter or mobile custom processing operations) must comply with the following standards:
• Persons slaughtering or processing
domesticated food animals, other than poultry, must comply with applicable federal standards under
9 CFR 307 to
311,
313 to
315,
317,
319,
416 and
417.
• Persons slaughtering or processing
poultry or
captive game birds must comply with applicable federal standards under
9 CFR 381 subparts G, H, I, J, K, L, O and P, and
9 CFR 416 and
417. There is an exception for farmers who slaughter and process not more than 1,000 of their own poultry annually, if the processed poultry are labeled “NOT INSPECTED."
• Persons slaughtering or processing
ratites (ostriches or emus) must comply with applicable federal standards under
9 CFR 307 to
311,
313 to
315,
317,
319,
416 and
417.
• Persons slaughtering or processing captive game animals must do so in a humane and sanitary manner. If a captive game animal is slaughtered for sale subject to DATCP inspection, the slaughter must comply with procedures specified by DATCP.
Diseased or Injured Animals; General
A person may not slaughter a food animal for human consumption, or submit a food animal for slaughter for human consumption, if the person knows or has reason to know that the animal is diseased or injured. But this prohibition does not apply to any of the following:
•
A slaughter inspected by DATCP or USDA.
• The custom slaughter of an animal injured within 24 hours prior to slaughter, if the animal is otherwise healthy. The animal owner must certify (see below) that the animal was injured within 24 hours prior to slaughter, and is not diseased.
• The custom slaughter of an animal injured more than 24 hours prior to slaughter, if the animal is otherwise healthy and all the following apply:
□ The animal owner certifies that the animal is injured, not diseased (see below).
□ A practicing veterinarian performs an ante mortem and post mortem inspection on the slaughtered animal.
Diseased or Injured Animals; Owner Certification
If a person submitting a food animal for slaughter for human consumption knows or has reason to know that the animal is diseased or injured, that person must sign and submit with that animal a written statement certifying all the following:
• The name and address of every person who has had custody of the animal in the last 30 days.
• The nature of each known or suspected disease or injury.
• The date and cause of each injury, if known.
• The date on which the animal became incapable of standing or walking, if the animal cannot stand or walk.
• All drugs given to the animal in the last 30 days, and the last date on which each drug was given.
Animals that Cannot Stand or Walk
A person may not slaughter for human consumption, or submit for slaughter for human consumption, a food animal that cannot stand or walk without assistance. But this prohibition does not apply to any of the following:
• An animal slaughtered at a licensed meat establishment, subject to DATCP inspection. The meat establishment must be properly equipped to handle animals that cannot stand or walk, and a DATCP veterinarian must perform the ante mortem and post mortem inspection.
• A slaughter performed at a meat establishment inspected by USDA.
• The mobile custom slaughter of an injured (not diseased) animal, if the slaughter complies with this rule. The animal owner must certify (see above) that the animal is merely injured, not diseased. If the animal was injured more than 24 hours prior to slaughter, a licensed practicing veterinarian must perform an ante mortem and post mortem inspection.
An animal that cannot stand or walk must be treated humanely. A meat establishment operator must have proper equipment for moving the animal humanely. A DATCP veterinarian inspecting the slaughter may order the animal held for up to 24 hours for further observation. If the animal has been treated with drugs for which the prescribed withdrawal time has not elapsed, the DATCP veterinarian must condemn the animal or hold it until the withdrawal time elapses.
Carcasses and Meat Received for Processing
A meat establishment operator must examine all carcasses and meat received for processing at a meat establishment. An operator may not receive, into any processing or storage area, any unclean or apparently unwholesome carcass or meat.
A meat establishment operator may not process any meat produced by the custom slaughter of a diseased animal. An operator may custom process meat produced by the custom slaughter of an injured (not diseased) food animal if one of the following applies:
• The animal was injured within 24 hours prior to slaughter.
•
A licensed practicing veterinarian performs an ante mortem and post mortem inspection of the slaughtered animal, and certifies that the meat is wholesome.
Condemned Animals and Meat
No person may slaughter, for human consumption, a food animal condemned by DATCP. If DATCP condemns a food animal on ante mortem inspection, the meat establishment operator must kill the animal and inject it with denaturant to make it inedible.
No person may process or sell, for human consumption, any meat condemned by DATCP. A meat establishment operator must denature or de-characterize the condemned meat so it is no longer edible. Containers used for condemned meat must be conspicuously marked “INEDIBLE."
Humane Slaughter
Persons slaughtering food animals must use humane methods. This rule specifies some humane slaughter methods, and requires meat establishment operators to handle animals humanely pending slaughter.
Slaughter and Processing Records
A person who slaughters any food animal for human consumption, or who processes the meat of any food animal for human consumption, must keep records including:
• The date and time of slaughter or processing.
• The number and type of animals slaughtered, and the disposition of the carcasses.
• The type and amount of meat processed, and the disposition of that meat.
• Certificates signed by persons submitting diseased or injured animals for slaughter (see above).
The person must keep the records for at least 3 years, and make the records available for inspection and copying by DATCP upon request. This rule does not require a meat establishment operator to duplicate slaughter records kept by a DATCP inspector at that meat establishment.
Custom Slaughter and Processing
A person providing a custom slaughter or custom processing service must do all the following:
• Hold an annual meat establishment license if required (see above).
• Hold an annual registration certificate if engaged in mobile custom slaughter or mobile custom processing (see below). A licensed meat establishment operator is not required to hold a mobile registration certificate.
• Comply with applicable slaughter and processing standards (see above).
• Label all the resulting meat products “NOT FOR SALE," and return them to the service recipient. Products must also be labeled with the service provider's name, license number or registration number.
• Comply with applicable requirements related to mobile custom slaughter or mobile custom processing (see below) if the person provides mobile custom services.
• Conduct custom slaughter and processing operations in a humane and sanitary manner.
• Keep records required under this rule.
Mobile Custom Slaughter and Processing
A person providing mobile custom slaughter or mobile custom processing services must do all the following:
• Comply with applicable requirements related to custom slaughtering and processing (see above).
• Hold an annual registration certificate from DATCP unless the person holds an annual meat establishment license (see above). A person must apply for an annual certificate in writing, on a form provided by DATCP. There is no charge for the registration certificate.
Mobile custom slaughter and processing operations must be clean and sanitary. Equipment must be of sanitary design, and must be kept in clean and sanitary condition. Meat contact surfaces of equipment and utensils must be cleaned and sanitized after each use, and more often as necessary. Personnel must follow proper sanitation practices. There must be an adequate supply of water to clean carcasses and equipment.
A person performing a mobile custom slaughter must return the resulting meat to the service recipient at the slaughter site, except that the service provider may transport a carcass to a licensed meat establishment for custom processing. Carcasses must be transported in a sanitary manner.
A person providing mobile custom slaughter or processing services must file a monthly report with DATCP. The report must include all the following:
• The name and address of each service recipient.
• The number and type of animals slaughtered for each service recipient.
• The date of each slaughter.
• The disposition of each carcass. If a carcass is transported to another location for further processing, the report must identify that location.
Labeling Inspected Meat
A meat establishment operator who processes DATCP-inspected meat must label the resulting meat products with a state inspection legend. The inspection legend normally consists of an outline map of Wisconsin enclosing the words “WIS. INSPECTED" and the meat establishment number. However, an equilateral triangle is used instead of a Wisconsin outline map if the meat comes from farm-raised deer, captive game animals or
captive game birds.
Federal law prohibits the sale of state-inspected meat (meat required to bear a Wisconsin outline inspection legend) to other states. But this prohibition does not apply to state-inspected meat from farm-raised deer, captive game animals or captive game birds (meat required to bear a triangular inspection legend).
Meat Labeling; General
Meat must be labeled according to this rule and ch.
ATCP 90 (fair packaging and labeling). Meat and meat food products offered for sale must be labeled with all the following:
• The name of the meat or meat food product.
• The net weight of the meat or meat food product.
• The name and address of the processor or distributor.
• A state or federal inspection legend, if required (see above).
• An ingredient statement if the product contains 2 or more ingredients.
• Safe handling instructions if required under
9 CFR 317.2(l).
• Appropriate statements identifying perishable products.
No person may sell any misbranded meat or make any false, deceptive or misleading representation in connection with the sale of meat. No person may misrepresent the identity of any meat product. Product identification must comply with standards of identity contained in
9 CFR 319.
This rule prohibits a person from doing any of the following:
• Applying any false mark, legend or label to meat.
• Misrepresenting that meat has been inspected, or misrepresenting inspection findings.
• Misrepresenting that meat has been processed at a licensed meat establishment, or is derived from carcasses inspected and passed by DATCP.
• Counterfeiting or misusing any meat inspection mark, label or marking device.
• Wrongfully removing a required mark or label from meat.
• Selling, transporting or storing improperly marked or labeled meat.
Meat Labels; Pre-approval
This rule eliminates the current requirement for DATCP pre-approval of meat labels, unless one of the following applies:
• The meat label makes health, quality or nutritional claims.
• The meat is derived from captive game animals or captive game birds.
• The meat label makes claims related to organizational membership or standards.
Meat Formulas
Under this rule, as under current law, DATCP must pre-approve meat product formulas for compliance with applicable requirements related to food safety and standards of identity.
Transporting Meat
Under this rule, a person must transport meat in a manner that keeps the meat wholesome and unadulterated. The internal temperatures of refrigerated products may not exceed 40° F. at the time of delivery. Transportation vehicles and facilities must be adequate to ensure proper sanitation and food safety, and must be kept in clean and sanitary condition.
Meat Brokers and Distributors
A “meat broker" is a person who, without taking title to meat, arranges the purchase or sale of meat. A “meat distributor" is a person who distributes meat at wholesale. Under this rule, as under current law, meat brokers and meat distributors must hold an annual registration certificate from DATCP. Meat brokers and distributors must apply in writing, on a form provided by DATCP. There is no fee.
Prohibited Practices
This rule prohibits a person from doing any of the following:
• Processing or selling, for human consumption, any unwholesome, adulterated or misbranded meat.
• Slaughtering any food animal, for human consumption, under unsanitary conditions.
• Processing, storing, handling, transporting or selling meat or meat food products, for human consumption, under unsanitary conditions.
• Making any false, deceptive or misleading statement, when submitting a food animal for slaughter, related to any of the following:
□The ownership, identity, origin or health status of the animal.
□The administration of any drug to the animal.
□The intended use of meat from the animal.
• Obstruct a DATCP employee performing his or her duties. Obstruction may include physical interference, verbal or physical abuse, threatening behavior or communications, or refusal to carry out legitimate directives.
Holding Orders, Condemnation Orders and Correction Orders
Under this rule, as under current law, an authorized DATCP employee may issue a holding order to prevent the sale or movement of suspect meat pending further examination to determine whether the meat is unwholesome, adulterated or misbranded. A holding order remains in effect for 14 days unless lifted. A holding order may be extended for up to 14 days.
Under this rule, as under current law, an authorized DATCP employee may issue an order condemning unwholesome, adulterated or misbranded meat if the owner or custodian cannot correct the problem or fails to do so.
Under this rule, as under current law, an authorized DATCP employee may issue an order requiring a person to correct unsanitary conditions and other law violations related to meat. DATCP may also prohibit the use of unsanitary equipment and utensils. An authorized DATCP employee may “tag" unsanitary equipment or utensils to prohibit their use.
Investigation and Enforcement
This rule refers to, but does not change, DATCP's current enforcement authority. DATCP may conduct inspections and other investigations to determine compliance with this rule. DATCP may exercise its authority under chs.
93 and
97, Stats., in support of its inspections and investigations. DATCP may deny, suspend or revoke a license or registration certificate for cause. DATCP may also prosecute violators in court (penalties are provided by statute).
Administrative Appeals
A person may ask DATCP to reconsider any of the following actions:
• The denial of any application for a license or registration certificate.
• Ante mortem or post mortem inspection findings.
• A holding order, condemnation order or correction order.
• A decision to deny, limit or withdraw slaughter inspection services.
• Slaughter inspection billings.
Whenever DATCP receives a request for reconsideration, DATCP must hold a prompt informal conference with the requester. Alternatively, if the matter concerns a slaughter inspection finding by an inspector who is not a veterinarian, DATCP may have a veterinarian review the inspector's finding. If the requester's dispute is not resolved, the requester may seek a “contested case" hearing under ch.
227, Stats., and ch.
ATCP 1.
Fiscal Estimate
This proposed rule change merges two existing rules and incorporates changes made in ch.
97, Stats. by 1999 Assembly Bill 133 which incorporated several sections of 9 CFR, the USDA Meat and Poultry Inspection rules and requirements. These changes include the following: eliminate prior approval for most labels, retain prior approval for formulas, include requirements for SSOP and HACCP, incorporate existing policies on game birds and animals as well as ratites, and eliminate language made redundant or conflicting with language adopted from 9 CFR into ch.
97, Stats.
The department anticipates no adverse financial impact on either the department or the regulated industry since the requirements for HACCP plans, SSOPs, and the associated records have already been implemented since January 2000, by the change to ch.
97, Stats. There should be no additional costs incurred by this proposed rule merger, since it only reflects and clarifies the situation that exists and will require only the one-time costs associated with the rulemaking of approximately $1000, consisting of printing, mailing and costs associated with holding hearings.
Initial Regulatory Flexibility Analysis
This rule will not, by itself, have a major impact on small business. This rule merely implements state and federal law changes that have already been enacted. This rule also recodifies existing requirements, so they will be easier to read and understand. DATCP currently licenses, registers, and inspects about 500 meat and poultry establishments, mobile slaughterers, mobile processors and meat distributors. The establishments range from very small one and two-person operations to multi-product operations that manufacture and wholesale substantial amounts of meat and poultry products.
This rule incorporates current federal requirements under 9 CFR sections 307 to 311, 313 to 315, 317 to 319, 416, 417, and 381 subparts G, H, I, K, L, O and P. This is required by s.
97.42 (4m), Wis. Stats. and federal law, so that Wisconsin's meat inspection program will be “equal-to" the federal program.
These federal requirements will have negligible impact at this time because most have already been implemented in Wisconsin meat establishments. This rule does not require any additional plans, procedures or records.
This rule does all the following:
• Incorporates federal rules requiring hazard analysis and critical control point (HACCP) plans and pathogen testing at meat establishments.
• Updates current rules and eliminates obsolete rules.
• Eliminates the need for prior approval of most meat labels.
• Continues to require prior approval of meat product formulations.
• Clarifies the requirements for the slaughter and processing of ratites, captive game birds and captive game animals.
These federal requirements have already been implemented in Wisconsin, and this rule imposes no additional testing or recordkeeping requirements. The department has already provided training to Wisconsin meat establishments to help them implement the new federal requirements that are incorporated, by reference, in this rule.
This rule will have a negligible impact on small business. It should not be necessary for licensed establishments to retain the services of a HACCP consultant, a bookkeeper or an attorney to comply with this rule.
Notice of Hearings
Commerce
(Fire Department Safety and Health, Ch.
Comm 30)
NOTICE IS HEREBY GIVEN that pursuant to s.
101.055 (3), Stats., the Department of Commerce announces that it will hold public hearings on proposed rules relating to fire department safety and health.
The public hearings will be held as follows:
Date and Time
|
Location
|
Tuesday, June 5, 2001
|
Room 3B, Thompson
Commerce Center
201 W. Washington Avenue
Madison
|
Friday, June 8, 2001
|
Room 105, Eau Claire State Office Building
718 W. Clairemont Avenue
Eau Claire
|
Interested persons are invited to appear at the hearings 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 June 22, 2001, 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. Written comments should be submitted to Ronald Acker, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.
These hearings are 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 (608) 264-8777 (TTY) 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.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings
Division website at:
www.commerce.state.wi.us/SB/SB-HomePage.
Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Analysis of Proposed Rules
The Department of Commerce is responsible for adopting standards to protect the safety and health of public employees in the state of Wisconsin. The adopted standards must provide protection at least equivalent to that afforded to private sector employees under standards administered and enforced by the federal Occupational Safety and Health Administration (OSHA).
Chapter
Comm 32 currently contains general safety and health standards for all public sector employees, and ch.
Comm 30 contains additional safety and health standards for public sector fire department employees. The proposed rules consist of revisions in ch.
Comm 30.
The purpose, scope and application of ch.
Comm 30 are revised in order to clarify the coverage of the chapter and the relationship of ch.
Comm 32. All of the NFPA standards incorporated by reference in ch.
Comm 30 are updated to the current editions, and the rules for protective clothing and equipment are revised to reflect the new NFPA standard on protective ensemble for structural fire fighting.
The rule for the rescue of members is revised by clarifying the activities that the back-up team members may perform at the fire scene. The rule relating to the physical and medical capabilities of fire fighters is revised by requiring the employer, rather than the fire chief, to assure that fire fighters are physically capable of performing assigned duties. The proposed rules also include a new subchapter in order to clarify the ch.
Comm 32 requirements that apply to several miscellaneous emergency operations performed by fire departments.
The proposed rules have been developed with the assistance of the Fire Department Safety and Health Advisory Council. The members of that citizen advisory council are as follows:
Name
|
Representing
|
Todd Blaser
|
Fire & EMS Legislative Leadership Coalition
|
Michael Drury
|
Professional Fire Fighters of Wisconsin
|
John W. Fulcher
|
Wisconsin Society of Fire Service Instructors
|
Steven Krause
|
Wisconsin State Fire Fighters Assn.
|
Tim McGrath
|
Wisconsin State Fire Chiefs Assn. (Career Dept.)
|
Randy Pickering
|
Wisconsin State Fire Chiefs Assn. (Combination Dept.)
|
Carl Weber
|
Wisconsin State Fire Chiefs Assn. (Volunteer Dept.)
|
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 exists. 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 not affect any small businesses as defined in section
227.114 (1)(a), Stats. The proposed rules apply to public sector employers and employees.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Not applicable.
3. Types of professional skills necessary for compliance with the rules.
Not applicable.
Fiscal Estimate
The Safety and Buildings Division currently administers and enforces the provisions of ch.
Comm 30 as part of the public sector safety and health program. The proposed rules update and clarify the existing administrative rules now being enforced, and there are no new requirements to affect costs or revenues. Therefore, the proposed rules will not have any fiscal effect on the Division or on local governments.
Notice of Hearing
Health and Family Services
(Community Services, Chs.
HFS 30-)
NOTICE IS HEREBY GIVEN that, pursuant to ss.
46.056 (1) and
227.11 (2), Stats., the Department of Health and Family Services will hold a public hearing on the proposed order of the department creating ch.
HFS 95 relating to the use of force to prevent escapes and to capture escaped persons under ch.
980, Stats., and to provide security at facilities housing such persons.
Hearing Information
The public hearing will be held:
Date and Time
|
Location
|
May 30, 2001
Wednesday
Beginning at 10:30 a.m.
|
Conference Room B-145
State Office Building
1 West Wilson Street
Madison, WI
|
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Dept. of Health and Family Services
This order creates rules to guide the use of force to prevent escapes and capture escaped persons under ch.
980, Stats., and to provide security at facilities housing such persons.
1999 Wisconsin Act 9 created s.
46.058, Stats. That law requires the department to establish rules to define the use of "necessary and appropriate force" in relation to preventing escapes and in pursuing and capturing persons detained at or committed under ch.
980, Stats., who have escaped. This order complies with that statutory requirement.
In addition to defining the use of force in such circumstances, this order sets forth standards for the appropriate use of force in order to provide security at facilities housing such persons. Use of force is sometimes required to prevent injuries, regain control of parts of a facility, control disruptive persons, or prevent property damage. This order requires the adoption of policies and procedures to ensure that only so much force is used as is necessary under the circumstances.
This order also sets forth criteria for the use of firearms and incapacitating agents. Proper and ongoing training is required.
Contact Person
To find out more about the hearing or to request a copy of the proposed rules, please write or phone:
Linda Harris
Division of Care and Treatment Facilities
P.O. Box 7851, Room 850
Madison, WI 53707-7851
(608) 267-7909 or,
if you are hearing impaired, (608) 266-1511 (TTY)
To comment on or discuss the content of the proposed rule, please e-mail or phone:
James Yeadon
Division of Care and Treatment Facilities
P.O. Box 7851, Room 850
Madison, WI 53707-7851
(608) 266-5525 or,
if you are hearing impaired, (608) 266-1511 (TTY)
If you are hearing or visually impaired, do not speak English, or have other personal 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 on the proposed rule received at the above address no later than June 6, 2001, will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
This rule governs the use of force to prevent escapes or to capture escaped persons under ch.
980, Stats., and to provide security at facilities housing such persons. This affects the Wisconsin Resource Center and the Sand Ridge Secure Treatment Center. The affected facilities will be required to use force under certain circumstances, with or without this rule, and any costs associated with the use of force will be absorbed within existing resources at Wisconsin Resource Center and Sand Ridge Secure Treatment Center. This rule merely sets parameters for the use of force under certain circumstances and for other security matters. Any fiscal effect as a result of this rule will be positive rather than negative. By having rules in place for the use of force, when such use becomes necessary, the state's potential civil liability will likely be reduced.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats.
Notice of Hearing
Nursing
Hearing Date, Time and Location
Date: June 1, 2001
Time: 8:30 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing:
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 June 18, 2001 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statute interpreted: s.
441.50, Stats.
By
1999 Wisconsin Act 22, the Wisconsin legislature adopted the Nurse Licensure Compact, by which nurses licensed and residing in one compact state may practice in another compact state without a separate license. Under the Compact, nurses residing in a compact state may be licensed in only one compact state, and that state must be their state of residence. While the Compact creates a practice privilege for registered nurses and licensed practical nurses in all compact states, there is no corresponding practice privilege for advanced practice nurse prescribers (APNPs). APNPs are licensed or certified in each state where they practice regardless of whether their state of practice is a compact state. Accordingly, in order for an APNP who resides and is licensed in another compact state to practice as an APNP in Wisconsin, he or she must be certified as an APNP in this state. The current requirement for certification in Wisconsin is that the applicant be licensed as an RN in this state. That is an impossible condition under the compact, again because a nurse may be licensed in only one compact state, and that state must be the nurse's state of residence. This suggested amendment to the rule would suspend the requirement that the applicant for APNP certification be licensed in Wisconsin if he or she is duly licensed as an RN in another compact state.
Text of Rule
SECTION 1. N 4.03 (3) is amended to read:
N 4.03 (3) Is currently licensed to practice as a professional nurse in Wisconsin, or is currently licensed to practice professional nursing in another state which has adopted the interstate nursing compact.
SECTION 2. N 4.04 (1) (d) and (3) are amended to read:
N 4.04 (1) (d) Identification of current licensure as a professional nurse in Wisconsin, to include licensure or of current licensure in another state which has adopted the interstate nursing compact, including the license number and renewal information.
(3) Renewal of a license to practice nurse-midwifery shall be conducted as a separate procedure from the renewal of the nurse's license as a professional nurse; however the time for renewal of each license shall be the same. The applicant for renewal shall inform the board whether the license [certificate] issued to him or her by the American college of nurse-midwives has been revoked or suspended.
SECTION 3. N 4.04 (4) is created to read:
N 4.04 (4) The applicant for renewal shall inform the board whether the certificate issued to him or her by the American college of nurse-midwives has been revoked or suspended.
SECTION 4. N 8.02 (1) (a) is amended to read:
N 8.02 (1) (a) The registered nurse has a current license to practice professional nursing in this state, or has a current license to practice professional nursing in another state which has adopted the interstate nursing compact;
SECTION 5. N 8.03 (1) is amended to read:
N 8.03 (1) Has a current license to practice as a professional nurse in this state or has a current license to practice professional nursing in another state which has adopted the interstate nursing compact.
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 Person
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 Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Nursing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Board of Nursing in ss.
15.08 (5) (b),
227.11 (2) and
441.01 (3), Stats., and interpreting ss.
441.01 (3) and
(4),
441.05,
441.06 (1) and
441.10 (3) (d), Stats., the Board of Nursing will hold a public hearing at the time and place indicated below to consider an order to repeal N 2.03 (1) (d) and (2) (d), 2.04 (1) (b) and (5), 3.04 (1) (a) and (b), (5) and (6) and 3.05 (2) (b) and (c); to renumber N 3.04 (7); to renumber and amend N 2.04 (1) (intro.) and (1) (a), 3.04 (2), (3), (4) and 3.05 (2) (a); to amend N 2.02 (2), 2.03 (1) (c), (2) (c), 2.04 (2), (5) and (6) and 3.04 (1) (intro.); to repeal and recreate N 3.03; and to create N 3.04 (1) (c), relating to board-approved schools, application procedures and licensure by endorsement.
Hearing Date, Time and Location
Date: June 1, 2001
Time: 8:30 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing:
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 June 18, 2001 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Section 1 further defines “board-approved school" to include institutions located in the United States, a U.S. territory, or a province of Canada. Sections 2 and 4 relate to applicants who graduate from a school other than a board-approved school, including that if an applicant graduates from a school other than a board-approved school, are required to demonstrate English competency prior to admission to the NCLEX. Sections 8 and 10 also relate to schools other than board approved schools.
Sections 3 and 5 repeal sections as a result of the amendments made in Sections 1, 2 and 4. Section 6 amends s.
N 2.04 as a result of the renumbering of that section.
Section 7 repeals rules relating to photographs for identification purposes as this is no longer a requirement.
Section 11 repeals and recreates s.
N 3.03, qualifications for endorsement. The endorsement rules currently tend to be confusing, with some provisions unclear, and others superfluous. Therefore, the board repeals and recreate the rules relating to endorsement.
Text of Rule
SECTION 1. N 2.02 (2) is amended to read:
N 2.02 (2) “Board-approved school" means an institution located in the United States, a U.S. territory, or a province of Canada which has a school, college, program or department of nursing which meets standards of the board or holds accreditation by a board-recognized nursing accreditation agency.
SECTION 2. N 2.03 (1) (c) is amended to read:
N 2.03 (1) (c) Has graduated from a board-approved school of professional nursing. An applicant who has graduated from a school of professional nursing other than a board-approved school shall be required to take and satisfactorily complete a board-approved qualifying examination prior to admission to the NCLEX.
SECTION 3. N 2.03 (1) (d) is repealed.
SECTION 4. N 2.03 (2) (c) is amended to read:
N 2.03 (2) (c) Has graduated from a board-approved school of practical nursing; and An applicant who has graduated from a school of practical nursing other than a board-approved school shall be required to demonstrate English competency prior to admission to the NCLEX.
SECTION 5. N 2.03 (2) (d) is repealed.
SECTION 6. N 2.04 (1) (intro.) and (1) (a) are renumbered N 2.04 (1) and amended to read:
N 2.04 (1) Each applicant shall file with the bureau a completed, notarized application on forms provided by the bureau. The application shall include: (a) Signature the signature of the applicant;.
SECTION 7. N 2.04 (1) (b) is repealed.
SECTION 8. N 2.04 (2) and (5) are amended to read:
N 2.04 (2) Nursing schools outside of the United States Schools of professional nursing other than board-approved schools shall forward, directly to the bureau, official transcripts of nursing education for applicants who were graduated from the school. The bureau may accept certified credentials directly from the commission on graduates of foreign nursing schools attesting to receipt of the original transcript or documentation of the applicant's nursing education directly from the school of nursing.
SECTION 9. N 2.04 (5) is repealed.
SECTION 10. N 2.04 (6) is amended to read:
N 2.04 (6) An applicant who has graduated from a school of professional nursing outside the United States
other than a board-approved school shall submit a valid certificate issued by the commission on graduates of foreign nursing schools(CGFNS).
SECTION 11. N 3.03 is repealed and recreated to read:
N 3.03 Qualifications for endorsement. (1) REGISTERED NURSE APPLICANT. (a) A registered nurse holding a license in another state, U.S. territory or province of Canada, or a registered nurse who has held a current license in a compact state within the 5 years prior to application, who has graduated from a board approved school of professional nursing may become licensed in Wisconsin provided the applicant meets all of the following:
2. Has passed the national council licensure examination for registered nurses or the state board test pool examination for registered nurses or other examination approved by the board.
3. Has a license against which no disciplinary action has been taken in any of the states, territories or provinces in which the applicant has held a license.
4. Has not been terminated from any employment related to nursing in another state for reasons of negligence or incompetence.
(b) A registered nurse holding a license in another state or U.S. territory or province of Canada who has not graduated from a board-approved school of professional nursing may become licensed in Wisconsin provided the applicant meets all of the following:
1. Has graduated from a school of professional nursing in this country or the country of original licensure.
2. If originally licensed in a foreign country, has passed the licensure examination in the country of original licensure.
3. Has passed the national council licensure examination for registered nurses or the state board test pool examination for registered nurses or other examination approved by the board.
4. Verifies at least 2 years of full-time or equivalent safe practice as a registered nurse within the last 5 years.
5. Verifies competency in the English language.
6. Has a license against which no disciplinary action has been taken in any of the states, territories, provinces or countries in which the applicant has held a license.
7. Has not been terminated from any employment related to nursing in another state, territory, province or country for reasons of negligence or incompetence.
(2) LICENSED PRACTICAL NURSE APPLICANTS. (a) A practical nurse holding a license in another state, U.S. territory or province of Canada, or a licensed practical nurse who has held a current license in another compact state within the 5 years prior to application, who has graduated from a board-approved school of practical nursing may become licensed in Wisconsin provided the applicant meets all of the following:
2. Has passed the national council licensure examination for practical nurses or the state board test pool examination for practical nurses or other examination approved by the board.
3. Has a license against which no disciplinary action has been taken in any of the states, territories or provinces in which the applicant has held a license.
4. Has not been terminated from any employment related to nursing in another state for reasons of negligence or incompetence.
(b) A practical nurse holding a license in another state or U.S. territory or province of Canada who has not graduated from a board-approved school of practical nursing may become licensed in Wisconsin provided the applicant meets all of the following:
1. Has graduated from a school of practical nursing in this country or the country of original licensure.
2. If originally licensed in a foreign country, has passed the licensure examination in the country of original licensure.
3. Has passed the national council licensure examination for practical nurses or the state board test pool examination for practical nurses or other examination approved by the board.
4. Verifies at least 2 years of full-time or equivalent safe practice as a practical nurse within the last 5 years.
5. Verifies competency in the English language.
6. Has a license against which no disciplinary action has been taken in any of the states, territories, provinces or countries in which the applicant has held a license.
7. Has not been terminated from any employment related to nursing in another state, territory, province or country for reasons of negligence or incompetence.
Note: A list of methods by which English competency may be demonstrated is available at the board office located at P.O. Box 8935, 1400 East Washington Avenue, Madison, Wisconsin 53708.
SECTION 12. N 3.04 (1) (intro.) is amended to read:
N 3.04 Application procedure for R.N. and L.P.N. applicants. (1) Each applicant shall file a completed,
signed and notarized application on forms provided by the bureau
, along with the fee specified under s. 440.05 (1), Stats. The application shall include all of the following:
SECTION 13. N 3.04 (1) (a) and (b) are repealed.
SECTION 14. N 3.04 (2) and (3) are renumbered N 3.04 (1) (a) and (b) and amended to read:
N 3.04 (1) (a) Statement A statement of graduation shall be forwarded directly from the applicant's school of nursing indicating date applicant completed the nursing program and confirmation that the nursing program was board-approved at time of graduation.
(b) Verification of license shall be forwarded from the state, territory or province in which the original license by examination was issued.
SECTION 15. N 3.04 (1) (c) is created to read:
N 3.04 (1) (c) If originally licensed in a foreign country, verification of having passed the licensure examination in the country of original licensure.
SECTION 16. N 3.04 (4) is renumbered N 3.04 (1) (d) and amended to read:
N 3.04 (1) (d) All Notarized translations of all statements and documents written in a foreign language shall be accompanied by notarized translations. The cost of the translation shall be paid by the applicant.
SECTION 17. N 3.04 (5) and (6) are repealed.
SECTION 18. N 3.04 (7) is renumbered N 3.04 (2).
SECTION 19. N 3.05 (2) (a) is renumbered N 3.05 (2) and amended to read:
N 3.05 (2) An R.N. or L.P.N. licensed in any state, U.S. territory, or province of Canada may be granted a temporary permit from the board upon receipt of a completed application
indicating no past or pending disciplinary actions in another state, proof of graduation from a board-approved school of professional or practical nursing or current licensure in another state,
demonstrating that the applicant has met the requirements of s. N 3.03 (1) or (2), the fee specified in s.
440.05 (2), Stats.,
and the permit fee specified in s.
440.05 (6), Stats
., and upon meeting the requirements under s. N 3.04 (6).
SECTION 20. N 3.05 (2) (b) and (c) are repealed.
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 Person
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 Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Social Workers, Marriage and Family Therapists Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors in ss.
15.08 (5) (b) and
227.11 (2), Stats., and interpreting s.
440.03 (13), Stats., the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors will hold a public hearing at the time and place indicated below to consider an order to amend s. SFC 3.13 (1) (c), relating to background checks.
Hearing Date, Time and Location
Date: June 13, 2001
Time: 9:15 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
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 Dept. of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by June 27, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
In this proposed rule-making order s. SFC 3.13 (1) is amended to permit the Social Worker Section to consider any criminal or disciplinary background by an applicant for a social work training certificate. The amendment would require an applicant applying for a social work training certificate to supply information about any prior disciplinary history and to grant authority to the section to deny an application based on a relevant disciplinary history or a criminal history substantially related to the profession.
Currently, there is a requirement that an applicant for a social work training certificate supply information about any criminal history. The rule does not specifically authorize the consideration of that information in the decision to grant a training certificate, nor does it require an applicant to provide any relevant disciplinary history.
Text of Rule
SECTION 1. SFC 3.13 (1) (c) is amended to read:
SFC 3.13 (1) (c)
Information requested by the section relating to any convictions or pending charges against the applicant for any criminal or traffic offenses. Proof that the applicant does not have a record of arrests or convictions, subject to ss. 111.321, 111.322 and 111.335, Stats., or a record of prior disciplinary actions against a professional credential in any jurisdiction.
Fiscal Estimate
1. The anticipated fiscal effect on the first liability and revenues of any local or 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 Person
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 Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Social Workers, Marriage and Family Therapists Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors in ss.
15.08 (5) (b) and
227.11 (2), Stats., and interpreting s.
457.08 (3) (c) and
(4) (c), Stats., the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors will hold a public hearing at the time and place indicated below to consider an order to amend s. SFC 4.01 (1) (b) 1. and 2., relating to supervision of precertification supervised practice of social work.
Hearing Date, Time and Location
Date: June 13, 2001
Time: 9:15 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
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 June 27, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Currently, supervision may be exercised by “a social worker certified at least at the level of the social worker being supervised, if the supervising social worker is qualified to practice without supervision." This does not adequately protect the public since certain grandfathered social workers without adequate training, knowledge and skill satisfy that definition. This rule-making will require that social workers who supervise a period of pre-certification practice of social work have a master's or a doctor's degree in social work.
Currently, there is no requirement for advance approval of supervisors. This rule-making permits supervision by a psychologist or a psychiatrist “if the social worker section determines that supervision by a certified social worker is unobtainable or unreasonably restrictive of the delivery of social work services to a particular population." Different interpretations of that language have led to misunderstandings. To avoid such situations, advance approval of supervisors other than independent clinical social workers will be required. This rule-making requires a person contemplating supervision by a person other than an independent clinical social worker to obtain approval by the social worker section in advance of the supervision period.
Text of Rule
SECTION 1. SFC 4.01 (1) (b) 1. and 2. are amended to read:
SFC 4.01 (1) (b) 1. A social worker certified at least at the level of the social worker being supervised, if the supervising social worker has a master's or doctoral degree in social work and is qualified to practice without supervision, or
2. A psychologist licensed under ch.
448, Stats., or a psychiatrist licensed under ch.
448, Stats.,
approved by the social worker section in advance of the supervision of the practice of social work if the social worker section determines that supervision by a certified social worker is unobtainable or unreasonably restrictive of the delivery of social work services to a particular population, or unduly interferes with training social workers in providing services to a particular population.
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 Person
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 Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
