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
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Medical Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
448.40 (1), Stats., and interpreting ss.
448.015 (4) and
448.02 (3), Stats., the Medical Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s.
Med 10.02 (2) (zc), relating to defining failing to cooperate in a timely manner in an investigation as unprofessional conduct.
Hearing Date, Time and Location
Date: May 21, 2002
(rescheduled from April 24, 2002)
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 7, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
The Medical Examining Board wants to include as unprofessional conduct the failure of a credential holder to cooperate in a timely manner with an investigation. The board wants it to be unprofessional conduct on the part of the credential holder for failing to cooperate by providing information the board has requested in a pending investigation within 30 days and be able to charge that credential holder with unprofessional conduct for failing to cooperate. The board has attempted on several occasions to obtain information from a credential holder on a complaint the board has received which they wish to investigate further but need information from the credential holder.
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
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Medical Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
448.40 (1), Wis. Stats., and interpreting s.
448.015 (4), Wis. Stats., the Medical Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s.
Med 10.02 (2) (zd), relating to sexual contact with a patient as unprofessional conduct.
Hearing Date, Time and Location
Date: June 19, 2002
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 July 12, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
The Medical Examining Board has for many years prosecuted cases involving inappropriate sexual contact between physicians and their patients under s.
Med 10.02 (2) (h), Wis. Admin. Code. That section reads as follows:
Med 10.02 Definitions. . . . (2) The term “unprofessional conduct" is defined to mean and include but not be limited to the following, or aiding or abetting the same:
(h) Any practice or conduct which tends to constitute a danger to the health, welfare, or safety of patient or public.
In a recent circuit court case, the board's finding of a violation of the cited section, arising from a respondent having engaged in a sexual relationship with a patient over a period of approximately eight months, was appealed based in part on the argument that the cited section was vague in terms of what it permitted and prohibited. The court agreed, reversing the board's decision and remanding the case to the board “for either further evidentiary proceedings or for particularly specific findings as to how the danger to patient rule was violated or caused, rather, in this case by improper medical treatment."
Based upon this challenge to the board's interpretation of the so-called “danger rule," it is deemed appropriate to join most of the other health care boards in specifically prohibiting inappropriate sexual contact or behavior with a patient. Also consistent with similar rules promulgated by other affected boards, the patient's status as a patient is extended for two years beyond actual termination of services in order to obviate the possible problem of a licensee summarily suspended terminating treatment immediately upon commencement of improper personal contact with a patient.
The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin administrative register pursuant to s.
227.22 (2) (intro.), Stats.
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
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1) and
348.07 (4), Stats., interpreting s.
348.07 (4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of ch.
Trans 276, Wis. Adm. Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:
June 14, 2002
Hill Farms State Transportation Building
4802 Sheboygan Avenue
Room 419
Madison, WI
9:00 a.m.
(Parking is available for persons with disabilities)
The public record on this proposed rule making will be held open until close of business on the date of the hearing to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such written comments should be submitted to Ashwani K. Sharma, Traffic Operations Engineer, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, Wisconsin, 53707-7986.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule. This proposed rule amends ss.
Trans 276.07 (11),
(16),
(17),
(19),
(24),
(28) and
(38), and creates ss.
Trans 276.07 (28m) and
(38g), Wis. Adm. Code, to add eleven segments of highway to the designated highway system established under s.
348.07 (4), Stats. The actual highway segments
1 that this proposed rule adds to the designated highway system are:
Hwy. From To
STH 54 Port Edwards STH 80 at Dexterville
STH 78 STH 11 in Gratiot WI-IL Line
STH 88 STH 35 CTH E
STH 107 STH 29 STH 153
STH 153 STH 51 STH 13
CTH A CTH E Dorchester
CTH B STH 73 STH 64
CTH E STH 29 CTH O
CTH E STH 28 STH 67
CTH O STH 64 STH 13
CTH S STH 53 STH 124
The long trucks to which this proposed rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet
2, a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s.
348.07 (2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.
The effect of this proposed rule will be to extend the provisions of s.
348.07 (2) (f),
(fm),
(gm) and
(gr), and s.
348.08 (1) (e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highways. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segments. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segments provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on these highway segments provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.
These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.
Fiscal Impact
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district or sewerage district.
Initial Regulatory Flexibility Analysis
