Rule-making notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
[
CR 02-121]
(reprinted from Mid-October Wis. Adm. Register)
Rule Related to Plant Inspection and Pest Control.
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed rule to repeal s.
ATCP 21.05 (3) (c); to renumber s.
ATCP 21.01 (10) to
(15); to repeal and recreate s.
ATCP 21.05 (3) (a) and
(b) and to create s.
ATCP 21.01 (9) and
(10) and s.
ATCP 21.16; relating to plant pests and certification and service fees. The department will hold two hearings at the time and places shown below. The department invites the public to attend the hearings and comment on the proposed rule. Following the public hearing, the hearing record will remain open until December 2, 2002, 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 Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608) 224-4574. 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 October 22, 2002, by contacting Paula Noel, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4574 or email
paula.noel@datcp.state.wi.us. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearing Date, Time and Location
Tuesday, October 29, 2002, 1:00 p.m. until 3:00 p.m.
WI Dept. of Agriculture, Trade & Consumer Protection
Room 266
2811 Agriculture Drive
Madison, WI 53718
Handicapped accessible
Wednesday, October 30, 2002, 1:00 p.m. until 3:00 p.m.
WI Dept. of Natural Resources Service Center
5301 Rib Mountain Road
Wausau, WI 54401
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule modifies fees for plant inspection and certification services. It also establishes import controls on hemlock plants and plant products, to prevent the introduction of a serious hemlock pest in this state.
Fees for Plant Inspection and Certification
The Wisconsin department of agriculture, trade and consumer protection (DATCP) inspects plants, plant products and bees (apiaries) at the request of persons who wish to export those products. DATCP provides this inspection service, for a fee, under ch.
94, Stats. Based on its inspection, DATCP certifies that the plants, plant products or bees are apparently free of harmful diseases and pests. DATCP establishes inspection and certification fees by rule. This rule modifies DATCP's current fee formula. This rule will increase fees for some requesters, and reduce fees for others.
Under the current fee formula, DATCP charges for mileage (32.5¢ per mile), food and lodging costs, plus $20 per hour for staff time. There is a minimum fee of $20 per inspection. Because most inspectors are based in Madison, charges increase with distance from Madison. DATCP also charges a fee of $15 per certificate issued. Current fees do not cover indirect costs related to general pest surveys, trapping and testing, although those activities provide important information for the certification process.
This rule establishes a new “flat" fee of $50 for each inspection certificate that it issues. There will be no other charge for inspection, travel, food or lodging costs (except for field inspections of crops). The flat fee will cover these costs, as well as a portion of DATCP's indirect costs for pest surveys, pest trapping and laboratory analysis. The flat fee is expected to generate approximately $30,000 in additional revenues for the program as a whole.
This rule establishes a lower fee of $15 for certificates that merely certify the identity or origin of plants or plant materials, without certifying that they are disease-free or pest-free. This rule maintains the current fee of $15 for ginseng shipment certificates issued under s.
94.50 (3), Stats.
The following table shows the current and proposed fees.
Activity or Certificate
|
Current Fee
|
Proposed Fee
|
Requested inspections of plants, plant products, bee colonies and related materials.
|
$20/hour for inspection and travel time plus vehicle mileage, meal and lodging expenses. Minimum charge is $20.
|
No separate fee, except for field inspections of crops (see below). Aggregate costs are covered by certificate charges (see below).
|
Field inspection of crops such as corn, sunflowers, soybeans, onions, potatoes, snap beans and turf.
|
$1.50 per acre (minimum $50), plus mileage, food and lodging expenses.
|
$1.50 per acre (minimum $50) plus mileage, food and lodging expenses.
|
Certification that materials are disease-free or pest-free (phytosanitary certificate, plant health certificate or apiary inspection certificate).
|
$15 per certificate.
|
$50 per certificate.
|
Ginseng shipment certificate.
|
$15 per certificate.
|
$15 per certificate.
|
Hemlock Woolly Adelgid; Import Controls
DATCP regulates the movement of plant pests under s.
94.01(1), Stats. Currently, the states of Alaska, California, Oregon and Washington, and portions of 13 other states, are infested with hemlock woolly adelgid. Hemlock woolly adelgid is a serious pest that kills native and ornamental hemlock trees, an important Wisconsin resource. This rule prohibits imports of the following items from infested areas identified in the rule:
•
Hemlock seedlings or nursery stock.
•
Hemlock logs or lumber with bark.
•
Uncomposted hemlock chips with bark.
•
Uncomposted hemlock bark.
This prohibition does not apply if any of the following apply:
•
A pest control official in the state of origin inspects the imported items and certifies any of the following in a phytosanitary certificate that accompanies the import shipment:
- That the items originate from non-infested premises and have not been exposed to hemlock woolly adelgid.
- That the items were found, at the time of inspection, to be free of hemlock woolly adelgid.
- That the items have been effectively treated to destroy hemlock woolly adelgid. The phytosanitary certificate shall specify the pesticide or other treatment used.
- That the items are produced, processed, stored, handled or used under conditions, described in the phytosanitary certificate, that effectively preclude the transmission of hemlock woolly adelgid.
•
The items are imported under a written agreement between the importer and DATCP. DATCP may cancel the agreement at any time. The agreement must specify import terms and conditions including:
- The name and address of the importer and import recipient.
- The proposed source and destination of each import shipment.
- The proposed import dates or time period.
- The items to be imported in each proposed shipment.
- The proposed size and frequency of import shipments.
- The proposed method of import.
- Required import conditions that will, in the department's opinion, effectively prevent the spread of hemlock woolly adelgid.
These import controls imposed by the rule would have some costs in terms of notifying affected industries but could be absorbed by existing staff. The department will present information through development of written material, press releases, and cooperative efforts with affected industries. Ongoing duties would be to monitor industry compliance with the rule. Industry compliance is already monitored for other sections of
ATCP 21 and this new section would be a small addition.
Fiscal Estimate
The changes in the inspection and certification service fees would increase revenues to a program revenue account. Existing fees do not cover actual expenses of the program. The new fee structure will allow the department to recover the cost of administering the phytosanitary program.
Initial Regulatory Flexibility Analysis
Fees for Plant Inspection and Certification & Hemlock Woolly Adelgid; Import Controls
This rule repeals and recreates Wisconsin's current Inspection and Certification rules. This rule creates a fee of $50.00 per certificate, which will include mileage, meals, lodging and staff time for inspection and travel. The current fee for certification is $15.00 for a certificate, plus mileage (.325 cents/mile), meals, lodging and staff time ($20.00/hour, with a $20.00 minimum) for inspection and travel.
This rule also creates import controls for hemlock woolly adelgid, a serious pest of hemlock trees in the eastern US. This insect has been intercepted on nursery stock in other states and can possibly be spread by logs, mulch or bark chips of hemlock trees.
Small Businesses Affected by this Rule
A “small business," as defined in s.
227.114 (1) (a), Stats., means a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs fewer than twenty-five full-time employees or which has gross annual sales of less than $2,500,000.
Small nurseries and sole proprietors shipping interstate or internationally are the small businesses that will be affected by this rule.
Effects on Small Business
This rule may have some impact on nurseries in Wisconsin that purchase hemlock nursery stock from states infested with hemlock woolly adelgid, because costs incurred by nurseries in other states to meet our requirements may be passed along to the receiving nurseries in Wisconsin. There would be no extra skills required since nurseries deal with similar certificates for other plant pests.
The fee increase for certificates ($15 to $50) may decrease the number of certificates issued by a small amount. Some businesses, mostly larger enterprises, request certificates as a sort of insurance policy; the country to which they are exporting doesn't require a certificate but having one expedites the importation of the commodity. Many of the companies will pass the increased cost onto their customers.
Small businesses may see more efficient turnaround time in receiving their certificates since no calculations will need to be made by the department concerning mileage, meals, hours and lodging. Small nursery businesses receiving plant health certificates may reconsider their current practice of requesting the certificate if they don't ship nursery stock interstate because of the increase in the fee.
Notice of Hearing
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
[
CR 02-111]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss.
15.08 (5) (b) and
227.11 (2), Stats., and interpreting s.
443.03, Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to create s.
A-E 3.03 (5), relating to architectural interns.
Hearing Date, Time and Location
Date: November 13, 2002
Time: 10:00 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 November 20, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statute interpreted: s.
443.03, Stats.
The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors proposes to create s.
A-E 3.03 (5) to permit the use of an architect-related title prior to formal licensure. This rule will allow a person in the process of acquiring supervised experience as an architect to use the title “architectural intern." The proposed rule will not modify the registration requirements for architects, but will permit use of the term “architectural intern" while a potential licensee is in the process of gaining the required experience.
TEXT OF RULE
SECTION 1. A-E 3.03 (5) is created to read:
A-E 3.03 (5) An individual acquiring supervised experience in architectural work under this section for the purpose of satisfying the requirements of s.
443.03 (1) (b), Stats., may use the title “architectural intern."
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
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
302.386 (3) and
(4), Stats., the department of corrections proposes the following rules relating to medical, dental and nursing copayment charge:
Hearing Information
On the following dates, public hearings will be held relating to the permanent proposed rule
CR02-123, relating to medical, dental and nursing copayment charge as well as the emergency rule ch.
DOC 316 effective September 3, 2002.
Date & Time Location
November 18, 2002 Wood County Courthouse
Monday 400 Market Street
11:00 a.m. - 1:00 p.m. Room 210B (Second Floor)
Wisconsin Rapids, Wisconsin
November 18, 2002 State Office Building
Monday 141 N.W. Barstow Street
11:00 a.m. - 1:00 p.m. Room 137 A
Waukesha, Wisconsin
The public hearing sites are accessible to people with disabilities.
Analysis Prepared by the Department of Corrections
Pursuant to
2001 Wisconsin Act 109, the department is required to increase the copayment charge for medical, dental or nursing services provided to inmates and juveniles. The Act provides, in relevant part, the following:
“Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate the rules that are required under section 302.386 (4) (a) of the statutes relating to the deductible, coinsurance, copayment, or similar charge that must be imposed under section 302.386 (3) (b) of the statutes." and,
“Notwithstanding section 302.386 (3) (b) of the statutes, the rules shall require the department to require that, subject to the exception and waiver provisions under section 302.386 (3) (c) of the statutes, each person to whom section 302.386 (1) of the statutes applies pay a deductible, coinsurance, copayment, or similar charge of at least $7.50 for each request that the person makes for medical or dental services."
Currently, the department's emergency rule, effective September 3, 2002 pursuant to legislative requirement, provides for a $7.50 copayment, increased from the previous amount of $2.50, under such circumstances as described above. This proposed rule, among other minor changes, makes the $7.50 copayment permanent.
This rule:
•
Makes permanent the medical, dental and nursing copayment charge to $7.50 as required by
2001 Wisconsin Act 109 and consistent with the department's current emergency rule.
•
Eliminates the requirement that an inmate must “earn wages" before becoming responsible for the $7.50 copayment, in regard to inmates who are not housed in a secured correctional facility (juvenile facility). This change is made as a result of prior legislation that removed the “earns wages" requirement from statute. See section
302.386 (3) Stats.
•
Establishes criteria to exempt persons in a juvenile correctional facility who do not earn wages. The current rule effectively exempts juveniles from the copayment because they do not “earn wages" as required by the rule. However, since “earn wages" has been removed in this rule proposal, the department has created a specific exemption for persons in juvenile correctional facilities. Section
302.386(3)(c) grants the department authority to except or waive liability “under criteria that the department shall establish by rule."
•
Exempts liability for medical, dental or nursing services provided as a result of an injury sustained through an institution work assignment.
Initial Regulatory Flexibility Analysis
These rules are not expected to have an effect on small businesses.
Fiscal Estimate
The Department of Corrections (DOC) under s.
302.386 (3) (b) is required to receive a minimum medical copayment of $2.50 from any inmate requesting medical services or dental services. It should be noted the Department cannot deny medical services to any resident that requests services based on their lack of ability to pay.
2001 Wisconsin Act 109 required DOC to promulgate an emergency rule that required the Department to collect a minimum medical copayment of $7.50 from every inmate that requests medical services. The Department is now requesting that the provisions included in the emergency rule be made permanent.
In FY01, DOC received 47,000 request from inmates for services and collected $117,500 in revenue.
2001 Wisconsin Act 109 is estimating $235,000 in additional revenue will be collected in medical copayments in FY03, or a total of $352,500 on an annual basis. (A full copy of the fiscal estimate may be obtained through the contact person listed below.)
Contact Person
Julie Kane (608) 240-5015
Office of Legal Counsel
P.O. Box 7925
Madison, Wisconsin 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 November 25th, 2002, will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
In accord with the provisions of s 227.16 (1), Stats., the Wisconsin Department of Employee Trust Funds will hold a public hearing to review this proposed rule on participation in the variable division of the trust fund. The proposed rule repeals and recreates s ETF 10.30, and repeals ss.
ETF 10.31,
10.32,
10.33 and
10.34 Wis. Adm. Code.
Hearing Date, Time and Location
Tuesday, November 19, 2002
1:00 p.m.
Room GA
801 West Badger Road
Madison, Wisconsin.
The public record on this proposed rule making will be held open until 4:30 p.m. on Thursday, November 21, 2002 to permit the submission of written comments from persons unable to attend the public hearing in person, or who wish to supplement testimony offered at the hearing. Any such written comments should be addressed to Shelly Schueller, Department of Employee Trust Funds, 801 West Badger Road, P.O. Box 7931, Madison, Wisconsin 53707-7931.
Analysis Prepared by the Wisconsin Department of Employee Trust Funds
The Department of Employee Trust Funds is required by Wis. Stats. s.
227.10 (1) to promulgate as a rule each interpretation of a statute which it specifically adopts to govern its enforcement or administration of that statute.
1999 Wisconsin Act 11 amended Wis. Stats. s.
40.04 (7) (a) to permit all participating employees on or after January 1, 2001 to elect to have 50% of their future required and additional contributions deposited in the Variable Division of the Trust Fund.
1999 Wisconsin Act 11 also permits former Variable Division Trust Fund participants who completely cancelled their original variable participation before December 31, 1999 to re-elect to participate in the Variable Division of the Trust Fund.
The proposed rule repeals and recreates Wisconsin Administrative Code s.
ETF 10.30, and repeals Wisconsin Administrative Code ss.
10.31,
10.32,
10.33, and
10.34. This will consolidate all administrative rules regarding participation in the Variable Division of the Trust Fund in one administrative code, streamlining the administrative code and providing for efficient administration of the Variable Division of the Trust Fund. It will further clarify the effective dates of a participant's election to participate in and to cancel participation in the Variable Division of the Trust Fund, how interest will be credited on late reported variable contributions to participants' accounts, and the effect of variable cancellations on individuals with multiple Wisconsin Retirement System accounts.
Authority for Rule
Initial Fiscal Estimate
The proposed rule has no fiscal impact on county, city, village, town, school district, technical college district or sewerage district fiscal liabilities and revenues. This rule has no anticipated state fiscal effect during the current biennium and no future effect on state funds, which do not include the Public Employee Trust Funds.
The Department of Employee Trust Funds anticipates some cost to the Public Employee Trust Funds in administering this rule. These costs include one-time costs for programming computer systems to handle the new variable program, and on-going costs to process variable election forms and provide participants with information.
Initial Regulatory Flexibility Analysis
The Department anticipates that the provisions of this proposed rule will have no direct adverse effect on small businesses.
Copies of Rule and Contact Persons
Copies of this rule are available without cost by making a request to the Department of Employee Trust Funds, Office of the Secretary, P.O. Box 7931, Madison, WI 53707, telephone (608) 266-1071. For questions about this rule making, please contact:
Shelly Schueller
Employee Benefits Policy Analyst
(608) 266-6611 or,
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
29.014,
29.041 (1) and
227.24, Stats., interpreting s.
29.041 (1), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FH-43-02(E) relating to the closure of carp fishing on Cedar lake and connected waters in Polk and St. Croix counties. The emergency order took effect on October 3, 2002. Spring viremia of carp virus is of international animal health concern. The virus affects fishes in the minnow family in nature. Minnows are extremely important forage fish for many important sport fishes in Wisconsin and are also important to the bait and aquaculture industries. Assuring the health of minnow populations and preventing the spread to other waters is important in preserving the welfare of Wisconsin citizens by protecting popular and economically valuable sport and bait fisheries. Little is currently known about the extent of the virus and until we can increase our knowledge, this closure will limit the potential spread from transport of fish and/or their parts and fluids.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
November 11, 2002
Monday at 1:00 p.m.
Room 027, GEF #2
101 South Webster St.
Madison, WI
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Pat Schmalz at (608) 266-8170 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There will be no fiscal impact.
Copies of Rule and Contact Persons
Written comments on the emergency rule may be submitted to Mr. Pat Schmalz, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than November 14, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [FH-43-02(E)] may be obtained from Mr. Schmalz.
Notice of Hearings
Natural Resources
(Environmental Protection - General)
[
CR 02-122]
NOTICE IS HEREBY GIVEN that pursuant to ss.
281.69 and
227.11 (2) (a), Stats., interpreting s.
281.69, Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of ch.
NR 191, Wis. Adm. Code, relating to lake protection and classification grants. Changes contained in the biennial budget bill expanded the list of eligible lake grant activities to include shoreline restoration and a special class of wetland restoration grants that provide 100% state funding up to $10,000 if the project is identified in a comprehensive land use plan. In addition to rules for these new grants, the code has been restructured into five subchapters. The revisions to rule include:
General Provisions
1. Changes in statutes allow the department to set the minimum and maximum dues levels for qualified lake associations to be eligible sponsors. A range of $5 to $50 dollars is proposed. Previously it was set at $10 to $25 by statute which precluded some organizations from eligibility.
2. Expands and clarifies the items required for a grant application and the priorities used to rank grant projects.
3. Requires that permits needed for all projects be obtained or applied for on or before the application deadline.
4. The value of donated, unskilled labor is changed from the federal minimum wage to a flat rate of $8 per hour.
Land Acquisition
1. Several changes were made for consistency with the department's Stewardship Program including the elimination of legal costs as a grant eligible expense, clarifying the terms of grant contracts, adding definitions and policies specific to easements.
2. Clarifies that to be eligible, all conservation easements must be permanent.
Wetland and Shoreline Restoration
1. Creates new rules per changes in statutes for Wetland Restoration Incentive Grants that are 100% state funded up to $10,000 if the project is identified in a comprehensive land use plan.
2. Wetland restoration projects at 75% state funding are retained but capped at $100,000 per grant.
3. Creates new rules per changes in statutes for shoreline restoration grants. These rules are modeled after similar activities allowed under ch.
NR 120 Priority Watershed and Priority Lake Program. A significant difference is that restored properties must be permanently deed restricted and a one time incentive payment of $250 is allowed to encourage participation. All shoreline restoration grants are capped at $100,000 per grant.
Lake Classification and Local Ordinance Development
Creates new rules to allow grants for implementing county lake classification programs and expands the discussion of all eligible projects.
Implementation of Lake Management Plans
1. Creates standards for approving lake management plan recommendations.
2. Clarifies the procedure for plan and application submittal and approval by the department.
3. Requires all funded management practices be maintained and operated for a minimum of 25 years. This will be established by contract and recorded with the deed for the property.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
November 14, 2002
Thursday at 7:00 p.m.
Waukesha DNR Office
407 Pilot Court, Suite 100
Waukesha
November 19, 2002
Tuesday at 7:00 p.m.
Law Enforcement Room
Washburn Co. Courthouse
10 West 4th Avenue
Shell Lake
November 20, 2002
Wednesday at 7:00 p.m.
Maple Room
Wausau City Hall
407 Grant Street
Wausau
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Mr. Carroll Schaal at (608) 261-6423 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There is no fiscal impact to the State. While the proposed rule will mean more activities are available for grants to sponsors and the local share may be easier to raise for some projects, the appropriated amount statewide will not increase.
While we expect that participation may increase, at this time is it not possible for the department to estimate the impact on the lake grant program.
Copies of Rule and Contact Persons
Written comments on the proposed rule may be submitted to Mr. Carroll Schaal, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than December 4, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-42-02] and fiscal estimate may be obtained from Mr. Schaal.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Psychology Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
455.08, and interpreting ch.
455, Stats., the Psychology Examining Board will hold a public hearing at the time and place indicated below to consider an order to revise chs.
Psy 1 to
5, relating to examinations, supervised experience, qualifications and responsibilities of supervisors, licensure by comity, reciprocity, holders of the certificate of professional qualification and senior psychologists, continuing education, renewal and professional conduct.
Hearing Date, Time and Location
Date: November 13, 2002
Time: 9:30 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 November 29, 2002, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes interpreted: ch.
455, Stats.
In this proposed rule-making order the Psychology Examining Board makes minor revisions to existing rules to remove inconsistencies and correct oversights, as follows:
Section 1.– include students in the definition of clients in a teaching setting.
Section 2. – eliminate a confusing reference to the requirements for licensure by comity.
Section 3. – clarify the examination that can be challenged. Section 4. – repeal a Note.
Section 5. – emphasize the training aspect of supervised experience; remove the requirement that pre-doctoral training be appropriate to the intended area of practice; repeal requirements for post-graduate supervised experience; add a requirement that post-doctoral training be appropriate to the intended area of practice; prevent one person from supervising both pre- and post-doctoral experience; eliminate an obsolete reference to “license-eligible" psychologists; add the ability of a supervisor to intervene; correct a grammar inconsistency; provide a more appropriate location for an explanatory note; and define additional supervisory responsibilities.
Section 6. – eliminate a confusing reference to the requirements for licensure by comity; add a requirement that applicants for licensure by reciprocity must satisfy a continuing education requirement; add a requirement that applicants who hold a certificate of professional qualification (CPQ) must satisfy a continuing education requirement; and add a requirement that applicants who are senior psychologists must satisfy a continuing education requirement.
Section 7. – correct a grammar inconsistency and provide a more appropriate location for an explanatory note.
Section 8. – eliminate a confusing reference to the requirements for licensure by comity; add a requirement that applicants for licensure by reciprocity must satisfy a continuing education requirement; add a requirement that applicants who hold a certificate of professional qualification (CPQ) must satisfy a continuing education requirement; and add a requirement that applicants who are senior psychologists must satisfy a continuing education requirement.
Section 9. – eliminate a meaningless word.
Section 10. – change the word “grade" to “score."
Section 11. – clarify the examination that can be challenged.
Section 12. – clarify that certificates of attendance for continuing education are required only upon request. to clarify that continuing education programs must be relevant. to restrict certain types of continuing education courses.
Section 13. – grant continuing education credit for teaching and for publications.
Section 14. – clarify that certificates of attendance for continuing education are required only on request. to eliminate an obsolete reference to self-developed programs and to add a limit on continuing education credit for publications.
Section 15. – impose a continuing education requirement upon reinstatement and to remove an unnecessary phrase.
Section 16. – replace the word “patient" with “client."
Section 17. – acknowledge an additional legal limit on confidentiality.
Section 18. – require licensees to cooperate with the board. to clarify actions to be taken upon termination of practice.
Section 19. – add a recordkeeping requirement.
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 Department of Regulation and Licensing in s.
227.11 (2), Stats., and s.
440.03 (14) (am), Stats., as created by
2001 Wisconsin Act 80, and s.
440.03 (14) (d), Stats., as amended by
2001 Wisconsin Act 80, and interpreting s.
440.03 (14) (am) and
(d), Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to revise chs.
RL 140 to
142, relating to music, art and dance therapists who practice psychotherapy.
Hearing Date, Time and Location
Date: November 12, 2002
Time: 10:00 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 November 29, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
This proposed rule-making order implements the statutory changes made as a result of
2001 Wisconsin Act 80, relating to the Department of Regulation and Licensing. The rule changes are as follows:
s. 1: changes a chapter title.
s. 2: adds a reference to a new authorizing statute and the new statutory requirement for licensure of practitioners of psychotherapy.
s. 3: creates a definition of "license to practice psychotherapy".
s. 4: creates a reference to a definition of "psychotherapy".
s. 5: changes the wording of the section requiring information from applicants regarding arrests and convictions.
s. 6: makes minor wording changes and clarifies that a registered music, art or dance therapist who obtains a license to practice psychotherapy need pay only one fee.
s. 7: creates application requirements for a license to practice psychotherapy.
s. 8: creates the procedure for renewal of a license to practice psychotherapy.
s. 9: creates the procedure to issuance of a license to practice psychotherapy by reciprocity.
s. 10: creates grandfathering provisions.
s. 11: makes a minor wording change and removes an unnecessary phrase.
s. 12: makes minor wording changes.
s. 13: adds a new basis for unprofessional conduct, i.e. practicing without a license.
s. 14: creates a requirement to report any loss of national accreditation.
s. 15: creates a requirement to carry professional liability insurance.
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), Wis. 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.
