Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats., and ss. 441.15 (2) (c), 441.15 (3) (a) 3. and 441.15 (5), Stats., as created by 2001 Wisconsin Act 52, and s. 441.(3) (bm), Stats., as amended by 2001 Wisconsin Act 52.
Statutes interpreted: s. 441.15 (2) (c), 441.15 (3) (bm) and 441.15 (5) (b), Stats.
2001 Wisconsin Act 52 makes a number of changes to the provisions affecting nurse-midwives, including that licensed nurse-midwives carry malpractice insurance in an amount determined by these rules. Also, throughout the rule-making order words are capitalized in accordance with the Administrative Rules Procedural Manual at s. 1.01 (4), on page 3 on the Manual.
Section 1 is amended to include the malpractice insurance requirements.
Section 2 is amended to update the definition of complications that are consistent with the standards of practice of the American College of Nurse-Midwives.
Section 3 creates a definition of collaboration.
Section 4 amends the definition of formal written agreement to written agreement.
Sections 5 and 6 repeal requirements that are no longer required.
Section 7 renumbers a subsection.
Section 8 updates the requirements for licensure and Section 9 amends the application procedures for licensure. Section 9 also, and Section 10 provides a second certification council.
Sections 11 and 12 modify the scope of practice relating to referrals.
Section 13 creates the malpractice insurance coverage for nurse-midwives.
Fiscal Estimate
The estimated cost associated with enforcement of this rule is $1,250 annually. This cost is based on the annual review of evidence of insurance and follow-up with credential holders where appropriate. (125 holders @$10.00 = $1,250.00)
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 Hearings
Physical Therapists
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Physical Therapists Affiliated Credentialing Board in ss. 15.085 (5) (b ) and 227.11 (2), Stats., and ss. 448.527, 448.55, 448.564 and 448.567, Stats., as created by 2001 Wisconsin Act 70, and interpreting ss. 448.527, 448.55, 448.56, 448.564 and 448.567, Stats., the Physical Therapists Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to repeal the Notes following PT 1.03 (1) (c) and (1) (d) 4., to renumber and amend PT 3.01 (4) and 6.01 (1) (intro.); to amend PT 1.01, 1.02 (intro.), (2) and (6), 1.03 (1) (intro.), (c), (d) (intro.), 2., (2), (3) (a) to (d) and the Note following PT 1.03 (3) (d), 2.01(1) (h), (i), (6) (a) and (b), (8) (intro.), 3.01 (1) and (3), ch. PT 5 (title), 5.01 (title) and (intro.), (5) and (6), 5.02(title), (intro.), (1), (2), (4) to (6) and (8) to (9), 7.01, 7.02 (1), 8.01; and to create a Note following PT 1.03 (2), 2.04, 3.01 (4), (6) and (7), 4.01 (1) (d), 5.02 (10), 6.01 (1) (a) to (c), (2) and (3), 7.02 (19), (20), (21), 7.03 and 7.04 and Chapter PT 9, relating to physical therapists and physical therapy aides.
Hearing Date, Time and Location
Date:   March 4, 2003
Time:   9:00 a.m.
Location:   1400 East Washington Avenue
  Room 179A
  Madison, WI
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 March 21, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: ss. 15.085 (5) (b) and 227.11 (2), Stats., and ss. 448.527, 448.55, 448.56, 448.564 and 448.567, Stats., as created by 2001 Wisconsin Act 70.
Statutes interpreted: ss. 448.527, 448.55, 448.56, 448.564 and 448.567, Stats.
This proposed rule-making order implements 2001 Wisconsin Act 70, relating to the licensing of physical therapists and physical therapist assistants and granting rule-making authority. The Act makes a number of changes to the provisions affecting the practice of physical therapy and physical therapist assistants, as well as requirements relating to continuing education.
Section 1 amends the authority to include the amended and new statutory language brought about by Act 70.
Section 2 amends the definitions of “FSBPT" and “physical therapy aide."
Section 3 simply adds two words for clarification.
Section 4 repeals a Note that no longer is needed.
Section 5 is amended to include the physical therapist assistants' requirements.
Section 6 repeals a Note that is no longer needed.
Section 7 is amended to include the physical therapist assistant's requirements.
Section 8 creates a Note that refers to foreign graduate evaluation services.
Section 9 is amended to include the physical therapist assistant requirements and also amends the Note providing the change in the Commission on Accreditation.
Section 10 is amended to include the physical therapist assistant educational programs.
Section 11 creates the examination requirements.
Section 12 is amended to include the physical therapist assistant examination.
Section 13 is amended to repeal outdated information.
Sections 14 and (15) are amended to clarify the supervision of a person holding a temporary license.
Section 16 is created to provide a letter from an organization or facility requesting the applicant's services.
Sections 17, 18 and 19 amend the requirements of supervision of physical therapist assistants and physical therapy aides, such as the description of aspects of patient care; examinations, supervision; and patient related tasks.
Section 20 repeals some services for referrals and Section 21 creates types of services for referrals.
Section 22 amends several statutory sites.
Section 23 is created to include other conduct that relates to unprofessional conduct.
Section 24 amends a statutory site.
Section 25 creates Chapter 9, continuing education that includes definitions. requirements, standards for approval of continuing education programs, tables of activities that qualify for continuing education hours, and the number of hours, and what constitutes proof of attendance at continuing education programs that may be required for renewal.
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, or by e-mail at pamela.haack@drl.state.wi.us.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss. 85.15 (1), 85.22 (3) (h) and 227.11 (2), Stats., and interpreting s. 85.22, Stats., the Department of Transportation will hold a public hearing in Room 951 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 4th day of March, 2003, at 11:00 a.m., to consider the amendment of ch. Trans 2, Wisconsin Administrative Code, relating to the elderly and disabled transportation capital assistance program.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until March 14, 2003, 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 comments should be submitted to Diane Poole, Department of Transportation, Bureau of Transit and Local Roads, Room 951, P.O. Box 7913, Madison, WI 53707-7913.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis prepared by the Wisconsin Department of Transportation
Statutory Authority: ss. 85.15 (1), 85.22 (3) (h) and 227.11 (2), Stats.
Statutes Interpreted: s. 85.22, Stats.
General Summary of Proposed Rule. Chapter Trans 2 establishes the Department's administrative interpretation of s. 85.22, Stats., including the administration of assistance under the federal sec. 5310 program (formerly sec. 16), and prescribes administrative policies and procedures for implementing the elderly and disabled transportation capital assistance program authorized under s. 85.22, Stats. The purpose of this rule making is to clarify existing provisions of the rule as well as incorporate changes to reflect current program policy and conditions and improve program administrative procedures.
This proposed rule:
Changes the grant cycle from a one-year cycle to a two-year cycle. This streamlines the program generating both a time and cost saving to both the Department and our grantees.
Attempts to assure that applicants will not duplicate existing services regardless of how they are funded.
Clarifies that application materials are sent to the Department as we plan to have applications materials come directly to the central office rather than the districts to further streamline the process. The exact location will be printed in the application.
Provides the Department with flexibility in assigning point values to the application questions. By doing this the Department will be able to adjust the importance of the criteria based on current transportation needs and trends getting the best possible candidates for today's market. All criteria and point values will continue to be printed in the application so the applicant knows in advance the weight of each question.
Other amendments include minor language changes.
Fiscal Effect
No fiscal impact is anticipated from the promulgation of this proposed rule. It is hoped that the Department will be able to get better vehicle prices by buying larger quantities – thus stretching program dollars.
Initial Regulatory Flexibility Analysis
This proposed rule has no significant impact on small businesses.
Copies of Proposed Rule
Copies of the rule may be obtained upon request, without cost, by writing to Diane Poole, Department of Transportation, Bureau of Transit and Local Roads, Room 951, P. O. Box 7913, Madison, WI 53707-7913, or by calling (608) 266-0189. Hearing-impaired individuals may contact the Department using TDD (608) 266-3351. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Workforce Development
(Public Works Construction, Chs. DWD 290-294)
[CR 03-008]
NOTICE IS HEREBY GIVEN that pursuant to ss. 66.0903 (5) and 103.49 (3g), Stats., the Department of Workforce Development proposes to hold a public hearing to consider the emergency rule and permanent rule amendment of s. DWD 290.155 (1), relating to the annual adjustment of thresholds for application of prevailing wage rates.
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