15. New rules are added to specify the process for applying for a plumber's license for a person who holds a license from or has practical experience in another state.
16. The requirement to complete a special course in order to install a multipurpose piping system for persons who obtained their master plumber's license prior to January 1, 2002 is eliminated.
17. The requirements for the specific educational course work as a qualification to write the journeyman plumber-restricted exams are eliminated.
Environmental Assessment
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter 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 exist. 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 affect any businesses that obtain licenses, certifications or registrations from the Division of Safety and Buildings or the Division of Environmental and Regulatory Services.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no reporting, bookkeeping and other procedures required for compliance with the rules that are not currently required.
3. Types of professional skills necessary for compliance with the rules.
There are no types of professional skills necessary for compliance with the proposed rules.
Fiscal Estimate
The proposed rules contain a respective adjustment to the credential fees in response to the proposed change in the credential terms. Therefore, over a given time period, the revenues collected will be unchanged. The proposed rules also contain a new $200 filing fee for renewal of a credential more than one term after expiration of the credential. The Department anticipates very few submittals of this type, and the fee will cover any additional workload costs related to processing the submittal. Therefore, the proposed rules will not have any fiscal effect on the Department.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.html. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, E-mail:
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Notice of Hearing
Dentistry Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Dentistry Examining Board in Wis. Stat. ss.
15.08 (5) (b),
227.11 (2) and
447.02 (1) (d) and interpreting Wis. Stat. s.
447.06 (2), the Dentistry Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal and recreate s.
DE 3.02, relating to the practice of dental hygiene.
Hearing Date, Time and Location
Date: November 5, 2003
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 30, 2003, to be included in the record of rule-making proceedings.
Proposed Order
An order of the Dentistry Examining Board to repeal and recreate DE 3.02, relating to the practice of dental hygiene.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: ss.
15.08 (5) (b). 227.11 (2) and 447.02 (1) (d), Stats.
In this proposed rule-making order the Dentistry Examining Board repeals and recreates rules relating to the practice of dental hygiene for consistency with the changes that occurred in 1990 when s.
447.06 (2) (c), Stats., was enacted. Section
DE 3.02 outlines what services dental hygienists may perform when the dentist is and is not present in the office.
Section
DE 3.02 (1) begins by defining the settings wherein a dental hygienist may practice. A dental hygienist may either be an employee or an independent contractor, but in either case, must work under the authority of a dentist. Section
DE 3.02 (3) sets forth the circumstances under which a dental hygienist may perform remediable procedures when the dentist is not present in the facility in which those procedures are performed. In particular, there must first be a written or oral prescription from the dentist. Next, the dentist must have examined the patient within twelve months of the prescription date and the actually dental procedure must be completed by the hygienist within that same timeframe. The prescription must also indicate that the procedures must be done with the informed consent of the patient. Finally, if the procedures are performed in a dental office, the patient has been the dentist's patient of record for not less than 6 months.
TEXT OF RULE
SECTION 1. DE 3.02 is repealed and recreated to read:
DE 3.02 Practice of dental hygiene defined. (1) A dental hygienist may practice dental hygiene or perform remediable procedures only as an employee or as an independent contractor and only as follows:
(a) In a dental office.
(b) For a school board or a governing body of a private school.
(c) For a school for the education of dentists or dental hygienists.
(d) For a facility, as defined in s.
50.01 (1m), Stats., a hospital as defined in s.
50.33 (2), Stats., a state or federal prison, county jail or other federal, state, county or municipal correctional or detention facility, or a facility established to provide care for terminally ill patients.
(e) For a local health department, as defined in s.
250.01 (4), Stats.
(f) For a charitable institution open to the general public or to members of a religious sect or order.
(g) For a nonprofit home health care agency.
(h) For a nonprofit dental care program serving primarily indigent, economically disadvantaged or migrant worker populations.
(2) A dental hygienist may practice dental hygiene or perform remediable procedures under sub. (1) (a), (d), (f), (g) or (h) only as authorized by a dentist who is licensed to practice dentistry under this chapter and who is present in the facility in which those practices or procedures are performed, except as provided in sub. (3).
(3) A dental hygienist may practice dental hygiene or perform remediable procedures under sub. (1) (a), (d), (f), (g) or (h), if a dentist who is licensed to practice dentistry under this chapter is not present in the facility in which those practices or procedures are performed only if all of the following conditions are met:
(a) The dental hygiene practices or remediable procedures are performed under a written or oral prescription.
(b) The dentist who made the written or oral prescription has examined the patient at least once during the 12-month period immediately preceding all of the following:
1. The date on which the written or oral prescription was made.
2. The date on which the dental hygiene practices or remediable procedures are performed.
(c) The written or oral prescription specifies the practices and procedures that the dental hygienist may perform with the informed consent of the patient or, if applicable, the patient's parent or legal guardian.
(d) If the practices or procedures are performed in a dental office, the patient has been the dentist's patient of record for not less than 6 months.
(4) Those practices a dental hygienist may perform while a dentist is present in the dental facility include the following:
(a) Performing complete prophylaxis which may include the following:
1. Removing calcareous deposits, accretions and stains from the surface of teeth.
2. Performing deep periodontal scaling, including root planing.
3. Polishing natural and restored tooth surfaces.
(b) Placing temporary restorations in teeth in emergency situations.
(c) Placing in an oral cavity:
1. Rubber dams.
2. Periodontal surgical dressings.
(d) Removing from an oral cavity:
1. Rubber dams.
2. Periodontal surgical dressings.
3. Sutures.
(e) Removing excess cement from teeth, inlays, crowns, bridges and fixed orthodontic appliances.
(5) Those practices a dental hygienist may perform whether or not a dentist is present in the dental facility include the following:
(6) A dental hygienist shall report clinical findings made in the practice of dental hygiene to the supervising dentist.
Fiscal Estimate
There is no fiscal impact anticipated from this proposed rule.
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.
Notice of Hearing
Health and Family Services
Notice is hereby given that, pursuant to s.
227.24 (4), Stats., the Department of Health and Family Services will hold a public hearing to consider its issuance of emergency rules to amend s.
HFS 144.03 (2) (b),
(c) and
(e) and footnotes 1. and 4. to Table 144.03-A., relating to school immunizations.
Hearing Information
Date, Time & Location
Friday, September 12, 2003, 8:00 a.m. to 9:00 a.m.
Room B250G
State Office Building
1 W. Wilson St.
Madison, WI
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available on site.
Analysis Prepared by the Department of Health and Family Services
This proposed rulemaking order contains changes to school vaccine requirements and were made so the Department's immunization requirements adhere to new vaccine recommendations made by the federal Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices (ACIP.) These changes are part of a proposed permanent rulemaking order that is nearing the completion of its promulgation.
Fiscal Estimate
The Department's proposed changes will not have a fiscal effect.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats.
