Rule-making notices
Notice of Hearing
Chiropractic Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Chiropractic Examining Board in ss.
115.08 (5) (b),
227.11 (2),
446.02, and s.
446.04, Stats., and interpreting ch.
446, Stats. the Chiropractic Examining Board will hold a public hearing at the time and place indicated below to consider the minor changes to conform the rules to current practices and to correct oversights and problematic language in the current rules, especially related to the board's adoption of Part IV of the national exam in lieu of a state-administered exam to demonstrate clinical competence.
Hearing Date, Time and Location
Date: October 16, 2003
Time: 9:00 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.
Analysis prepared by the Department of Regulation and Licensing
Statutes interpreted: Chapter
446, Stats.
This proposed rule-making order makes numerous minor changes to the existing rules regulating the practice of chiropractic, mainly to conform the rules to current practices but also to correct oversights and problematic language in the current rules,
SECTION 1 moves text from two other locations in the rules, Chir 2.02 (7) and Chir 3.03 (2) (k) to a more logical location.
SECTION 2 changes the advance time required for consideration of applications based on the change to accept Part IV of the national examination and changes the address for requesting applications.
SECTION 3 updates the name of the U.S. Office of Education, allows for future changes in the name, and creates a mechanism for the board to be able to consider applicants with foreign degrees.
SECTION 4 removes a never-used option for direct board approval of a college or university and transfers that responsibility to the U.S. Office of Education or its successor, and creates a mechanism for the board to be able to consider applicants with foreign degrees.
SECTION 5 updates the name of the U.S. Office of Education, allows for future changes in the name, and creates a mechanism for the board to be able to consider applicants with foreign degrees.
SECTION 6 deletes language that is moved to a more logical location by SECTION 1.
SECTION 7 removes language that has been rendered obsolete by the acceptance of Part IV of the national examination.
SECTION 8 removes language that has been rendered obsolete by the acceptance of Part IV of the national examination.
SECTION 9 removes two sections that have been rendered obsolete by the acceptance of Part IV of the national examination.
SECTION 10 removes language that has been rendered obsolete by the acceptance of Part IV of the national examination.
SECTION 11 removes three sections that have been rendered obsolete by the acceptance of Part IV of the national examination.
SECTION 12 removes language that has been rendered obsolete by the acceptance of Part IV of the national examination.
SECTION 13 removes language that has been rendered obsolete by the acceptance of Part IV of the national examination.
SECTION 14 removes language that has been rendered obsolete by the acceptance of Part IV of the national examination.
SECTION 15 removes language related to a credentialing distinction that is not observed.
SECTION 16 removes a section related to a credentialing distinction that is not observed.
SECTION 17 removes obsolete language related to a credentialing distinction that is not observed; change "evidence" to "verification" to avoid licensees sending in CE certificates; clarifies that the certificates need to be kept and sent in only on request; allows the CPR requirement to be waived; clarifies that a person may return to practice once requirements are met; removes obsolete language related to a credentialing distinction that is not observed; and clarifies that CE must be up-to-date for reinstatement.
SECTION 18 clarifies the meaning of "jurisdiction"; create a means by which a foreign degree may be recognized; changes language to conform to language in another section,
Chir 2.02 (3); removes obsolete language related to a state practical exam; changes language to conform to language in Chir 3.03(1)(e); permits a chiropractic college to be accredited by an agency other than the CCE; acknowledges another source of practical exam scores; and deletes language which is moved to a more logical location, Chir 2.01(3).
SECTION 19 changes the address for requesting applications and makes the temporary permit less restrictive.
SECTION 20 removes obsolete language related to a credentialing distinction that is not observed.
SECTION 21 clarifies a current and common use of titles.
SECTION 22 changes a mandate to audit insurance to a discretionary decision.
SECTION 23 grants the board the discretion to waive the CPR requirement.
SECTION 24 removes a reference to an approval process that is not active.
SECTION 25 clarifies a current practice question .
SECTION 26 changes the address for requesting lists of courses of instruction.
SECTION 27 grants the board the discretion to waive or postpone the CE requirement.
SECTION 28 grants the board the discretion to approve a provider of continuing education not listed in the rule and clarifies that CE credit will not be granted for instruction in techniques or practices that the board has determined are unsafe or ineffective.
SECTION 29 adds a requirement that an instructor of continuing education be qualified.
SECTION 30 changes the address for requesting applications.
SECTION 31 adds the United States Office of Education or its successor as an accrediting organization.
SECTION 32 changes the address for requesting applications.
SECTION 33 adds specific instances to the general rule against fraud to make it easier to enforce.
SECTION 34 clarifies the source of forms.
SECTION 35 clarifies the source of forms.
SECTION 36 clarifies the source of forms.
SECTION 37 expands and clarifies the scope of disciplinary actions and malpractice claims that the board may consider in approving a preceptor.
SECTION 38 renumbers the section and allows the board to consider a replacement preceptor.
SECTION 39 changes a reference to "preliminary patient history" to a more logical place and conform the language of the definition of "adjunctive services to the statute, sec. 446.02 (7) (b).
SECTION 40 moves a description of "preliminary patient history" to a more logical spot by combining a note with the preceding line.
SECTION 41 deletes the note combined above.
SECTION 42 moves language from section
Chir 10.06 to a more logical spot.
SECTION 43 removes language related to an annual review of programs that is not performed.
SECTION 44 moves language to a more logical spot.
SECTION 45 moves language to a more logical spot.
SECTION 46 creates a note in the chapter on patient records to remind chiropractors of the responsibility to observe federal rules and regulations regarding the privacy of such records.
TEXT OF RULE
(3) An otherwise qualified applicant with a disability shall be provided with reasonable accommodations.
Chir 2.02 Applications. An applicant for the practical examination demonstrating clinical competence for license licensure as a chiropractor shall make application on a form prescribed by the board at least 30 days prior to the date of the next scheduled examination board meeting and shall also submit:
Note: Applications are available upon request to the board office, 1400 East Washington Avenue, Madison, Wisconsin 53702. from the Department of Regulation and Licensing, Chiropractic Examining Board, P.O. Box 8935, Madison, Wisconsin 53708.
(3) An official certified transcript sent directly to the board from a college or university
or post-secondary technical college accredited by
an accrediting body listed as nationally recognized by the secretary of the federal department of education an agency approved by the United States Office of Education or its successor, or from a foreign school determined to be equivalent to an accredited college or post-secondary technical college by an approved accrediting agency, or a post-secondary technical college showing completion by the applicant of a minimum of 60 credits in post-secondary academic education as specified in s.
446.02 (2), Stats.
Note: Accrediting bodies nationally recognized by the secretary of the federal department of education
United States Office of Education include the New England Association of Schools and Colleges, the Middle States Association of Colleges and Schools, the North Central Association of Colleges and Schools, the Northwest Association of Schools and Colleges, the Southern Association of Colleges and Schools, and the Western Association of Schools and Colleges.
(4) An official certified transcript sent directly to the board from a chiropractic college accredited by the commission on accreditation of the council on chiropractic education, or approved by the board. (CCE) or by an agency approved by the United States Office of Education or its successor, or from a foreign school determined to be equivalent to an accredited college of chiropractic by the CCE or another approved accrediting agency.
(6) Applications for an initial license to practice chiropractic in this state received on or after July 1, 1998, shall include all of the following:
(a) An official certified transcript sent directly to the board from a college or university accredited by an accrediting body listed as nationally recognized by the secretary of the federal department of education, or from a foreign school determined to be equivalent to an accredited college or university by an approved accrediting agency, stating that the applicant has graduated from that college or university with a bachelor's degree.
(b) An official certified transcript sent directly to the board from a college of chiropractic accredited by the council on chiropractic education (CCE) or by an agency approved by the United States Office of Education or its successor, or from a foreign school determined to be equivalent to an accredited college of chiropractic by the CCE or another approved accrediting agency, stating that the applicant has graduated from the college with the degree of doctor of chiropractic.
SECTION 6. Section Chir 2.02 (7) is repealed.
(2) PRACTICAL EXAMINATION DEMONSTRATING CLINICAL COMPETENCE. An applicant shall pass each part of a practical examination demonstrating clinical competence which includes the following parts:
SECTION 8: Section
Chir 2.04 is amended to read:
Chir 2.04 Unauthorized assistance or cheating on examinations. The board may withhold the grade, deny release of grades or deny issuance of a credential of an applicant who gives or receives unauthorized assistance during the state law or practical examination
demonstrating clinical competence, violates rules of conduct of an examination, or otherwise cheats or acts dishonestly respecting an examination. The board may consider this applicant for retesting at a future time.
SECTION 9: Sections Chir 2.05 and Chir 2.06 are repealed.
(3) PRACTICAL EXAMINATION DEMONSTRATING CLINICAL COMPETENCE. To pass the practical examination demonstrating clinical competence, an applicant shall receive a grade determined by the board to represent minimum competence to practice on each part of the examination.
SECTION 11: Sections Chir 2.08, Chir 2.09 and Chir 2.10 are repealed.
(2) PRACTICAL EXAMINATION DEMONSTRATING CLINICAL COMPETENCE. An applicant who fails the practical examination demonstrating clinical competence due to the failure of one part of the examination may retake the failed part only. An applicant who fails the practical examination demonstrating clinical competence due to the failure of 2 or more parts of the practical examination shall be required to retake the entire practical examination demonstrating clinical competence.
SECTION 13: The Note following Chir 2.11 (2) is repealed.
(3) LIMITATION ON REEXAMINATION. If an applicant does not pass all parts of the examinations under subs. (1) and (2) within 2 years of the first attempt, the applicant shall retake and pass the entire practical examination demonstrating clinical competence and state law examination in order to be licensed.
SECTION 15: The Title of Chapter
Chir 3 is amended to read:
Chapter
Chir 3 LICENSE
REGISTRATION AND RENEWAL
SECTION 16: Section Chir 3.01 is repealed.
SECTION 17: Section
Chir 3.02 is amended to read:
Chir 3.02 Biennial registration License renewal. (1) REQUIREMENTS FOR RENEWAL. To renew and obtain a new certificate of registration license a licensee shall, by December 31 of the even-numbered year following initial licensure and every 2 years thereafter, file with the department:
(a) An application for renewal on a form prescribed by the department.
(c)
Evidence Verification that the licensee has, during the biennial period immediately preceding application, completed the continuing education requirement specified in s.
446.02 (1) (b), Stats., except that the requirement may be waived if the licensee was not practicing in Wisconsin during that period.
Licensees shall retain original documents showing attendance at programs for at least 4 years from the time that credit is claimed for the continuing education program. Licensees shall deliver their original documents or copies to the board upon request.
(d) Evidence that the licensee is certified in cardiopulmonary resuscitation or has been granted a waiver of the requirement by the board.
(2) REQUIREMENTS FOR LATE RENEWAL. A licensee who fails to meet the requirements in sub. (1) by the renewal date shall cease and desist from practice as a chiropractor
until all requirements for renewal are met. Within 5 years following the renewal date, a licensee may renew and obtain a new
certificate of registration
license by filing with the department the materials specified in sub. (1) and a late renewal fee specified in s.
440.08 (3) (a), Stats.
(3) REQUIREMENTS FOR REINSTATEMENT. (a) Reinstatement following failure to renew. A licensee who fails to renew within 5 years of the renewal date may be reinstated by meeting requirements in sub. (2), completing continuing education requirements for the previous biennium, and may be required to take an examination prescribed by the board.
(b) Reinstatement following disciplinary action. An applicant for reinstatement of license following disciplinary action shall meet requirements in sub. (1) and may be required to successfully complete an examination as the board prescribes.
SECTION 18: Section
Chir 3.03 is amended to read:
Chir 3.03 Licensure by endorsement. (1) QUALIFICATIONS. The board shall grant a license to a chiropractor who holds a valid license by the proper authorities of any other jurisdiction state or country provided the applicant:
(b) Has graduated from a college of chiropractic accredited by the council on chiropractic education and approved by the board (CCE) or by an agency approved by the United States Office of Education or its successor, or from a foreign school determined to be equivalent to an accredited college of chiropractic by the CCE or another approved accrediting agency.
(c) 1. Has If the applicant first applied for a license to practice chiropractic in any state or country before July 1, 1960, the applicant must have graduated from a reputable college of chiropractic. if the applicant first applied for any license to practice chiropractic in any jurisdiction before July 1, 1960.
2. Has If the applicant first applied for a license to practice chiropractic in any state or country between July 1, 1960 and June 30, 1998, the applicant must have completed at least the first 2 years of a baccalaureate degree program a minimum of 60 credits in post-secondary academic education at a college or university accredited by an accrediting body nationally recognized by the secretary of the United States department of education, the council on chiropractic education (CCE) or by an agency approved by the United States Office of Education or its successor, or from a foreign school determined to be equivalent to an accredited college of chiropractic by the CCE or another approved accrediting agency.
if the applicant first applied for any license to practice chiropractic in any jurisdiction on or after July 1, 1960.
3. Has If the applicant first applied for a license to practice chiropractic in any state or country on or after July 1, 1998, the applicant must have graduated with a baccalaureate degree from a college or university accredited by an accrediting body nationally recognized by the secretary of the United States department of education, the council on chiropractic education (CCE) or by an agency approved by the United States Office of Education or its successor, or from a foreign school determined to be equivalent to an accredited college of chiropractic by the CCE or another approved accrediting agency
if the applicant first applied for any license to practice chiropractic in any jurisdiction on or after July 1, 1998.
Note: Accrediting bodies nationally recognized by the secretary of the federal Department of Education include the New England Association of Schools and Colleges, the Middle States Association of Colleges and Schools, the North Central Association of Colleges and Schools, the Northwest Association of Schools and Colleges, the Southern Association of Colleges and Schools, and the Western Association of Schools and Colleges.
(d) Has been engaged in clinical chiropractic case management at least 24 hours per week in one or more jurisdictions in which the applicant has a current license for at least 3 of the 5 years immediately preceding application in Wisconsin.
(e) Has successfully completed a practical examination demonstrating clinical competence which, in the board's judgment, is substantially equivalent to the practical examination demonstrating clinical competence administered accepted by the board.
(f) Has successfully completed the special purpose examination in chiropractic, if the applicant has not taken the initial licensure examinations of the national board of chiropractic examiners.
(g) Has successfully completed a state law examination on the provisions of the Wisconsin statutes and administrative rules relating to chiropractic.
(h) Has not had a license or other credential limited, suspended or revoked by a licensing or regulatory authority in Wisconsin or other jurisdiction state or country.
(2) APPLICATION PROCEDURE. Each applicant shall file a completed application on forms provided by the department. The application shall include all of the following:
(a) The signature of the applicant.
(b) The fee required under s.
440.05(1), Stats.
(d) A certified transcript from a chiropractic college accredited by the commission on accreditation of the council on chiropractic education, or approved by the board,
(CCE) or by an agency approved by the United States Office of Education or its successor, or from a foreign school determined to be equivalent to an accredited college of chiropractic by the CCE or another approved accrediting agency, sent directly to the board by the college.
(e) A certified transcript verifying that the applicant has a bachelor's degree from a college or university accredited by an accrediting body nationally recognized by the secretary of the federal department of education United States Department of Education, or from a foreign school determined to be equivalent to an accredited college or university by an approved accrediting agency, if the applicant first applies for any license to practice chiropractic in any jurisdiction on or after July 1, 1998. The transcript shall be sent directly to the board by the college or university.
(f) Verification of successful completion of a practical examination demonstrating clinical competence which, in the board's judgment, is substantially equivalent to the practical examination demonstrating clinical competence accepted by the board. The verification shall be forwarded directly to the board from the state that administered the examination or from the national board.
(g) Proof of successful completion of the special purpose examination in chiropractic or the initial licensure examination of the national board of chiropractic examiners. The proof of completion shall be forwarded directly to the board from the institution that administered the examination.
(h) Proof of successful completion of the state law examination.
(i) Verification of licensure status in all states in which the applicant is or has been licensed to practice chiropractic.
(j) Information requested by the board relating to any convictions or pending charges for criminal offenses.
(k) An otherwise qualified applicant with a disability shall be provided with reasonable accommodations.
Note: Applications are available upon request to the board office located at 1400 East -Washington Avenue, P.O. Box 8935, Madison, WI 53708.
Note: Applications are available upon request to
from the Department of Regulation and Licensing, Chiropractic Examining Board, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.
(2) A temporary permit to practice chiropractic issued by the board is valid for 10 calendar days during the 12 month period immediately following its effective date, but no single period of practice under the temporary permit may exceed 3 calendar days. The board may issue a temporary permit to practice chiropractic to an individual who is licensed to practice chiropractic in another state or country. The applicant, or holder of for a temporary permit shall inform the board, in writing, of the locations at which and the dates on which the applicant or holder of the temporary permit will be practicing requests to practice under the temporary permit, prior to engaging in practice under the temporary permit. and shall request the issuance of a temporary permit. The board may issue a temporary permit for a reasonable time period based on the activity.
SECTION 20: Section
Chir 3.04 is amended to read:
Chir 3.04 Display of license. The license and certificate of biennial registration shall be displayed in a prominent place by every person licensed and currently registered by the board.
SECTION 21: Section
Chir 3.06 is amended to read
Chir 3.06 Professional title. A licensee shall use the suffix "D.C." or "Chiropractor" immediately following his or her surname for proper identification. The title "Doctor" or "Dr." may be used if "Chiropractor" is used following the name.
SECTION 22: Section
Chir 3.07 is amended to read:
Chir 3.07 Professional liability insurance. Every chiropractor practicing in the state of Wisconsin shall have professional liability insurance coverage in effect at all times in the amount of at least $100,000 for each occurrence and $300,000 for all occurrences in one year. The board shall may conduct random audits of chiropractors licensed and practicing in this state, and institute disciplinary proceedings against any chiropractor who fails to submit proof that he or she has insurance coverage meeting the minimum limits required by this section.
SECTION 23: Section
Chir 3.09 is amended to read:
Chir 3.09 Cardiopulmonary resuscitation certification. Every chiropractor shall obtain certification in cardiopulmonary resuscitation at least every 2 years. The board may grant a waiver of this requirement in cases of hardship or retirement from practice.
SECTION 24: The Note following section
Chir 4.04 (3) is amended to read:
Note: The board annually reviews for approval programs offered or approved by the council on chiropractic education, American chiropractic registry of radiographic technicians, the university of Wisconsin, the Wisconsin vocational, technical and adult education system, hospital training and other programs. A list of board-approved programs is available upon request from the board office.
3. Acupuncture by needle insertion or invasive laser application.
Note: A list of courses of instruction in therapeutic ultrasound and galvanic therapy approved by the board is available upon request from the board office at 1400 East Washington Avenue, Department of Regulation and Licensing, Chiropractic Examining Board, P.O. Box 8935, Madison, Wisconsin 53708.
(e) The board may grant a waiver, partial waiver or postponement of the continuing education requirements in cases of hardship.
(a) The program is sponsored by the Wisconsin chiropractic association, the American chiropractic association, the international chiropractors association, a college of chiropractic approved by the board, or a college of medicine or osteopathy accredited by an agency recognized by the United States department of education, or another chiropractic organization approved by the board.
(b) The program subject matter relates to improving the clinical skills of a chiropractor and is generally taught at the undergraduate or postgraduate level of a chiropractic college meeting the requirements of s.
Chir 2.02 (6) (b).
The board will not approve credit for continuing education regarding a technique or practice which the board has determined to be unsafe or ineffective.
(h) The instructor is qualified to present the course.
Note: Application forms are available on request to the board office located in 1400 East Washington Avenue, from the Department of Regulation and Licensing, Chiropractic Examining Board, P.O. Box 8935, Madison, Wisconsin 53708.
6. Describe the names and qualifications of all instructors, and if applicable, whether an instructor of the program who is an undergraduate or postgraduate faculty member of a sponsoring college was appointed in accordance with accreditation standards of the council on chiropractic education (CCE) or by an agency approved by the United States Office of Education or its successor.
SECTION 32: The Note following section
Chir 5.01 (6) is amended to read:
Note: Continuing education approval request forms are available upon request to the board office at 1400 East Washington Avenue, from the Department of Regulation and Licensing, Chiropractic Examining Board, P.O. Box 8935, Madison, Wisconsin 53708.
(14) Obtaining or attempting to obtain any compensation for chiropractic services by fraud, including billing for services not rendered or submitting a claim for a fraudulent diagnosis.
(3) Certifies to the board, on forms supplied by the board department:
(4) Certifies to the board, on forms supplied by the board department, that all chiropractors who participate as preceptors are faculty of the chiropractic college.
(5) Certifies to the board, on forms supplied by the board department, that the chiropractor preceptor and the chiropractic student have agreed on the goals of the preceptor program to be completed by the chiropractic student.
gram.
(3) Certifies to the board, on forms supplied by the board department:
(4) Certifies to the board, on forms supplied by the board department, that all chiropractors who participate as preceptors are faculty of the chiropractic college.
(5) Certifies to the board, on forms supplied by the board department, that the chiropractor preceptor and graduate chiropractor have agreed on the goals of the preceptor program to be completed by the graduate chiropractor.
(1) Certifies to the board, on forms supplied by the board department, that:
(a) The chiropractor preceptor has been continuously licensed in Wisconsin for the previous 5 years, and that there are no pending disciplinary actions or malpractice claims against the chiropractor preceptor in any state or country. and that there have been no disciplinary actions taken against the chiropractor preceptor within the last 3 years. If any discipline has ever been imposed in any state or country on any professional license held by the preceptor, the preceptor shall provide details of the discipline for the board's review.
SECTION 38: Section Chir 9.06 is repealed and recreated to read:
(1) A preceptorship shall terminate upon the occurrence of the earliest applicable of the following events:
(a) A chiropractic student participating in a preceptorship program graduates from the college of chiropractic operating the program.
(b) A graduate chiropractor participating in a postgraduate preceptorship program is declared to have passed or failed a chiropractic licensing examination by any licensing authority or the national board.
(c) Six months have passed since the graduate chiropractor graduated from a college of chiropractic.
(d) A chiropractor preceptor is formally charged with a criminal offense, the circumstances of which substantially relate to the practice of chiropractic.
(e) A chiropractor preceptor is formally alleged to have violated the statutes or administrative rules pertaining to the practice of chiropractic.
(f) A chiropractor preceptor is formally complained against in a civil action for malpractice.
(2) If a preceptorship is terminated under (1) (d), (e) or (f) above, the board may approve a replacement preceptor proposed by the chiropractic student or graduate chiropractor who satisfies the requirements in sec. Chir 9.05 (1) (a) and (c) through (f). The proposed chiropractor preceptor need not have been listed by the chiropractic college operating the preceptorship program.
(1) "Adjunctive services" means services which are preparatory or complementary to chiropractic adjustments of the spine or skeletal articulations, or both. "Adjunctive services" include the taking of a preliminary patient history. "Adjunctive services" does not include making a chiropractic diagnosis, analyzing a diagnostic test, or performing a chiropractic adjustment.
(2) "Preliminary patient history" means the process of gathering baseline data regarding a patient, including the nature of the chief complaint, family history, and medical history. The "preliminary patient history" is intended to provide a starting point for further inquiry by the chiropractor into the patient's condition.
SECTION 41: The Note following section Chir 10.01 (2) is repealed.
(3) The chiropractor retains ultimate responsibility for the manner and quality of the service.
SECTION 43: The Note following section
Chir 10.03 is amended to read:
Note: The coursework specified in s.
Chir 10.03 provides the training required by s.
Chir 4.04.
The board annually reviews for approval programs offered or approved by the council on chiropractic education, American chiropractic registry of radiographic technicians, the university of Wisconsin, the Wisconsin technical college system, hospital training and other programs. A list of board-approved programs is available upon request from the board office.
SECTION 44: Section Chir 10.04 is repealed.
SECTION 45: Section Chir 10.06 is repealed.
SECTION 46. A Note following section
Chir 11.02 (8) is created to read:
Note: Chiropractors should be aware that federal requirements, especially in the Health Insurance Portability and Accountability Act of 1996 (HIPAA), may have an impact on record-keeping requirements.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
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
(Management and Technology and Strategic Finance, Chs.
HFS 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
50.14 (5) (b),
227.11 (2) (a) and
227.24 (4), Stats., the Department of Health and Family Services will hold a public hearing to consider both the emergency rules and proposed permanent rules repealing s.
HFS 15.02 (2),
(6) and
(8), amending ss.
HFS 15.01,
15.04 and
15.07 (3), and repealing and recreating s.
HFS 15.03, relating to assessments on occupied, licensed beds in nursing homes and intermediate care facilities for the mentally retarded (ICF-MR.)
Hearing Information
Date & Time Location
October 15, 2003 State Office Building
(Thursday) at 2:00 PM 1 West Wilson Street
Room B155
Madison
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
2003 Wisconsin Act 33 modified section 50.14 of the Wisconsin statutes, relating to assessments on occupied, licensed beds in nursing homes and intermediate care facilities for the mentally retarded (ICF-MR.)
Under section 50.14 of the Wisconsin Statutes, nursing facilities (nursing homes and ICF-MRs) are assessed a monthly fee for each occupied bed. Facilities owned or operated by the state, federal government, or located out of state are exempt from the assessment. Beds occupied by a resident whose nursing home costs are paid by Medicare are also exempt. The rate, specified in section
50.14 (2) of the statutes, was $32 per month per occupied bed for nursing homes and $100 per month per occupied bed for ICF-MRs.
1. It broadened the scope of which types of long-term care facilities must pay a monetary assessment to the Department by:
- eliminating exemptions from being subject to the assessments of facilities owned or operated by the state or federal government, and beds occupied by residents whose care is reimbursed in whole or in part by medicare under
42 USC 1395 to
1395ccc; and
- eliminating the exclusion of unoccupied facility beds from facility bed count calculations.
2. It increased the per bed fee limit the Department may charge subject ICF-MRs, from $100 per bed to $435 per bed in fiscal year 2003-04 and $445 per bed in fiscal year 2004-05.
3. It increased the per bed fee limit the Department may charge subject nursing homes, from $32 per bed to $75 per bed.
4. It establishes the requirement that amounts collected in excess of $14.3 million in fiscal year 2003-04, $13.8 million in fiscal year 2004-05, and, beginning July 1, 2005, amounts in excess of 45% of the amount collected be deposited in the Medical Assistance Trust Fund.
5. It specifies that facility beds that have been delicensed under section
49.45 (6m) (ap) 1. of the statutes, but not deducted from the nursing home's licensed bed capacity under section 49.45 (6m) (ap) 4. a., are to be included in the number of beds subject to the assessment.
In response to these statutory changes, the Department issued an emergency rule effective July 28, 2003 to modify chapter HFS 15 accordingly. Through its proposed permanent rule order, the Department seeks to make permanent those changes to ch.
HFS 15 contained in the emergency order. This hearing is for both the emergency rule order and the identical proposed permanent rules.
Contact Person
The initial proposed rules upon which the Department is soliciting comments and which will be the subject of this hearing are posted at the Department's administrative rules website at:
www.adminrules.wisconsin.gov
To find out more about the hearing, or to comment on the proposed rule, please write or phone:
Jim Cobb
Division of Health Care Financing
P.O. Box 309
Madison, WI 53701-0309
608-264-6730 or,
if you are hearing impaired (608) 266-1511 (TDD)
cobbjd@dhfs.state.wi.us
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 Monday, October 20, 2003, will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
2003 Act 33, the 03-05 Biennial Budget Bill, includes the following changes to the Nursing Facilities Bed Assessment:
(a) Eliminates the exemption of state facilities from the assessment.
(b) Changes the assessment from an assessment on occupied beds to an assessment on licensed beds.
(c) Increases the assessment from $32 to $75 per bed per month for nursing homes and from $100 to $435 in FY 04 and $445 in FY 05 per bed per month for Intermediate Care Facilities for the Mentally Retarded (ICFs-MR).
Act 33 allows the Department to submit through an emergency rule procedure changes to HFS 15 to conform with the changes in the Act.
The local and state fiscal effect of the changes to the bed assessment in Act 33 have been included in the funding allocated through the Biennial Budget Bill. Because the state and local fiscal effects are assumed in Act 33, this rule change has no state or local fiscal effect.
Initial Regulatory Flexibility Analysis
The rule changes will affect about 10 facilities that may be considered small businesses as “small business" is defined in s.
227.114 (1) (a), Stats. However, the Department is not making any exception for those entities in the proposed rule because federal uniformity clauses do not allow exceptions for such assessments.
Notice of Hearing
Insurance
Notice is hereby given that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedure set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting Section
Ins 25.50 (1) and
(1) (a), Wis. Adm. Code, relating to an exception to disclosure of financial information.
Hearing Information
Date: October 22, 2003
Time: 10:00 a.m., or as soon thereafter as the matter may be reached.
Place: Room 227, OCI, 125 South Webster Street, Madison, WI.
Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI within 14 days following the date of the hearing. Written comments should be addressed to: Julie E. Walsh, OCI, PO Box 7873, Madison WI 53707.
Analysis Prepared by the Office of the Commissioner of Insurance
Under ch.
Ins 25, Wis. Adm. Code, a licensee of the Office of the Commissioner of Insurance, including a warranty plan, may not disclose nonpublic personal financial information to an unaffiliated third party unless the customer is given the opportunity to object to the disclosure (referred to as “opt out notice"). Nothing in this section is intended to permit telephone solicitation which would otherwise be prohibited under s.
100.52, Stats., or subch. 5 of ch.
ATCP 127.
The current rule allows licensees to disclose nonpublic personal financial information to affiliates without an opt-out notice. This rule will also allow a warranty plan licensee or an affiliate to disclose nonpublic financial information without an opt-out notice to a non-affiliate selling products or services under the licensee's brand name. The warranty plan licensee or affiliate may disclose only if the recipient agrees to use the information solely for sale of the branded product or service, to keep the information confidential, and to adhere to the licensee or affiliate's quality standards for the branded products or services.
Fiscal Estimate
The proposed amendment makes a narrow notification exception for qualified warranty plans to share nonpublic financial information with a non-affiliate only for the sale of the branded product or service with requirements to keep the information confidential, and to adhere to the licensee or affiliate's quality standards for the branded products or services. Nothing in the section permits telephone solicitations otherwise prohibited. Ultimately there could be cost reductions for certain plans and less consumer confusion.
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Contact Person
A copy of the full text of the proposed rule changes and fiscal estimate may be obtained from the OCI internet WEB site at
http://www.state.wi.us/agencies/oci/ocirules.htm or by contacting Inger Williams, Services Section, Office of the Commissioner of Insurance, at (608) 264-8110 or at 125 South Webster Street, PO Box 7873, Madison WI 53707-7873.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
29.014,
29.063,
29.335 and
227.24, Stats., interpreting ss.
29.063 and
29.335, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-37-03(E) pertaining to the regulation of baiting and feeding to control and manage chronic wasting disease and bovine tuberculosis. This emergency order took effect on September 11, 2003. This emergency rule bans deer baiting and feeding in counties of highest risk for chronic wasting disease, bovine tuberculosis and other infectious diseases for the 2003 deer hunting seasons and beyond. The rule also clarifies that baiting with 10 gallons or less of bait is allowed in counties not affected by this rule nor is feeding prohibited.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
October 13, 2003 Room 027, GEF #2
Monday 101 South Webster Street
at 1:00 p.m. Madison
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 Kurt Thiede at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the emergency rule may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than October 17, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule may be obtained from Mr. Thiede.
Fiscal Estimate
The proposed changes will not result in any significant changes in spending or revenue.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.041,
29.197,
227.11 (2) (a) and
227.24, Stats., interpreting ss.
29.014,
29.014 and
29.197, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-21-03(E) relating to the 2003 migratory game bird season. This emergency order took effect on August 28, 2003. The emergency rule established the season for ducks and Canada geese. The rule also eliminated a separate listing for pintail and canvasback seasons. The date of the two-day youth waterfowl hunt was also modified.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
October 14, 2003 Room 511, GEF #2
Tuesday 101 South Webster Street
at 1:00 p.m. Madison
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 Kurt Thiede at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the emergency rule may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than October 16, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule may be obtained from Mr. Thiede.
Fiscal Estimate
The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provisions of this bill.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.604 and
227.11, Stats., interpreting s.
29.604, Stats., the Department of Natural Resources will hold public hearings on amendments to s.
NR 10.02 (1) and the repeal of s.
NR 27.03 (3) (a), Wis. Adm. Code, relating to the classification of gray wolves. The proposed rule will remove the gray wolf from the threatened species list in s.
NR 27.03 and add it to the protected wild animal list in s.
NR 10.02.
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 5, 2003 Auditorium, Ag Research Center
Wednesday W6646 Hwy. 70
at 6:00 p.m. Spooner
Schmeekle Reserve
UW-Stevens Point
2419 North Point Drive
Stevens Point
Room 027, GEF #2
101 South Webster St.
Madison
November 6, 2003 James Williams Jr. High School
Thursday 915 Acacia Lane
at 6:00 p.m Rhinelander
LGI Room
Black River Falls Middle School
1202 Pierce Street
Black River Falls
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 Randy Jurewicz at (608) 267-7507 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Wolf Biologist, P.O. Box 22, Park Falls, WI 54552 no later than November 21, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule may be obtained from Mr. Randy Jurewicz, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707.
Fiscal Estimate
It is not anticipated that the implementation of these rules will result in a fiscal impact above what could be absorbed within the agency's budget. The enforcement of these rules will be done as part of the regular duties of conservation wardens. However, there will be a workload impact, as enforcement of these regulations will likely result in the inability to enforce other resource laws, since the current budget will not allow the addition of seasonal wardens to assist in the enforcement of these new regulations.
Notice of Hearing
Psychology Examining Board
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, Stats., 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 amend and create ch.
Psy 5, relating to the practice of sexual misconduct.
Hearing Date, Time and Location
Date: November 12, 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.
Analysis prepared by the Department of Regulation and Licensing.
This proposed rule-making re-defines dual relationships and prohibited dual relationships, modifies the existing language of a prohibition on exploitative relationships, clarifies the responsibility of license-holders to cooperate with board investigations, creates a requirement to maintain records, and establishes a violation of a board order as unprofessional conduct.
SECTION 1 creates definitions of “dual relationship" and “prohibited dual relationship".
SECTION 2 adds kissing to a list of quasi-sexual actions prohibited with clients, adds the words "romantic, harassing, or exploitative" to the definition of quasi-sexual actions, and explicitly places the burden of proving that a former client is not vulnerable by reason of emotional or cognitive disorder if a psychologist enters into sexual or quasi-sexual activity.
SECTION 3 simplifies and clarifies the prohibition on dual relationships, by implicit reference to the definitions created in section 1 above.
SECTION 4 clarifies a license-holder's responsibility to cooperate with a request for information from the board.
SECTION 5 creates a record-keeping requirement.
SECTION 6 expands the definition of unprofessional conduct to include violation of a psychology statute, a psychology rule or a board order.
Text of Rule
(5m) “Dual relationship" means a situation in which a psychologist provides professional services to a person with whom the psychologist has another relationship such as, but not limited to, relatives, close friends, employees or employers, students or other supervisees.
(9) “Prohibited dual relationship" means a dual relationship which might impair objectivity or effectiveness, or permit exploitation, or create an actual, apparent or potential conflict of interest.
SECTION 2: Section Psy 5 (14) is amended to read:
(14) Engaging in sexual contact, sexual conduct, kissing, or any other behavior which could reasonably be construed as seductive, romantic, harassing, or exploitative, with:
(a) A client.
(b) A former client within 2 years of termination of professional services.
(c) A former client beyond 2 years of termination of professional services, unless the licensee can demonstrate that there has been no exploitation of the former client, and that the former client is not vulnerable by reason of emotional or cognitive disorder to exploitive influence by the psychologist, in light of all relevant factors, including:
1. The length of time which had passed between the termination of professional services and the conduct.
2. The nature and duration of the professional services.
3. The circumstances of termination.
4. The client's personal history.
5. The client's mental status at the time the conduct took place.
6. The likelihood of adverse impact on the client or others.
7. Statements or actions made by the licensee during the course of professional services suggesting or inviting the possibility of a post-termination sexual or romantic relationship with the client.
SECTION 3: Section Psy 5 (17) is amended to read:
(17) Failure to avoid prohibited dual relationships. or relationships that may impair one's objectivity or create a conflict of interest. Dual relationships include treating employes, supervisees, close friends or relatives.
SECTION 4: Section Psy 5 (24) is amended to read:
(24) Refusal upon request to cooperate in a timely manner with the board's investigation of complaints lodged against the applicant or licensee of the board. Failure to respond honestly and in a timely manner to a request for information from the board or the Department of Regulation and Licensing. Persons taking longer than 30 days to provide requested information will have the burden of demonstrating that they have acted in a "timely manner." Taking longer than 30 days to respond creates a rebuttable presumption that the response is not timely.
SECTION 5: Section Psy 5 (33) is created to read:
(33) Failing to maintain adequate records relating to services provided a client in the course of a professional relationship. Each patient record entry shall be dated, shall identify the treating therapist, and shall be sufficiently legible to allow interventions by others. Such records shall contain all of the following:
(a) Pertinent patient history.
(b) Pertinent objective findings related to examination and test results.
(c) Assessment or diagnosis.
(d) Plan of treatment for the patient.
(e) A discharge summary upon termination of treatment.
SECTION 6: Section Psy 5 (34) is created to read:
(34) Violating any provision of ch.
455, Stats., or any rule or order of the board.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
Final 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
Public Service Commission
NOTICE IS GIVEN that a hearing will be held beginning on Friday, October 24, 2003, at 10:30 a.m. in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, and continuing at times to be set by the presiding Administrative Law Judge. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations should contact the person listed below.
The Commission proposes an order to amend ss.
PSC 111.03 (1) (a) and
(b),
PSC 111.11 (2) (a) 1. to
6.,
PSC 111.13 (2),
PSC 111.21 (1) (c),
PSC 111.21 (1) (d) (intro.), PSC 111.21 (1) (e) (intro.), PSC 111.21 (1) (f), PSC 111.23 (2) (intro.), PSC 111.25 (2), PSC 111.31 (1), PSC 111.33, PSC 111.35, PSC 111.43 (1) (intro.), PSC 111.43 (3) (a) (intro.), and PSC 111.43 (4), Wis. Admin. Code, relating to rules concerning the time period covered by a strategic energy assessment.
Analysis Prepared by the Public Service Commission of Wisconsin
Statute interpreted: s.196.491(2), Stats.
Section
196.491 (2) (a), Stats., directs the Commission to prepare a strategic energy assessment (SEA) every two years. The statute also directs the Commission to promulgate rules that establish procedures for reporting information necessary to prepare an SEA. Those rules have been promulgated as Ch PSC 111, Wis. Admin. Code.
Each SEA is intended to evaluate the adequacy and reliability of the state's current and future electrical supply. Although the statute directs the Commission to specifically identify utility electric generating facility and high-voltage transmission line construction plans within a three year period (s.
196.491 (2) 3. and 3m, Stats.), a three year planning horizon for SEA purposes does not adequately provide the Commission sufficient data to assess future electric reliability, given the lead times needed to plan a project, obtain necessary approvals, and actually construct generating or transmission facilities.
Current Chapter
PSC 111 describes the types of data the Commission collects to prepare each SEA and the time periods the data should cover. Currently, the time period runs for 3 years, the two years covered in the SEA and one succeeding year. This rulemaking revises the time period to be covered by SEA data. The rule will extend the period covered by an SEA from three to seven years.
Text of Proposed Rule
Section 1. PSC 111.03 (1) (a) and (b) are amended to read:
PSC 111.03 (1) (a) The SEA is biennial, covering 2 calendar years. All data required in subch. II, III, IV or V to be filed for the 3-year 7-year period encompassing the SEA shall cover this 2-year period, plus one 5 succeeding calendar year years.
PSC 111.03(1)(b) The first SEA shall cover the period commencing January 1, 2000, and ending on December 31, 2001. The 3-year period encompassing the initial SEA shall cover January 1, 2000, through December 31, 2002.
Section 2. PSC 111.11(2)(a)1. to 6. are amended to read:
PSC 111.11(2)(a)1. Monthly peak demand data for the 3-year 7-year period encompassing the SEA, including responsibility for power losses. Any loss responsibility associated with the delivery of purchased capacity shall be separately identified.
2. The reduction in the summer and winter peak demand, for any of the 3 years encompassing the SEA, due to direct load control programs that allow system operators to manage customer loads.
3. The reduction in the summer and winter peak demand, for any of the 3 years encompassing the SEA, due to the interruption of customer load by tariff or contract.
4. The effect on summer and winter peak demand, for any of the 3 years encompassing the SEA, due to each capacity sale including reserves that affects peak demand.
5. The effect on summer and winter peak demand, for any of the 3 years encompassing the SEA, due to each capacity purchase including reserves that affects peak demand. Any part of a purchase intended to compensate for transmission losses associated with delivery of the purchase shall be separately identified. For each out-of-state capacity purchase including reserves cited under this paragraph, the buyer shall demonstrate that the seller is treating its sale with the same priority as the electrical demand that the seller is legally obligated to serve.
6. The effect on summer and winter peak demand, for any of the 3 years encompassing the SEA, due to any arrangements other than those specified in subds. 1. to 5., that also affect peak demand in Wisconsin.
Section 3. PSC 111.13 (2) is amended to read:
PSC 111.13 (2)
Data submission. Each electricity provider, except operators of wholesale merchant plants, shall calculate adjusted electric demand for the
3-year
7-year period encompassing the SEA and submit the results to the commission. Any transmission loss responsibility associated with delivery of a particular capacity purchase including reserves, as defined in s.
PSC 111.11 (1) (a), shall be separately identified. All miscellaneous demand factors that decrease peak demand shall be deductions when calculating adjusted electric demand. All miscellaneous demand factors that increase peak demand shall be additions when calculating adjusted electric demand.
Section 4. PSC 111.21(1)(c) is amended to read:
PSC 111.21(1)(c) A complete identification and description of each unit's net rated capacity that the electricity provider intends to retire during the 3-year
7-year period encompassing the SEA, including the month and year of expected retirement.
Section 5. PSC 111.21(1)(d)(intro.) is amended to read:
PSC 111.21(1)(d)(intro.) A complete identification and description of each generating addition the electricity provider proposes to commence constructing during the 3-year 7-year period encompassing the SEA, including all of the following:
Section 6. PSC 111.21(1)(e)(intro.) is amended to read:
PSC 111.21(1)(e)(intro.) A complete identification and description of each expected capacity change at existing generating units during the 3-year 7-year period encompassing the SEA, including all of the following:
Section 7. PSC 111.21(1)(f) is amended to read:
PSC 111.21(1)(f) A complete identification and description of each supply factor that is not covered by pars. (a) to (e), but also affects electric power supply during peak demand in Wisconsin for the 3-year 7-year period encompassing the SEA.
Section 8. PSC 111.23(2)(intro.) is amended to read:
PSC 111.23(2)(intro.) Capacity purchases or sales without reserves. Each electricity provider, except operators of wholesale merchant plants, shall submit for the 3-year 7-year period encompassing the SEA, summer and winter peak data listing all of the following data:
Section 9. PSC 111.25(2) is amended to read:
PSC 111.25(2)
Data submission. Each electricity provider, except operators of wholesale merchant plants, shall calculate electric power supply for the
3-year
7-year period encompassing the SEA and submit the results to the commission. Any part of a capacity purchase without reserves, as defined in s.
PSC 111.23 (1) (a), that is intended to compensate for transmission losses associated with delivery of that purchase, shall be excluded from the calculation of electricity power supply. All miscellaneous supply factors that decrease supply resources shall be deducted from electric power supply. All miscellaneous supply factors that increase supply resources shall be added to electric power supply.
Section 10. PSC 111.31(1) is amended to read:
PSC 111.31(1) Average energy production cost. The electricity provider's average energy production cost for each type of generating unit, including nuclear, coal-fired, gas simple-cycle, gas combined-cycle, diesel and renewable units. The electricity provider shall specify the expected range of energy production cost by unit type for each year in the 3-year 7-year period encompassing the SEA.
Section 11. PSC 111.33 is amended to read:
PSC 111.33 Pollutant data. Each electricity provider shall submit, for the
3-year 7-year period encompassing the SEA, the annual average level of emissions identified in s.
PSC 111.21 (1) (a) 6., per kWh of output.
Section 12. PSC 111.35 is amended to read:
PSC 111.35 Energy conservation data. Any electricity provider, except self-providers and operators of wholesale merchant plants, that provides rate-based energy efficiency programs to Wisconsin customers directly or by contracting, shall provide all of the following energy conservation activity data and information for the 3-year 7-year period encompassing the SEA:
Section 13. PSC 111.43(1)(intro.) is amended to read:
PSC 111.43(1)(intro.) New high voltage transmission lines. A complete description of each high-voltage transmission line that the transmission provider intends to own in whole or in part, on which construction is planned to commence within 3 7 years, including all of the following:
Section 14. PSC 111.43(3)(a)(intro.) is amended to read:
PSC 111.43(3)(a)(intro.) For each of the 3 7 years encompassing the SEA, the most recent power flow base case undertaken by the reliability council in which the transmission provider is located, for each of the following conditions:
Section 15. PSC 111.43(4) is amended to read:
PSC 111.43(4) U
se of the transmission system. If the transmission provider charges a tariffed amount for use of its transmission system, monthly data, for the
3-year
7-year period encompassing the SEA, on total transfer capability, available transfer capability and confirmed reservations for the use of the transmission system. Total transfer capability and available transfer capability shall be calculated in accordance with the provider's obligations, under
18 CFR Part 37, to calculate these values. Reservation data under this subsection shall concern only those reservations that are firm and of monthly duration or longer. Data shall include any transmission margins applied in the calculation of available transfer capability and any other use of the transmission system relevant to the calculation of monthly available transfer capability, including use by the transmission provider to meet existing commitments.
Fiscal Estimate
This rule has no fiscal impact.
Initial Regulatory Flexibility Analysis
The rules being revised apply to an entity that has or expects to have generation in this state greater than 5 megawatts, that provides electric service to end users, or that provides electric transmission service in this state. It is unlikely that any such entity would be a small business as defined in s.
227.114(1), Stats. Therefore, the proposed rules are not expected to affect small businesses as defined in s.
227.114(1), Stats.
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact the docket coordinator listed below.
Questions regarding this matter may be directed to Assistant General Counsel
John Lorence at (608) 266-8128, or by e-mail at
john.lorence@psc.state.wi.us.
