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.
