1. The amount and method of payment.
2. The date, and place and method of delivery.
3. The terms of any personal guarantee.
4. The nature and duration of the trial period and extension, if any.
5. The refund policy and amount, if any.
6. The product return and exchange policy, if any.
7. The product repair policy, if any.
(g) Failed to perform cerumen management in a competent manner.
SECTION 15. HAS 6.18 (3) is renumbered HAS 6.18 (2) and is amended to read:
HAS 6.18 (2) (intro.) In this
section, “conduct in the practice of speech-language pathology or audiology which evidences a lack of knowledge or ability to apply professional principles or skills" includes subchapter and in s. 459.34 (2) (h), Stats., the following, without limitation because of enumeration, are violations of standards of professional behavior that constitute unprofessional conduct:
(a) Subject to ss.
111.321,
111.322 and
111.34, Stats., practicing or attempting to practice speech-language pathology or audiology while the person's ability to practice is impaired by a mental or emotional disorder.
(b) Using the title “speech-language pathologist," “audiologist" or any similar title unless the individual holds a current speech-language pathologist or audiologist license granted under s.
459.24 (2) or
(3), Stats.
(c) Violating the conditions or limitations placed upon a license or permit by the board.
(d) Engaging in conduct likely to deceive, defraud, or harm an individual or the public in the course of the practice of speech-language pathology or audiology.
(e) Having a license, certificate, permit or registration issued by another jurisdiction to practice as a speech-language pathologist or audiologist limited, suspended or revoked.
(f) Aiding or abetting an unlicensed person, knowingly conspiring with an unlicensed person, or allowing one's license to be used by an unlicensed person to evade the use of a title prohibited under s.
459.24 (1) or
(1m), Stats.
(g) Engaging in sexual intimacies in connection with the practice of speech-language pathology or audiology.
(h) Failing to fully inform persons served of the nature and possible adverse effects of services rendered and products dispensed.
(i) Failing to evaluate the effectiveness of services rendered or products dispensed.
(j) Providing services or dispensing products when benefits cannot reasonably be expected.
(k) Guaranteeing the results of any treatment or procedure, directly or by implication, except that a reasonable statement of prognosis may be made.
(L) Evaluating or treating speech, language, or hearing disorders except in a professional relationship.
(m) Treating solely by correspondence.
(n) Failing to maintain adequate records of professional services rendered and products dispensed for a period of 5 years.
Note: Speech-language pathologists and audiologists are also required to maintain patient health care records in accordance with ss.
146.81 to
146.84, Stats.
(o) Failing to provide access to records of professional services rendered and products dispensed when requested by the board or its representative in connection with an investigation of a complaint filed against the applicant, licensee or permittee.
(p) Failing to record all of the following information in each client record:
1. The name of the licensee.
2. The date of entry of pertinent information.
3. Information sufficiently legible to allow interpretation by other individuals for the benefit of the client.
(q) Misrepresenting diagnostic information, services rendered, or products dispensed or engaging in any scheme to defraud in connection with obtaining reimbursement.
(r) Using persons in research or as the subject of a teaching demonstration without obtaining their informed consent.
(s) Failing to practice speech-language pathology or audiology within the scope of the licensee's competence, education, training and experience.
(t) Delegating the provision of clinical services to an unlicensed individual for whom the licensee does not provide direct supervision.
(u) Delegating the provision of clinical services to a temporary licensee for whom the licensee does not provide supervision.
(v) Knowingly permitting any professional staff or unlicensed individual to provide clinical services that exceed that person's competence, education, training and experience.
(w) Failing to assign credit to persons who have contributed to clinical services, a publication, presentation or product in proportion to their contribution.
(x) Failed to perform cerumen management in a competent manner Violating any federal or state statute, rule or regulation that relates to the practice of speech-language pathology or audiology, as appropriate.
SECTION 16. HAS 7.02 is amended to read:
HAS 7.02 Licenses. Hearing instrument specialist licenses granted under ss.
459.05 and
459.06, Stats., expire on February 1 of each
even-numbered odd-numbered year. Except as provided in s.
459.24 (6), Stats., speech-language pathologist and audiologist licenses granted under ss.
459.24 and
459.28, Stats., expire on February 1 of each odd-numbered year.
SECTION 17. HAS 7.03 (1) (d) is amended to read:
HAS 7.03 (1) (d) Certification Except as provided in par. (e), certification that the applicant has completed, within the 2 years immediately preceding the date of his or her application, 20 hours of continuing education programs or courses of study approved by the board.
SECTION 18. HAS 7.03 (1) (e) is created to read:
HAS 7.03 (1) (e) A new licensee is not required to report continuing education hours until the second renewal date following the initial grant of his or her license.
SECTION 19. HAS 7.03 (2) (c) is amended to read:
HAS 7.03 (2) (c)
Certification Except as provided in par. (d), certification that the applicant has completed, within the 2 years immediately preceding the date of his or her application, 20 hours of continuing education programs or courses of study approved by the board, as provided under s.
HAS 8.03.
SECTION 20. HAS 7.03 (2) (d) is created to read:
HAS 7.03 (2) (d) A new licensee is not required to report continuing education hours until the second renewal date following the initial grant of his or her license.
SECTION 21. HAS 8.03 (1) is amended to read:
HAS 8.03 Continuing education. (1) A licensee Except as provided in sub. (6), hearing instrument specialists, audiologists and speech-language pathologists shall complete at least 20 hours of board approved continuing education programs or courses of study which pertain to the practice of fitting and dealing in hearing instruments, audiology or speech-language pathology, as appropriate, in each biennial renewal period.
SECTION 22. HAS 8.03 (6) is created to read:
HAS 8.03 (6) A new licensee is not required to report continuing education hours until the second renewal date following the initial grant of his or her license.
SECTION 23. HAS 8.04 (1) is amended to read:
HAS 8.04 Approval of continuing education programs and courses of study. (1) Except as provided in subs. (6) and (7), to apply for approval of a continuing education program or course of study, a sponsor shall submit to the board office, at least 45 30 calendar days prior to the first date the program or course of study is offered, an application on forms provided by the board and shall include the name of the sponsor, the program or course title, general description and an outline of the program or course, the dates, the location, the name and qualifications of each instructor.
Notice of Hearing
Insurance
(Corrected and Reprinted from March 31, 2005 Register)
Notice is hereby given that pursuant to the authority granted under s.
601.41(3), Stats., and the procedures 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 3.09 (19), Wis. Adm. Code, relating to mortgage guaranty insurance.
Hearing Information
Date: Monday, April 18, 2005
Time: 10:00 a.m., or as soon thereafter as the matter may be reached.
Place: OCI, Room 223
125 South Webster St 2nd Floor
Madison, WI
Written comments or comments submitted through the Wisconsin Administrative Rule website at:
https://adminrules.wisconsin.gov on the proposed rule will be considered. The deadline for submitting comments is 4:00 p.m. on the 7
th day after the date for the hearing stated in this Notice of Hearing.
Written comments should be sent to:
Fred Nepple
Legal Unit - OCI Rule Comment for Rule Ins 3.09 (19)
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
Statutes interpreted
Sections
600.01,
601.42,
611.19 (1),
611.24,
618.21,
623.02,
623.03,
623.04,
623.11,
627.05,
628.34 (12), and ch.
617 Stats.
Statutory authority
Sections
601.41 (3),
601.42,
611.19 (1),
618.21,
623.02,
623.04,
623.11,
627.05,
628.34 (12), and ch.
617, Stats.
Explanation of the OCI's authority to promulgate the proposed rule under these statutes:
The proposed rule modifies the current restriction on issuance of mortgage guaranty insurance to or for the benefit of affiliates, and is authorized as governing an unfair trade practice under s.
628.34 (12), Wis. Stats., and as addressing financial risk to the insurer governed by statutes allowing the commissioner to establish standards and reporting requirements, including ss. under 601.42, 611.19 (1), 618.21, 623.02, 623.04, 623.11, 627.05, and for affiliate transactions under ch.
617, Stats.
Related Statutes or rules
None
The plain language analysis and summary of the proposed rule
Under current rules a mortgage guaranty insurer may not directly or indirectly issue coverage for mortgages originated by an affiliate, unless the insurer is no more than 50% owned or controlled by the affiliate. The proposed rule would permit the insurer to issue coverage for mortgages originated by the affiliate but only subject to the same underwriting standards as are applied to non-affiliates. The proposed rule requires the insurer to annually file an officer's certification of compliance.
Summary of and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
None
Comparison of similar rules in adjacent states as found by OCI
Iowa: None
Illinois: Section 50 ILAC 202.60 (e) of Illinois insurance regulations prohibits a mortgage insurer from covering loans originated by a lender if the lender or its affiliate owns an equity interest in the mortgage insurer.
Minnesota: None
