Scope statements
Barbering and Cosmetology Examining Board
Subject
Creating a rule provision clarifying that any act of fraud committed in the licensing process is misconduct which subjects the perpetrator to discipline or denial of licensure. Individuals have previously utilized forged or altered documents to represent that they have a license, when they do not. In addition, schooling documents have been altered to represent that the credential holder had obtained a certain amount of schooling when the licensee had not. This rule will address these situations, creating a penalty for using forged or altered documents during the licensing process.
Policy analysis
Objective of the rule. Currently, s.
454.15 (2) (a), Stats., allows the board to “revoke, limit, suspend or refuse to issue or renew" a license if a material misstatement is made in an application for licensure or renewal. In addition, s.
BC 3.04 provides that falsification of any information on an establishment application may be grounds for denial, suspension or revocation of the establishment license and subject the person to a $100-$5,000 fine, imprisonment of 10-90 days, or both, under s.
454.16, Stats.
In these statutes and rules, penalties may only be enforced for actions that have taken place during the application process. In order to more thoroughly address this problem, this rule would address the use of forged or altered documents during the licensing process for all of the barbering and cosmetology professions. This rule would provide the board with a mechanism to address situations that do not occur during the application process.
Existing policies relevant to the rule, new policies proposed and analysis of policy alternatives
Section
BC 3.04 addresses falsification of information in establishment applications. Section
454.15 (2) (a), Stats., allows the board to “revoke, limit, suspend or refuse to issue or renew" a license if a material misstatement is made in an application for licensure or renewal.
This rule would expand on this to create a violation for using forged or altered documents during the licensing process, not just the application process, and would clarify that penalties exist for situations where forged or fraudulent documents are used.
Statutory authority
Comparison with federal regulations
There is none.
Entities affected by the rule
Barbering and cosmetology licensees and applicants who produce or provide forged or fraudulent documents in the licensing process.
Staff time required
300 hours.
Barbering and Cosmetology Examining Board
Subject
Creating a rule change, amending s.
BC 4.03, to require a minimum standard for the amount of pressure to be used when sanitizing instruments during steam sterilization.
Policy analysis
Objective of the rule. As recommended by the Centers for Disease Control and Prevention (CDC), the objective is to create a time-pressure-temperature relationship for instruments used in the barbering and cosmetology field that eliminate all disinfections. Currently, Wisconsin rules and statutes do not contain the pressure component that is necessary to carry this out.
Sterilization is the process which destroys all forms of microbial life, including large numbers of highly resistant bacterial endospores. The recommended methods of sterilization of instruments and items used in the practice of electrology are FDA approved dry heat sterilizers or autoclaves. These methods are standardized and can be routinely monitored for effectiveness.
In general, reusable medical devices or patient-care equipment that enters normally sterile tissue or the vascular system or through which blood flows should be sterilized before each use. Sterilization means the use of a physical or chemical procedure to destroy all microbial life, including highly resistant bacterial endospores. The major sterilizing agents used in facilities are a) steam autoclaving, b) ethylene oxide gas, and c) dry heat.
Disinfection means the use of a chemical procedure that eliminates virtually all recognized pathogenic microorganisms but not necessarily all microbial forms (e.g., bacterial endospores) on inanimate objects. There are three levels of disinfection: high, intermediate, and low. High-level disinfection kills all organisms, except high levels of bacterial spores, and is effected with a chemical germicide cleared for marketing as a sterilant by the Food and Drug Administration. Intermediate-level disinfection kills mycobacteria, most viruses, and bacteria with a chemical germicide registered as a “tuberculocide" by the Environmental Protection Agency (EPA). Low-level disinfection kills some viruses and bacteria with a chemical germicide registered as a hospital disinfectant by the EPA.
In order to kill the necessary levels of disinfections with an autoclave with steam, three components are required, which are heat exposure at a minimum of 121 deg Celsius (250 F), except for 30 minutes of time at 15 pounds per square inch (PSI) of pressure. Currently within Wisconsin rules and statutes the essential pressure component is missing.
Existing policies relevant to the rule, new policies proposed and analysis of policy alternatives
Section
BC 4.03 sets requirements for heat and time when steam sterilizing using moist heat. Section
4.03 (1) currently reads: BC 4.03 (1)
Sterilization in ss.
BC 4.07,
4.09 and
4.10 shall be accomplished by use of a dry heat or steam sterilizer cleared for marketing by the food and drug administration, used according to manufacturer's instructions. If steam sterilization, moist heat, is utilized, heat exposure shall be at a minimum of 121
° C., F., for at least 30 minutes. If dry heat sterilization is utilized, heat exposure shall be at a minimum of 171
° C., 340
° F., for at least 60 minutes.
A requirement related to the amount of pressure used during this process does not exist.
Statutory authority
Comparison with federal regulations
There is none.
Entities affected by the rule
Barbering and cosmetology licensees.
Staff time required
300 hours.
Insurance
Subject
Regarding filing of insurance forms and insurance policy language simplification and affecting small businesses.
Objective of the rule. A statement of the objective of the proposed rule:
Consider changes in administrative rules required to adopt the National Association of Insurance Commissioners (NAIC) uniform insurance rate and form transmittal documents and uniform product coding and changes to the certification used to report insurance policy language simplification.
Policy analysis
Currently Chapter
Ins 6 requires the use of rate and form transmittal documents which are unique to the State of Wisconsin and for use in Wisconsin only.
It is the intent to adopt language and conform to the nationally accepted uniform insurance form listing and to modify rules relating to rate and form transmittal documents. By adopting the uniform language and form file listings Wisconsin will require insurers to utilize the nationally accepted uniform insurance rate and form transmittal documents. All other states will be utilizing these uniform rate and form transmittal documents. Failure to require the use of these uniform rate and form transmittal documents will result in confusion and duplication efforts for insurers and may constitute grounds for the imposition of federal regulation.
Statutory authority
The statutory authorities for this rule are sections 601.42, 631.20, 631.22 and 631.61, Wis. Stat.
Staff time required
100 hours and no other resources are necessary.
Comparison with federal regulations
There is currently no federal regulation of insurance form and rate listing. Use of uniform listing forms will eliminate the need for federal regulation in the future.
Entities affected by the rule
Insurance companies, rate service organizations and third party filers contracted to file forms, rates and insurance policy certification forms for insurance companies.
Transportation
Subject
Objective of the rule. This rule making will amend ch.
Trans 327, relating to intrastate motor carrier safety regulations, to bring them into conformity with the most recent changes to the Federal Motor Carrier Safety Regulations which went into effect on January 1, 2006. Amendment of this rule will assure State Patrol inspectors and troopers are enforcing the most recent Federal Motor Carrier Safety regulations for intrastate carriers. This proposed rule will keep the Department in compliance to qualify for continued Motor Carrier Safety Assistance Program (MCSAP) funding.
Policy analysis
The Department annually updates Trans 327 to keep current with the most recent changes to the Federal Motor Carrier Safety Regulations,
49 CFR parts 40,
382,
390,
391,
392,
393,
395,
396, and
397.
The rule will continue to reference the use of the most recent North American Standard Out-of-Service criteria for placing vehicles and drivers out-of-service.
Entities affected by the rule
Intrastate Motor Carriers and law enforcement will be affected by this rule.
Statutory authority
Staff time required
It is estimated that state employees will spend 100 hours on the rule making process, including research, committee meetings, drafting and conducting public hearings.
Workforce Development
Subject
Wages exempt from levy for delinquent unemployment insurance contributions or benefit overpayments.
Policy Analysis
Section
108.225, Stats., allows the Department to administratively collect debts owed under the unemployment insurance program by levy upon any property belonging to the debtor. In this section, debt means a delinquent contribution, a benefit overpayment, an assessment due to a person making a false statement or representation to obtain benefits in the name of another person, or any liability of a 3
rd party for failure to surrender to the Department property or rights to property subject to levy.
Generally, in the case of benefit overpayments, an individual debtor is entitled to an exemption from levy of 80% of the debtor's disposable earnings. An exception provides that the debtor's disposable earnings are totally exempt from levy if the debtor's wages are below the poverty line established under
42 USC 9902 (2) for a household of the debtor's size or the levy would cause that result. The proposed rule will prescribe a methodology for application of this exception.
Any employing unit that aids and abets a claimant in committing an act of concealment of a material fact relating to the claimant's eligibility for benefits may be required to forfeit an amount equal to the amount of the benefits the claimant improperly received as a result of the concealment. In the case of forfeitures imposed on an employing unit, an individual debtor is entitled to an exemption from levy of the greater of (1) a subsistence allowance of 75% of the debtor's disposable earnings; (2) an amount equal to 30 times the federal minimum hourly wage for each full week of the debtor's pay period; or (3) in the case of earnings for a period other than a week, a subsistence allowance computed so that is equivalent to the weekly exemption using a multiple of the federal minimum hourly wage. The proposed rule will prescribe the multiples of the federal minimum wage for use in the case of earnings for a period other than a week.
Statutory authority
Entities affected by the rule
Unemployment insurance program debtors
Comparison with federal requirements
There are no federal requirements on the changes in the proposed rules.
Staff time required
90 hours.
