Rule-Making Notices (Hearing Notices)

SECTION 1. Chir 6.02 (6) is amended to read:

Chir 6.02 (6) Performing professional services inconsistent with training, education or experience. Prior to application to patients of new therapies or treatment modalities, a chiropractor shall obtain adequate and appropriate training and education. Such training and education may be obtained from coursework at an accredited college of chiropractic, or from a board-approved continuing education program or from a program sponsored by an organization listed in s. Chir 5.02 (1) (a).

Notice of Hearing

Chiropractic Examining Board

[CR 06-007]

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Chiropractic Examining Board in ss. 15.08 (5) (b). 227.11 (2) and 446.02 (2) (b), Stats., and interpreting s. 446.02 (1) (b) and (2) (a), Stats., the Chiropractic Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal ss. Chir 5.01 (1) (c) and (d) and 5.02 (3); to renumber and amend s. Chir 5.01 (3); and to create ss. Chir 5.01 (3) (b) to (e), 5.02 (1) (i), (4) (a) 8., a. and b., and (7), relating to continuing education credit and approval of continuing education programs.

Hearing Date, Time and Location

Date:   April 27, 2006

Time:   8:15 a.m.

Location:   1400 East Washington Avenue

  Room 121A

  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 Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at [e-mail]. Comments must be received on or before May 11, 2006 to be included in the record of rule-making proceedings.

Statutes interpreted: Section 446.02 (1) (b), Stats.

Statutory authority: Sections 15.08 (5) (b), 227.11 (2) and 446.02 (1) (b), Stats.

Explanation of agency authority:

The Chiropractic Examining Board has the authority under s. 446.02, Stats., to establish the requirements of continuing education for license renewal. Presently, those requirements are set forth in Chapter Chir 5. The proposed rule removes references to outdated requirements and provides for approval of non-classroom technology-based educational opportunities. This proposal is intended to allow chiropractors to take advantage of educational opportunities that are or will become available in non-classroom settings by advances in technology while maintaining the value of active participation and the assurances of assessment tools.

Related statute or rule:

There are no related statutes or rules other than those listed above.

Plain language analysis:

SECTION 1 repeals one-time ethics and radiology education requirements that were required for the 2003 to 2004 biennium.

SECTION 2 repeals language that requires the student to be physically present in the room in which the program is presented. The removal of this restriction is necessary to facilitate distance learning alternatives.

SECTION 3 establishes a limitation of 12 continuing education hours that may be obtained from technology-based non-classroom education programs. This SECTION requires that such programs must have a written assessment instrument to assure that the student actively participated and derived a benefit. This SECTION also allows in the case of extreme hardship for accumulation of more than 12 hours of non-classroom continuing education.

SECTION 4 sets forth the requirements of technology-based non-classroom continuing educational programs in addition to the requirements common to all continuing educational programs. These additional requirements include that the student must take a written assessment instrument and demonstrate that they actively participated in the program and demonstrate that they received a measurable benefit from their participation. These programs must also contain a reasonable security measure to assure that the enrolled student is the actual participant.

SECTION 5 repeals language authorizing non-classroom education in cases of extreme hardship because the language was recreated in SECTION 3.

SECTION 6 creates a requirement that the application for approval of technology-based non-classroom continuing education programs must contain information stating how the program will conduct the written assessment and what type of security measures are being used to fulfill the requirements of SECTION 4.

SECTION 7 restricts the approval period of continuing education programs for the biennium in which they are approved. Such a restriction assures that the information conveyed is current and the topic timely.

Summary of, and comparison with, existing or proposed federal regulation:

There is no proposed or existing federal regulation authorizing or restricting technology-based non-classroom continuing education programs for chiropractors.

Comparison with rules in adjacent states:

Illinois:

Continuing medical education must use materials such as CD-ROMs, printed educational materials, audiotapes, video cassettes, films, slides and computer assisted instruction that provide a clear, concise statement of the educational objectives and indicate the intended audience. These programs shall also have a method of verifying physicians' participation.

Iowa:

Iowa is currently promulgating a rule change to 645 IAC 44.03 that would allow continuing education credit for completing electronically transmitted programs/activities or independent study programs/activities that have a certificate of completion.

Michigan:

The state of Michigan does not address the setting in which continuing education programs may take place.

Minnesota:

2500.1550 ALTERNATIVES TO TRADITIONAL CLASSROOM PRESENTATION.

A chiropractor may obtain up to six units of the 20-unit annual requirement through alternatives to traditional classroom presentations. The programs must be approved by the board or a board-approved sponsor according to parts 2500.1200 to 2500.2000. The programs approved for continuing education credit under this part must include a written assessment instrument, designed to ensure that the chiropractor actively participated in the presentation of material and derived a measurable benefit from participation. For the purposes of this part, an instrument that provides a minimum of two questions from each unit of instruction, and of which 75 percent or more are correctly answered, satisfies this requirement.

Summary of factual data and analytical methodologies:

No study resulting in the collection of factual data was used in reference to this rule-making effort. The primary methodology for revising the rule is the board's ongoing analysis and determination that a rules change is necessary.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:

The Department of Regulation and Licensing has a small business review advisory committee (SBRAC) which consists of representatives of a variety of small business and geographic locations. This proposed rule was reviewed by the SBRAC and the SBRAC found that the rule would not have a significant economic impact on small business.

This conclusion is supported by an analysis by department staff. Licensed chiropractors are required to complete 40 hours of continuing education (CE) each biennium. Continuing education hours have traditionally only been available at locations near urban (higher population density) areas. The economics of hosting and presenting all day or multi-day presentations requires that CE providers attract a large number of attendees. This may cause significant financial burden in terms of travel expenses and lost income due to time away from the practice.

The use of modern technology (an example would be Internet-based CE courses) will offer chiropractors more educational opportunities while reducing travel and time away from office related costs.

This rule does not mandate that any CE provider offer non-traditional or technology-based CE, therefore, there would be no additional mandated expenses to CE providers.

Anticipated costs incurred by private sector/fiscal estimate:

The department finds that this rule has no significant fiscal effect on the private sector.

Effect on small business:

These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: [phone]. Email: [e-mail].

Place where comments are to be submitted and deadline for submission:. Comments must be received on or before May 11, 2006 to be included in the record of rule-making proceedings.

Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at [e-mail]. Comments must be received on or before May 11, 2006 to be included in the record of rule-making proceedings.

Notice of Hearing

Commerce

(Licenses, Certifications, etc., Ch. Comm 5)

[CR 06-031]

NOTICE IS HEREBY GIVEN that pursuant to chapters 101 and 145, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 5, relating to licenses, certifications and registrations.

The public hearing will be held as follows:

Date and Time: Thursday, April 27, 2006 at 1:00 p.m.

Location: 201 W. Washington Ave, Conference Room 3C, Madison

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until May 5, 2006, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Jim Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail].

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Analysis

Statutes Interpreted: Chapters 101 and 145, Stats., and 2005 Wisconsin Act 25

Statutory Authority: Chapters 101 and 145, Stats., and 2005 Wisconsin Act 25

Related Statute or Rule: None.

Explanation of Agency Authority: Chapter 101, Stats., authorizes the Department of Commerce to adopt reasonable and proper rules relative to the exercise of its powers and authorities, including the issuance and renewal of various credentials to businesses and individuals. Chapter 145, Stats., grants the Department authority to promulgate rules governing plumbers and automatic fire sprinkler system installers. 2005 Wisconsin Act 25 contains revisions to the credential terms for plumbers and automatic fire sprinkler system installers.

Summary of proposed rules: Chapter Comm 5 of the Wisconsin Administrative Code contains the Department's rules for the issuance and renewal of numerous credentials which businesses and individuals are either mandated or permitted to obtain. These credentials are licenses, certifications and registrations that relate to activities associated with the construction and inspection of buildings and structures or specific components and elements that serve buildings and structures.

The proposed rules consist of revisions in chapter Comm 5 in order to address some administrative issues that have occurred since the last update of chapter Comm 5. The definition of HVAC equipment and an exception for obtaining the HVAC contractor registration are being revised in order to clarify who must obtain the registration. The credential terms for automatic fire sprinkler system installers and plumbers are changed to 4 years. The respective credential fees and any required continuing education hours are adjusted accordingly. The experience requirements for qualifying for the examination for the commercial electrical inspector certification are removed. The proposed rules also include the creation of continuing education requirements for the renewal of the license as a utility contractor. The proposal also removes dates and date-dependent requirements which are no longer relevant.

Summary of, and comparison with, existing or proposed federal regulations.

The proposed rules address administrative issues unique to the department's rules. There are no existing or proposed federal regulations that address the activities to be regulated by the proposed rules.

Comparison with rules in adjacent states.

The proposed rules address administrative issues unique to the department's rules. There are no similar rules in the states of Illinois, Iowa, Michigan and Minnesota.

Summary of factual data and analytical methodologies.

There were no factual data or analytical methodologies used to develop the proposed rules.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report.

The proposed rules should have a minimal effect on small business. There were no supporting documents used to determine the effect on small business, and an economic impact report was not prepared.

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail], or at telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Environmental Assessment

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Initial Regulatory Flexibility Analysis

Types of small businesses that will be affected by the rules: The rules will affect any business that obtains a credential from the department for an HVAC contractor, automatic fire sprinkler system installer, plumber, commercial electrical inspector, or utility contractor.

Reporting, bookkeeping and other procedures required for compliance with the rules: There are no reporting or bookkeeping procedures required for compliance with the rules.

Types of professional skills necessary for compliance with the rules: There are no types of professional skills necessary for compliance with the rules.

Rules have a significant economic impact on small businesses: No. Rules not submitted to Small Business Regulatory Review Board.

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].