Rule-Making Notices (Hearing Notices)

5 47 U.S.C. § 254 (f).

Fiscal Estimate

The proposed rule is required to be reviewed periodically by Wis. Stat. 196.218. The rules changes being proposed are intended to continue and enhance the general purposes of the USF statutes and will not add to or subtract from the grants and costs to manage the USF programs.

Comparison with Similar Rules in Adjacent States

The following discussion focuses on areas where significant changes are being made to the USF rules.

Many state USF programs, both in Wisconsin and in other states, are intertwined with federal universal service programs. As a result, there is a certain amount of similarity among state programs. For example, each of the surrounding states has Lifeline and Link-Up type programs.6 As required under federal law, each has income-based eligibility criteria although the specifics vary somewhat. The level of credits to customers and the resulting reimbursements to providers are similar, due in part to the federal matching dollars attached to credit/reimbursement levels. A difference in Link-up programs is that the Wisconsin program will pay for whatever nonrecurring installation costs are not paid for under the federal program. In each of the surrounding states the potential exists for a low-income customer to have to pay for a portion of the installation charges (although three of them also require that any additional amount be eligible for an interest free deferred payment arrangement.) A difference in Lifeline programs is that the four other states have a set figure for the Lifeline credit/reimbursement amount (although in Michigan that amount may vary depending on which company is involved). Wisconsin also has a set amount if the base rate7 is $25 or below. If the base rate is $25 or above, the reimbursement/credit is whatever amount is necessary to bring that base rate to $15. In this way, low-income customers in higher cost (generally rural) areas receive a credit sufficient to bring the base rate to a reasonably affordable level.

Wisconsin also has a program that helps provide access to telecommunications service for persons with hearing, speech and/or mobility disabilities. TEPP provides vouchers to help persons with disabilities that impair their ability to use standard telecommunications equipment to access telecommunications service, obtain equipment that will assist them in doing so. Iowa, Illinois, and Minnesota each have similar programs although the specifics vary. For example, Illinois' program is limited to those with hearing or speech disabilities, and in Minnesota the equipment belongs to the state and must be returned if the customer leaves the state or loses his/her phone line.

Wisconsin was the first and is still only one of three states that have a Public Interest Pay Telephone program.8 The programs of both other states are modeled, in very large part, on the Wisconsin program. This is the first rulemaking since the program was implemented in Wisconsin and the changes made in this rulemaking are based on the experience gained during the first few years of the program.

Wisconsin also has a program to help lower the monthly cost of telephone service in areas of the state where rates are high. In determining whether assistance under this “high rate assistance" program is required, the program looks both at the rate for basic service and what percentage of a county's median household income that rate entails. Although its commission must vote to activate it, Michigan statutes provide for a similar program that would provide a subsidy to customers of the difference between an affordable rate and the company's forward looking economic cost of providing service (should the latter be higher than the former). Illinois has a high-cost program that provides support to small telecommunication providers if the economic costs of providing certain services exceed the affordable rate set for those services.

6Lifeline helps pay the monthly cost of telephone service. Link-up helps pay the cost of service installation.

7The “base rate" is the monthly residential rate including touch-tone service, 911 charges on the telephone bill, the federal subscriber line charge, and 120 local calls.

8The other two states are Alaska and Hawaii.

Notice of Hearing

Regulation and Licensing

[CR 06-069]

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Wis. Stats., and ch. 460, Wis. Stats., and interpreting Wis. Stats. Chapter 460, the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to repeal RL 90.02 (3) and (9), 91.03 (1) (c) 3., 5. and 6., 92.01 (3) and 92.02; to renumber and amend RL 91.01 (3) (b) to (f) and 91.03 (2); to amend RL 90.01, 90.02 (2), (6) and (8), 91.01 (title), (intro.) and (2), 91.03 (title), (1) (intro.) and (1) (c) 1., 4. and 7., 91.04, 92.01 (title), (1), (2), (4) (intro.), (a), (b), (5) (intro.), (b), (d) and (e), 93.01 (title) and 93.01, 93.02 (title), (intro.), (2) and (3), 93.03, 93.04 (intro.) and (1) (c), 94.01 (title), (intro.), (6), (9), (16), (19), (20), (26), (27) and (28); to repeal and recreate RL 90.02 (1) (b), 91.01 (3) (a) and 91.03 (1) (c) 2.; and to create RL 90.02 (1g), (1r), (5m), (10) to (13), a Note following RL 91.01 (3) (a), 91.01 (b) to (e), 91.015, 91.03 (1) (c) 8. and (2) (a) and (b), 91.05, a Note following RL 94.01 (27), RL 94.01 (29) to (32) and 94.02, relating to application requirements, definitions, certification, reciprocity, waiver of education requirements and unprofessional conduct, governing the certification of massage therapists and bodyworkers.

Hearing Date, Time and Location

Date:   July 14, 2006

Time:   9:00 A.M.

Location:   1400 East Washington Avenue

  Room 123

  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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708, or by email to [e-mail]. Written comments must be received on or before July 21, 2006 to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing

Statutes interpreted: Wis. Stats. Chapter 460.

Statutory authority: Section 227.11 (2), Stats., and ch. 460, Stats.

Explanation of agency authority:

2001 Wisconsin Act 74 recreated the credentialing and practice requirements for the practice of massage therapy and bodywork in the state of Wisconsin. The proposed rule revisions to Wis. Admin. Code Chapters RL 90 to 94 are intended to update these administrative rules for consistency with 2001 Wisconsin Act 74.

Related statute or rule:

Wis. Admin. Code chapters RL 90 to 94.

Plain language analysis:

The proposed revisions to Chapters RL 90 to 94 are necessary to implement Chapter 460 of the Wisconsin Statutes pursuant to 2001 Wisconsin Act 74, governing the certification of massage therapists and bodyworkers. The proposed rules will in part modify the requirements necessary for qualified applicants, reciprocal certification, acceptable training programs, waivers of education requirements, renewals, acts constituting unprofessional conduct, and the handling of complaints by the department relating to specified allegations of sexual misconduct.

SECTION 1 changes “registration" to “credentialing."

SECTION 2 repeals and recreates language relating to application requirements which must be met for a credential to be issued.

SECTION 3 creates two new definitions – “approved training program" and “certificate holder."

SECTION 4 amends the definition of “classroom hour."

SECTION 5 repeals the definition of “course of instruction."

SECTION 6 creates the definition of “insured."

SECTION 7 amends the definitions of “manual action" and “massage therapy or bodywork."

SECTION 8 repeals the definition of “registrant."

SECTION 9 creates definitions of “policyholder," “sexual contact," “sexual intercourse" and “sexually oriented business."

SECTION 10 changes “registration" to “a certificate."

SECTIONS 11, 13 and 14 make changes relating to application requirements which must be met for a credential to be issued.

SECTION 12 creates a note indicating where to find a list of approved schools.

SECTION 15 creates s. RL 91.015, relating to the waiver of education requirements necessary for a credential to be granted.

SECTIONS 16, 17, 18, 19, 20, 21, 22, 23 and 24 make changes relating to the requirements for the granting of a reciprocal certificate and defines that the requirements for a current similar license, registration or certificate to practice massage therapy or bodywork in another state or territory of the United States or another country, are substantially equivalent to the requirements under s. 460.05, Stats., if the requirements include certification by the National Certification Board for Therapeutic Massage and Bodywork or any other organization accredited by the National Commission for Certifying Agencies to certify massage therapy or bodywork; or completion of at least 500 classroom hours of instruction in massage therapy or bodywork at a school approved by an accrediting agency.

SECTION 25 changes “registration" to “certification."

SECTION 26 creates s. RL 91.05, a grandfathering provision for the granting of a certificate as a massage therapist or bodyworker.

SECTION 27 amends s. RL 92.01, to include new requirements for an approved training program.

SECTION 28 repeals a provision that is no longer necessary.

SECTION 29 amends s. RL 92.01 (4), to include new requirements for an approved training program.

SECTION 30 repeals a provision that is no longer necessary.

SECTIONS 31, 32, 33 and 34 amend rules relating to renewal and conform the nomenclature of these sections to Chapter 460, Stats.

SECTION 35 amends the title of s. RL 93.01 from “Violations of standards of practice" to “Unprofessional conduct." Section RL 94.01 (6) is amended relating to the requirements for obtaining informed consent from a patient. Section RL 94.01 (9) is amended relating to the failure to keep confidential information received from a client. Section RL 94.01 (16) is amended relating to the failure by a credential holder to cooperate in a timely manner with the department's investigation of complaints filed against a credential holder. Section RL 94.01 (19) is amended to change a reference from “registrant" to “certificate holder." Section RL 94.01 (20) is amended to change a reference from “unregistered" to “uncertified." Section RL 94.01 (26) is amended relating to the failure to maintain premises according to standards recognized by the massage therapy or bodywork profession. Section RL 94.01 (27) is amended relating to a certificate holder notifying the department for the conviction of a crime.

SECTION 36 creates a note where complaint forms may be obtained.

SECTION 37 deletes “of registration" in s. RL 94.01 (28) deletes.

SECTION 38 creates additional violations of unprofessional conduct. Section RL 94.01 (29) is created to prohibit practicing massage therapy or bodywork, whether for compensation or not, for a sexually oriented business. Section RL 94.01 (30) is created to prohibit having sexual contact or sexual intercourse with a client that occurs on or after March 1, 2003. Section RL 94.01 (31) is created relating to the failure to make a report as required under s. RL 94.02. And s. RL 94.01 (32) is created to clarify permissible advertising by a certificate holder.

SECTION 39 creates s. RL 94.02 relating to the submission of reports to the department if a certificate holder has reasonable cause to believe that another certificate holder has committed a crime relating to prostitution under ss. 944.30 to 944.34, Stats., or has had sexual contact or sexual intercourse with a client.

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

No federal regulation exists.

Summary of factual data and analytical methodologies:

The provisions of 2001 Wisconsin Act 74 and 2005 Wisconsin Act 25 were reviewed to determine the appropriate provisions of then existing Wis. Admin. Code Chapters RL 90 to 94 which required amending for conformity. 2001 Wisconsin Act 74 and 2005 Wisconsin Act 2005 also required the creation of new rule provisions in Chapters RL 90 to 94. The proposed rules were submitted to the Massage Therapy and Bodyworker Council for review and comments as required by s. 460.04 (3), Stats.

Massage Therapy and Bodyworker Council Comments – (April 13, 2004)

MOTION: Amy Remillard moved, seconded by Mary Ellen Martin, to change the three hours [education requirements] from CPR to a science portion of the rules. Motion carried unanimously.

Department response: change made.

MOTION: Amy Remillard moved, seconded by Vlad Thomas, to change the rule [informed consent] to read, “practice massage therapy or body work on a client without first obtaining the written informed consent of the client and has informed the client they may withdraw at any time." Motion carried unanimously at today's meeting.

Department response: change made.

Analysis and supporting documents used to determine effect on small business:

The proposed amendments to the department's administrative rules, Chapters RL 90 to 94, represent a recodification and clarification of existing administrative rules of the department. These amended rules do not represent any significant change in terms of increasing or decreasing existing requirements on the certification of governance of Massage Therapist and Bodyworkers, therefore no additional effect on small business or economic impact is anticipated.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

Anticipated costs incurred by private sector:

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

Fiscal estimate

The department estimates that this rule will require staff time in the Division of Professional Credentialing. The total staff salary and fringe is estimated at $230.

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] by calling [phone].

Contact Person

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].

Written Comments

Comments may be submitted to Pamela Haack at the Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 89235, Madison, Wisconsin 53708-8935. Email to [e-mail]. Comments must be received on or before July 21, 2006, to be included in the record of rule-making proceedings.

TEXT OF RULE

SECTION 1. RL 90.01 is amended to read:

RL 90.01 Authority and intent. The rules in chs. RL 90 to 94 are adopted by the department pursuant to ss. s. 227.11 (2), Stats., and 440.982 ch. 460, Stats., to govern the registration credentialing of massage therapists and bodyworkers.

SECTION 2. RL 90.02 (1) (b) is repealed and recreated to read:

RL 90.02 (1) (b) A state government agency or territorial government agency located in another state or territory of the United States or another country.

SECTION 3. RL 90.02 (1g) and (1r) are created to read:

RL 90.02 (1g) “Approved training program" means a series of classroom courses, not including continuing education, which is approved by the department having a unified purpose which led to a diploma or degree or to an occupational or vocational objective, meeting the requirements of s. RL 92.01.

(1r) “Certificate holder" means a person granted a certificate under ch. 460, Stats.