Scope statements
Commerce
Subject
Objective of the rule. The objective is to update the department's administrative rules relating to POWTS. This code update may result in one or more rule packages to be presented for public hearings and may include minor changes to other department rules that are related to the POWTS program. A primary driver for the rule update is
2005 Wisconsin Act 347. Certain provisions of Act 347 give specific direction to the department and place additional responsibilities on the department and governmental units particularly with regard to POWTS maintenance. The department has determined that it must consider how to implement the applicable provisions of Act 347 in a timely and equitable manner by working with an advisory code council to review the portions of Act 347 that impact the POWTS program (primarily chapter Comm 83) and the WI Fund program (chapter Comm 87).
Policy Analysis
The current rules, chapters Comm 81-87 apply to POWTS program administrative functions, POWTS soil testing, design, construction, inspection and maintenance. The rules also apply to the WI Fund program.
Chapter
Comm 83 was last revised effective February, 2004. Minor technical issues were addressed during that code revision. This code project will focus on the additional responsibilities placed on the department and governmental units by
2005 Wisconsin Act 347 specifically in the area of POWTS maintenance. In addition, administrative procedures and additional technical issues identified since the last revision will be addressed and updated. The target effective date for this revision is Spring, 2008.
The alternative of not revising these code chapters will result in the continued use of administrative rules that contain technical inaccuracies. It will also prevent the department from addressing the direction and responsibilities contained in Act 347.
Statutory authority
Staff time required
The department estimates it will take approximately 600 hours to develop this rule. This time includes reviewing current code and national standards, drafting the rule and processing the rule through public hearings, legislative review and adoption. The department will assign existing staff to perform the rule development process.
Entities affected by the rule
This rule will affect entities public and private that own POWTS or are involved in POWTS program administrative functions, POWTS soil testing, design, construction, inspection and maintenance.
Comparison with federal regulations
There are two existing federal regulations that address some of the activities that are regulated by this rule (Chapter
Comm 83).
40 CFR 144.80(e) addresses Class V Wells also known as Shallow Injection Wells. Specifically,
40 CFR 144.3, defines “Sanitary Waste" as including domestic wastewater. Chapter
Comm 83 addresses treatment and dispersal of domestic wastewater. Also,
40 CFR 144.3, defines “Wells or Injection Wells" as including certain septic systems. Class V regulations specifically address “Large Capacity Septic Systems" which are defined as systems receiving sanitary wastes from multiple dwellings or from non-residential establishments where the system has a capacity to serve 20 or more person per day. These systems are “authorized by rule" provided they meet two minimum federal requirements. 1. The owner or operator submits basic inventory information. 2. The injectate (wastewater) cannot endanger underground sources of drinking water. Chapter
Comm 83, Wis. Adm. Code, addresses Private Onsite Wastewater Treatment Systems (POWTS) which include septic systems that serve all structures residential and non-residential regardless of capacity. Owner information is required as part of the permitting process. Section
145.13, Wis. Stats., requires that chapter Comm 83, Wis. Adm. Code, comply with the provisions of chapter 160, Wis. Stats. Chapter
NR 140, Wis. Adm. Code, contains a list of substances that have preventative action limits and enforcement standards. This list is more specific than the current federal regulations. Chapter
Comm 83, Wis. Adm. Code, incorporates the applicable provisions of chapter 160, Wis. Stats., and chapter NR 140, Wis. Adm. Code.
40 CFR Part 122 addresses National Pollutant Discharge Elimination System (NPDES) permits. Chapter
Comm 83, Wis. Adm. Code, addresses large POWTS systems which are covered by Wisconsin Pollutant Discharge Elimination System (WPDES) permits that are issued by the Department of Natural Resources. The WPDES permit process is modeled after the NPDES permit process.
There are no proposed federal regulations that would address activities that are regulated by this rule (Chapter
Comm 83).
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board, Professional Counselor Section
Subject
The Professional Counselor Section of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board proposes amending its rules relating to the issuance of training certificates pursuant to the enactment of
2005 Wisconsin Act 422.
Policy Analysis
Objective of the rule. Training certificates are required in order to obtain 3000 hours of supervised professional counseling practice before being eligible to receive a professional counselor license. Section
MPSW 11.015, sets forth the current requirements for obtaining a training certificate, including a provision that an applicant have an offer of full-time employment. The present certificates are issued for 24 months and are non-renewable. With the enactment of
2005 Wisconsin Act 422 the term “training certificate" is changed to “training license." Additionally, the employment requirement has been eliminated and the amount of time for the credential expanded. Under the proposed new rule, training licenses will be issued for 48 months, with the possibility for an extension. Supervised hours may also be accumulated in an unpaid position.
Existing Policies Relevant to the Rule, New Policies Proposed and Analysis of Policy Alternatives.
The section passed the following motions relative to the issuance of training certificates:
The application forms for professional counseling licensure and the professional counseling training certificates are to be combined. (Professional Counselor Section minutes, November 16, 2005)
All supervised hours accumulated on or before March 1, 2005 (without a training certificate) by those individuals eligible for a training certificate will be counted toward licensure. All supervised hours obtained after March 1, 2005, must be completed under a valid training certificate. (Professional Counselor Section minutes, November 16, 2004)
The section designated the credentialing liaison to consult with [Department of Regulation and Licensing] and grant the authority to approve the reapplication of the training certificates. (Professional Counselor Section minutes, February 1, 2005)
The Professional Counselor Section will consider applications for PC licensure for those who received their required supervised practice without the benefit of a training certificate on a case-by-case basis for applicants who gradated prior to 2005. (Professional Counselor Section minutes, October 31, 2005)
The statutory change does not affect existing holders of professional counselor training certificates. Those certificates are valid for the full 24 months and are non-renewable; however, individuals who have not completed their 3000 hours of supervised training at the conclusion of the 24 months will be permitted to apply for a “new" training license.
Statutory authority
Comparison with federal regulations
There is no applicable existing federal legislation.
Entities affected by the rule
Applicants for professional counseling licensure.
Staff time required
200 hours.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board, Professional Counselor Section
Subject
The Marriage and Family Therapist Section of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board proposes to amend its rules relating to the issuance of training licenses pursuant to the enactment of
2005 Wisconsin Act 422.
Policy Analysis
Objective of the rule. Training certificates are required in order to obtain 3000 hours of supervised marriage and family practice before being eligible to receive a marriage and family therapist license. Section
MPSW 17.03, sets forth the current requirements for obtaining a training certificate, including a provision that an applicant have an offer of full-time employment. The present certificates are issued for 24 months and are non-renewable. With the enactment of
2005 Wisconsin Act 422 the term “training certificate" is changed to “training license." Additionally, the employment requirement has been eliminated and the amount of time for the credential expanded. Under the proposed new rule, training license would allow applicants to complete their supervised training hours within 48 months, with the possibility for an extension, and would also permit them to complete those hours in an unpaid position. The new rule would also allow applicants who have a master's degree in a related field and who are enrolled in a COAMFTE accredited or MFT Section approved master's or post-degree marriage and family therapy program, for example, to also be eligible for a training license.
Existing Policies Relevant to the Rule, New Policies Proposed and Analysis of Policy Alternatives.
The section passed the following motion relative to the issuance of training certificates at its meeting on April 7, 2004:
The MFT Section may grant a training certificate to an applicant who is employed full-time or who has an offer of full-time employment as an MFT. However, the Section may also grant a training certificate to an applicant who will be in a position, which in the Section's opinion, provides an equivalent experience, and the Section will consider part-time or volunteer positions.
The statutory change does not affect existing holders of marriage and family therapist training certificates. Those certificates are valid for the full 24 months and are non-renewable; however, individuals who have not completed their 3000 hours of supervised training within 24 months will be permitted to apply for a “new" training license.
Statutory authority
Comparison with federal regulations
There is no applicable existing federal legislation.
Entities affected by the rule
Applicants for marriage and family therapist training licensure.
Staff time required
200 hours.
Natural Resources
Subject
Objective of the rule. On January 14, 2002, U.S. EPA published National Drinking Water Regulations for Long-Term 1 Enhanced Surface Water Treatment (LT1); these changes impact all public drinking water systems using surface water or groundwater under the direct influence of surface water (GWUDI) and serve fewer than ten thousand (10,000) people.
This rulemaking will also include revisions to correct minor errors in and updates to the following:
1. the existing interim enhanced surface water treatment rule (IESWTR);
2. the stage 1 disinfection and disinfection byproducts rule (DDBPR);
3. the lead and copper rule (LCR);
4. the drinking water public notification rule (PNR);
5. the radionuclide rule;
6. updating analytical methods; and
Additionally, language will be clarified with regard to total coliform rule (TCR) maximum contaminant level (MCL) determinations impacting systems collecting less than 40 samples per month.
Policy Analysis
In order to maintain primacy, Wisconsin must adopt all federal requirements under the Safe Drinking Water Act (SDWA) or have requirements that are equal to or more stringent then the SDWA. In the case of the LT1 regulation there are two alternatives available for Wisconsin to meet this requirement:
1. Full adoption of the LT1 rule for surface water and groundwater under the direct influence of surface water (GWUDI) systems with populations of 10,000 or less. Or,
2. Amending the state version of the Interim Enhanced Surface Water Treatment Rule IESWTR) to apply to all surface water and GWUDI systems.
Using alternative #1 requires incorporation of rule language that will not be used by any drinking water systems and will only add confusion in understanding NR 809 requirements. Only two systems in Wisconsin will fall under the LT1 requirements and in reality, the LT1 rule will not apply to either. The first system, Wisconsin Veterans Home at King will be using all groundwater in the near future. The second system, Ashland Water Utility, uses an alternative technology – membrane filtration and is required to meet standards of the IESWTR by virtue of their plan of operation. Wisconsin has no systems that are considered GWUDI under the federal regulations
Alternative #2 changes the application of the IESWTR to all surface water and GWUDI systems rather than just those over 10,000. This is consistent with current practice. The requirements of the LT1 were developed based on the IESWTR, but were modified by EPA to reduce the burden on small systems. Since there are no Wisconsin systems to be burdened we do not feel it is necessary to promulgate additional rule language.
The recommendation is to use alternative #2 for meeting the primacy requirement to adopt rules at least as stringent as the federal rules. We propose to have the IESWTR apply to all surface water and GWUDI systems in Wisconsin.
All the minor errors and additions edits have been identified by EPA in various primacy reviews and are required to be completed.
The existing language on non-acute or monthly TCR MCL determination is not clear and therefore needs elucidation, the actual meaning will not be changed.
Statutory authority
Sections
280.11 and
281.17 (8) Stats and our EPA primacy agreement require the Department to adopt rules at least as stringent as federal regulation.
Staff time required
120 hours.
Comparison with federal regulations
This rule change will allow WDNR regulations to remain as stringent as the EPA regulations so that WDNR may maintain primacy (“primary enforcement authority") for the affected regulation. States with primacy are eligible for federal funding from U.S. EPA. Failure to adopt these federal drinking water regulations into state regulation could result in a decrease or withdrawal of federal funding to Wisconsin's Drinking Water State Revolving Loan Fund.
There is no additional fiscal impact from this rule beyond what is already imposed by federal regulations and state plan approvals. If Wisconsin does not adopt this change it would be required to adopt the full regulation. The one public water system impacted will continue compliance under the IESWTR since the approval issued for the membrane filter plant is as stringent as the IESWTR.
Occupational Therapists Affiliated Credentialing Board
Subject
The current continuing education rule does not allow an exception for hardship, nor is there a provision exempting individuals from the continuing education requirement in the first cycle of licensure.
Policy Analysis
Objective of the rule. The proposed rule would allow the Board to consider waiving the continuing education requirements when a licensee is unable to complete them due to a hardship. It would also eliminate the need for first time licensees to meet CE requirements in the first cycle of licensure.
Existing Policies Relevant to the Rule, New Policies Proposed and Analysis of Policy Alternatives.
The rules of other professions permit credentialing authorities to consider circumstances that interfere with completion of continuing education obligations. Typically the grounds for exception are limited to enumerated exigencies, such as disability, for example, or absence from the country for military service. Allowing for a waiver that is not limited would result in the Board receiving requests without a convincing rationale for waiver. Conversely, disallowing all waiver requests prevents the Board from acknowledging circumstances that cause hardship and can unjustly deprive a license holder of his or her right to practice the profession.
First time licensees apply for a license at varying intervals within a renewal period. For applicants who file on a date proximate to the renewal deadline, the continuing education requirement is the same as it is for those who file on a date proximate to the previous renewal date. There is no recognition of the incongruity this creates among applicants or the difficulties it creates for applicants who must complete all continuing education credits in a very limited period of time prior to the renewal date. Some credentialing authorities pro-rate credits. Others waive the requirement altogether. Without such a provision, applicants may delay filing for a license during the first cycle of licensure to avoid fulfilling the complete continuing education obligation on an abbreviated timeline. This could have an adverse impact on patient care, depending on the demand for occupational therapists at any given time.
Statutory authority
Comparison with federal regulations
None.
Entities affected by the rule
Occupational Therapists and Occupational Therapist Assistants.
Staff time required
150 hours.
Optometry Examining Board
Subject
Amendment of the rules of the Optometry Examining Board pursuant to the provisions of
2005 Wisconsin Act 297, Senate Bill 429, relating to the regulation of optometry; authority and definitions; examination approval; delegation; licensure by endorsement; continuing education; conduct; usage of therapeutic pharmaceutical agents (TPAs) and diagnostic pharmaceutical agents (DPAs); and certificate of registration. The board will be pursuing further amendments to continuing education, supervision requirements and record keeping related to electronic signatures not related to the new provisions under
2005 Wisconsin Act 297.
Policy Analysis
Objective of the rule. To implement the changes in the board's administrative rules pursuant to
2005 Wisconsin Act 297. Additionally, the amendments will include changes to administrative rules on continuing education as a list provided by the Council on Optometric Practitioner Education (COPE) and contained in the rules are outdated; addition of a definition and provisions for electronic signatures for record keeping as the existing rules are silent on the electronic signatures; redefinition of supervision as the current rule specifies and defines immediate supervision.
Existing Policies Relevant to the Rule, New Policies Proposed and Analysis of Policy Alternatives
The board has recently amended its rules relating to COPE approved continuing education courses to streamline their educational approval process. Since the rules have been implemented, the board has found that COPE has changed its information relating to a list they provided for inclusion in the board's rules thus making the current list outdated. The board may be further streamlining the continuing education process.
In regards to supervision, the board finds that requirements for immediate supervision is not current with the modern practice of optometry, given easy to use and safe technologies incorporated into the practice of optometry, and in light of the recent additions of delegated authority, provided by
2005 Wisconsin Act 297, which requires a more flexible and reasonable definition of supervision.
Statutory authority
Comparison with federal regulations
There is no applicable existing federal legislation.
Entities affected by the rule
Licensed optometrists, those potentially operating under their delegated authority.
Staff time required
160 hours.
Regulation and Licensing
Subject
Creation of rules to reflect the newly created statutory requirements for the transfer of regulatory authority of cemeteries from the Department of Regulation and Licensing to the Cemetery Board and the creation of licensing requirements for cemeteries. The rules will update chs.
RL 50 to
54 to reflect the new statutory requirements.
Policy Analysis
Existing Policies Relevant to the Rule, New Policies Proposed and Analysis of Policy Alternatives
The creation of administrative rules for the licensing and regulation of cemeteries is necessary to implement newly created portions of chapters 157 and 440 of the Wisconsin statutes pursuant to
2005 Wisconsin Act 25. The regulation of cemeteries was previously under the authority of the Department of Regulation and Licensing. New licensure requirements have also been created for cemeteries.
Statutory authority
Comparison with federal regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Entities affected by the rule
Cemetery licensees and applicants.
Staff time required
25 hours.
