Michigan: Not scheduled.
Minnesota: Not scheduled.
Iowa: Not scheduled.
Summary of factual data and analytical methodologies:
The Wisconsin Controlled Substances board reviewed the federal rule summary and its basis for the scheduling of these two substances. The National Forensic Laboratory Information System (NFLIS) has registered 10 cases of AMT and 12 cases of 5-MeO-DIPT. The Drug Enforcement Agency (DEA) asserts that AMT shares pharmacological effects of amphetamine and LSD and that 5-MeO-DIPT copies the effects of MDMA, both schedule I hallucinogens. Three deaths have been associated with its consumption.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
Since there is no anticipated impact on small business from this rule, no additional compliance, bookkeeping, reporting, recordkeeping or professional skills are required.
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.
Entities affected by the rule:
Enforcement agencies; the Wisconsin Department of Justice, local District Attorneys.
Fiscal Estimate
The department estimates that the proposed rule will have no significant fiscal impact.
Anticipated costs incurred by private sector:
The department finds that this rule has no significant fiscal effect on the private sector.
Effect on small business:
These proposed rules will be reviewed by the department's small business review advisory committee to determine whether they will have any significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency 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: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission:
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
pamela.haack@drl.state.wi.us. Comments must be received on or before September 7, 2006 to be included in the record of rule-making proceedings.
TEXT OF RULE
SECTION 1. CSB 2.33 is created to read:
CSB 2.33 Addition of alpha-methyltryptamine (AMT) to schedule I. (1) Section
961.14 (4) (wi) is created to read:
SECTION 2. CSB 2.34 is created to read:
CSB 2.34 Addition of 5-methoxy-N, N-diisopropyltryptamine (5-MeO-DIPT) (1) Section
961.14 (4) (wj) is created to read:
Section
961.14 (4) (wj) 5-methoxy-N, N-diisopropyltryptamine, commonly known as “5-MeO-DIPT";
Notice of Hearings
Natural Resources
NOTICE IS HEREBY GIVEN that pursuant to s.
823.075 (1) (d), Stats., interpreting s.
823.075 (1) (d), Stats., the Department of Natural Resources will hold public hearings on the creation of s.
NR 1.25, Wis. Adm. Code, relating to the definition of “generally accepted forestry management practices".
2005 Wisconsin Act 79 created s.
823.075 (1) (d), Stats., which requires the to define “generally accepted forestry management practices" and allows the Department to incorporate into the definition, by reference, the most recent version of the Department publication entitled Wisconsin Forest Management Guidelines. The proposed rule requires updates to the Forest Management Guidelines a minimum of every five years and requires the Department to use a process that incorporates public participation, including public comments.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Tuesday, August 29, 2006 at 4:00 p.m.
Conference Room, DNR Service Center
107 Sutliff Ave.
Rhinelander
Wednesday, August 30, 2006 at 4:00 p.m.
Room 150, State Office Building
718 W. Clairemont
Eau Claire
Thursday, August 31, 2006 at 1:00 p.m.
Gathering Waters Room, DNR South Central Region Hdqrs.
3911 Fish Hatchery Road
Fitchburg
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Carmen Wagner at (608) 266-1667 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Impact
The rule proposal will result in increased costs of $37,44 annually. While the publication may only be updated a minimum of every five years, the review of new guidance/policy to determine if an update to the publication is required will be an on-going activity.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Ms. Carmen Wagner, Division of Forestry, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 15, 2006. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Wagner.
Notice of Hearing
Podiatrists Affiliated Credentialing Board
Hearing Date, Time and Location
Date: September 26, 2006
Time: 9:30 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
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 the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by September 26, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Explanation of agency authority: The Podiatrists Affiliated Credentialing Board has the authority under s.
448.665, Stats., to promulgate rules relating to continuing education.
Related statute or rule: There are no other related statutes or rules other than those listed above.
Plain language analysis: Chapter
Pod 3 sets forth the requirements for obtaining continuing education for podiatrists. Each biennium, podiatrists are required to obtain 50 hours of acceptable continuing education. Under the current rule, licensees may apply to the board for a waiver of this requirement provided they become ill, have a disability, or another similar circumstance. This proposed rule-making is intended to provide greater flexibility because it permits the board to consider postponing the continuing education requirements and to consider other circumstances besides disability or illness in making its determinations.
SECTION 1 amends the statutory citation for “controlled substance" to the correct cite.
SECTION 2 amends an incorrect statutory citation to the correct citation.
SECTION 3 amends an incorrect statutory citation. It also amends the requirements for obtaining a waiver of continuing education requirements by permitting the board to consider each request individually on its merits and to allow it to grant a postponement, partial waiver, or total waiver of the requirements.
SECTION 4 amends an incorrect statutory citation to the correct citation.
Summary of, and comparison with, existing or proposed federal regulation:
There is no existing or proposed federal regulation.
Comparison with rules in adjacent states:
Iowa
First time licensees are not required to complete continuing education as a prerequisite for license renewal. An exemption is allowed for disability or illness.
Illinois
The board may recommend a waiver for good cause, which includes illness or hardship as defined by rule. The rule requires a finding of “extreme hardship," including full time service in the Armed Forces, incapacitating illness with physician documentation, physical inability to travel to continuing education sites, or other similar extenuating circumstances.
Michigan
A 60 day late renewal period is allowed. The board has defined guidelines setting forth the policy the board will follow in granting waivers. Disability, military service, absence from the continental United States, or circumstances beyond the control of the applicant is deemed sufficient for waiver by the board.
Minnesota
In the initial licensure period, a fraction of the 30 hours required must be satisfied, represented by the ratio of the number of days the license is held in the initial licensure period to 730 days. A six month extension of the reporting deadline is allowed and two consecutive extensions may be granted for “good cause," which includes unforeseen hardships such as illness, family emergency and military call-up.
Summary of factual data and analytical methodologies:
Continuing education rules for other professions regulated by boards connected to the Department of Regulation and Licensing allow for hardship exceptions and exemptions for initial licensees in their first full cycle of licensure. These provisions make reasonable allowances for not completing the continuing education requirements.
