Rule-Making Notices (Hearing Notices)

Conference Rooms 1 & 2, Portage Co. Courthouse Annex, 1462 Strongs Ave., Stevens Point

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 Larry Lynch at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The proposed rule does not create any processes or requirements that were not contemplated and evaluated at the time that Act 310 was enacted. The fiscal impacts associated with Act 310 were recognized by the Legislature; there are no additional state or local government fiscal impacts associated with this proposed rule.

Submission of Comments

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http:// adminrules.wisconsin.gov. Search this website using Natural Resources Board Order No. DG-37-06. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Lawrence Lynch, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until January 5, 2007. 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. If you do not have Internet access, a personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Lynch.

Notice of Hearing

Regulation and Licensing

[CR 06-125]

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and subch. VI of ch. 440, Stats., as created by section 2336m. of 2005 Wisconsin Act 25, and s. 440.03 (13) (a), (b) and (c), Stats., and interpreting subch. VI of ch. 440, Stats., and s. 440.03 (13) (a), (b) and (c), Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to create s. RL 4.07 (66m) and chs. RL 174 to 177, relating to the registration of sanitarians.

Hearing Date, Time and Location

Date:   December 13, 2006

Time:   9:00 A.M.

Location:   1400 East Washington Avenue

(Enter at 55 North Dickinson Street)

  Room 121C

  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 December 13, 2006, to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing

Statutes interpreted: Subchapter VI of chapter 440, Stats., as created by section 2336m. of 2005 Wisconsin Act 25, and s. 440.03 (13) (a), (b) and (c), Stats.

Statutory authority: Section 227.11 (2), Stats., and subchapter VI of chapter 440, Stats., as created by section 2336m. of 2005 Wisconsin Act 25, and s. 440.03 (13) (a), (b) and (c), Stats.

Explanation of agency authority: The Department of Regulation and Licensing has the authority to promulgate rules interpreting the provisions of any statute enforced or administered by it and to effectuate the purpose of the statute. The creation of administrative rules for the regulation of registered sanitarians is necessary to implement newly created subch. VI of ch. 440, Stats., pursuant to 2005 Wisconsin Act 25.

Related statute or rule: The proposed rules are intended to replace the former rules in ch. HFS 150.

Plain language analysis: The creation of administrative rules for the regulation of registered sanitarians is necessary to implement newly created subch. VI of ch. 440, Stats., pursuant to 2005 Wisconsin Act 25, s. 2336m. Registered sanitarians were previously regulated in ch. HFS 160.

The proposed rules shall apply to all persons educated and experienced in the field of environmental health who desire to be registered as a sanitarian. The rules will establish minimum standards and qualifications for licensure of registered sanitarians, set standards for sanitarians registered in other states to practice as registered sanitarians in this state, as well as define basis for discipline of credential holders. The rules contain definitions, registration requirements, qualifications for examination, qualifying work experience requirements, reciprocal licensure, and standards of conduct.

Section RL 4.07 (66m) is created to include registered sanitarians in the department's rules relating to conducting investigations to determine whether an applicant for registration as a sanitarian has been charged with or convicted of a crime.

Summary of, and comparison with, existing or federal regulation: There is no existing or federal regulation pending.

Comparison with rules in adjacent states:

Minnesota: Minnesota regulates and licenses environmental health specialists and sanitarians pursuant to Minnesota Statute 214.3, to plan, develop, and enforce health and sanitation standards and prevent the spread of the communicable diseases. The regulations specify the requirements and procedures for obtaining licensure, including education, examination, work experience and fees.

Michigan: Michigan regulates and licenses sanitarians pursuant to their Public Health Code sec. 1615, with specified requirements for qualifying education, examination and experience.

Illinois: Illinois regulates and licenses environmental health practitioners pursuant to Part 1247 of the Environmental Health Practitioners Act. The Illinois rules include provisions governing licensure and examination requirements, approved educational programs, work experience, supervision, endorsement, renewals and fees.

Iowa: Iowa does not regulate or license sanitarians. A voluntary registration program is operated by the Iowa Environmental Health Association.

The comparison information with the rules in adjacent states was obtained directly from a review of the state statutes and rules. The rule revisions were based on information from various sources and recommendations from advisory committee members who were knowledgeable about the profession. The comparison of the proposed rules to the adjacent states demonstrates that the rules are comparable to those in adjacent states.

Summary of factual data and analytical methodologies:

No study resulting in the collection of factual data was used relating to this rule. The primary methodology for creating the rule is the department's analysis and determination that a rule change is necessary.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: The proposed rules would reflect the newly created statutory requirements for the transfer of credentialing authority of registered sanitarians to the Department of Regulation and Licensing. The rules will establish minimum standards and qualifications for licensure of registered sanitarians, set standards for sanitarians registered in other states to practice as registered sanitarians in this state, as well as define basis for discipline of credential holders and are intended to replace the former rules in ch. HFS 160.

There are 579 registered sanitarians licensed in Wisconsin. Of the 579 registered sanitarians, a very small percentage of them probably work in small business. The field is primarily made up of state and local public health officials. This rule change will not have an effect on small business.

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 the proposed rule will have no significant fiscal impact.

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 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 December 13, 2006, to be included in the record of rule-making proceedings.

Text of Rule

SECTION 1. RL 4.07 (66m) is created to read:

RL 4.07 (66m) Registered sanitarian.

SECTION 2. Chapters RL 174 to 177 are created to read:

Chapter RL 174
REGISTERED SANITARIANS AUTHORITY, SCOPE, PURPOSE AND DEFINITIONS

RL 174.01 Authority and intent. The rules in chs. RL 174 to 177 are adopted pursuant to s. 440.98, Stats., and are intended to replace the former rules in ch. HFS 160.

RL 174.02 Scope. The rules in chs. RL 174 to 177 shall apply to all persons educated and experienced in the field of environmental health who desire to be registered as a “registered sanitarian."

RL 174.03 Purpose. Sanitarian registration minimum qualifications are established to:

(1) Safeguard life, health and the environment.\

(2) Identify persons qualified in environmental health services.

(3) Develop reciprocity agreements with states having equivalent registration requirements.

(4) Promote the delivery of environmental health services by qualified individuals certified on the basis of recognized examination.

RL 174.04 Definitions. (1) “Accredited college or university" means an educational institution that is accredited by a regional or national accrediting agency recognized by the U.S. Department of Education.

(2) “Department" means the department of regulation and licensing.

(3) “Environmental health" means the science and art which pertains to the protection of human health through the assessment, management, control and prevention of environmental factors that may adversely affect the health, comfort, safety or well being of individuals or the environment.

(4) “Field of environmental health" means employment, whether private or public, where the principles of environmental health are directly applied to one or more of the following areas:

(a) Air quality.

(b) Food protection.

(c) Hazardous substances.

(d) Product safety.

(e) Housing.

(f) Institutional health and safety.

(g) Radiation protection.

(h) Recreational areas and waters.

(i) Solid waste management.

(j) Vector control.

(k) Water quality.

(L) Wastewater technology and management.

(m) Hazardous waste management.

(n) Industrial hygiene.

(o) Water supply.

(5) “Full-time equivalent employment" means an accumulation of 2,080 hours for one year of creditable employment experience in the field of environmental health. All creditable hours shall be within the scope of environmental health practice.

(6) “Nationally recognized professional examination" means a department approved written examination designed to assess the knowledge and competence of professional sanitarians.

(7) “Registered sanitarian" means a sanitarian or environmental health professional registered in accordance with the provisions of chs. RL 174 to 177 and s. 440.98, Stats.

(8) “Registered sanitarian advisory committee" means the committee established by the secretary of the department, pursuant to s. 440.042, Stats., to advise the department in matters related to the administration of chs. RL 174 to 177.

Chapter RL 175
APPLICATION FOR REGISTRATION

RL 175.01 Application. Any person seeking a certificate of registration as a sanitarian shall submit a completed application on forms supplied by the department.

Note: Application forms are available on request to the department located at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin, 53705, or from the department's website at: http://drl.wi.gov.

RL 175.02 Qualifications for examination. (1) The department shall issue an approval for examination to an individual who meets the educational and qualifying work experience requirements under this chapter and whose application has been approved by the department.

(2) An applicant for examination shall submit evidence, including verified college or university transcripts, and completion of one of the following combinations of education and experience:

(a) A baccalaureate or higher degree in environmental health from an accredited college or university with at least 30 semester or 45 quarter hour academic credits in environmental, physical, biological, chemical, and environmental health areas and one year of full-time equivalent employment in the field of environmental health.