Submission of Written Comments
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 February 22, 2008, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Section 448.665, Stats.
Statutory authority
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
Section Pod 3.02 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, the board has recognized four entities that may approve continuing education for its licensees. This amendment recognizes an additional entity, the Wisconsin Society of Podiatric Medicine, as an acceptable approval authority for continuing education. By adding this amendment, licensees will have additional programming from which to choose in order to complete their continuing education requirements.
SECTION 1 adds an additional organization that may approve continuing education programs for podiatrists.
Comparison with federal regulations
There is no existing or proposed federal regulation.
Comparison with rules in adjacent states
Iowa. The Iowa board does not preapprove continuing education providers, sponsors, or programs. Licensees must review the statutory requirements and determine if programs meet the specified criteria. Some approved sponsors are listed, including the American Podiatric Medical Association and regional or state affiliates of the American Podiatric Medical Association.
Illinois. Sponsors can apply to the board for recognition. They must be validated by the Council on Podiatric Medical Education.
Michigan. There are six categories of continuing education. Approval is granted by the Accreditation Council on Podiatric Education, the Board, accredited hospitals or other clinical institutions, or a graduate training program. A publication option is also available.
Minnesota. Programs must be approved by the Board or the Council on Podiatric Medical Education. Participation in home study programs, hospital staff meetings and acceptable graduate medical education are also allowed.
Summary of factual data and analytical methodologies
A request to be included as a provider was submitted to the board by the Wisconsin Society of Podiatric Medicine (WSPM). The board reviewed its current list of continuing podiatric medical education programs (CPME) and determined an expanded list of programs would offer more options for podiatrists.
Initial Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats.
Small business regulatory review coordinator
The Department's Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Analysis and supporting documents used to determine effect on small business
The board reviewed the request of the Wisconsin Society of Podiatric Medicine (WSPM), discussed it in person with a representative of the WSPM, and posed questions relating to the request. Board members consulted with members of the profession about the request and offered their own views on the merits of expanding the list of CPME programs.
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.
Fiscal Estimate
The department estimates that the proposed rule will have no significant impact.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Text of Rule
SECTION 1. Pod 3.02 (1) (e) is created to read:
Pod 3.02 (1) (e) The Wisconsin Society of Podiatric Medicine.
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to s. 227.11 (2) (a), Stats., and interpreting s. 115.28 (47), Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency and proposed permanent rules created under Chapter PI 33, relating to grants for nursing services. The hearing will be held as follows:
Hearing Information
February 21, 2008   Madison
4:00 - 5:00 p.m.   GEF 3 Building
    125 South Webster St.
    Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Douglas White, Director, Student Services/Prevention and Wellness at (608) 266-5198 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Agency Contact Person
Douglas White, Director, Student Services/Prevention and Wellness, (608) 266-5198, douglas.white@dpi.state.wi.us.
Copy of Rule and Submission of Written Comments
The administrative rule and fiscal note are available on the internet at http://dpi.wi.gov/pb/rulespg.html. A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to lori.slauson@dpi.state.wi.us or by writing to:
Lori Slauson
Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than February 27, 2008, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Dept. of Public Instruction
Statute interpreted
Section 115.28 (47), Stats.
Statutory authority
Section 227.11 (2) (a), Stats.
Explanation of agency authority
Section 227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
N/A
Plain language analysis
2007 Wisconsin Act 20, the biennial budget bill, created a new competitive grant program under s. 115.28 (47), Stats., appropriating $250,000 annually for school districts, other than Milwaukee Public Schools, to employ additional school nurses or contract for additional nursing services.
Grants must be awarded based on greatest need such as the ratio of pupils to nurses, rate of chronic health problems among pupils, and number of pupils from low-income families. Recipients may not supplant existing nursing staff or services and must submit a report to the department describing how the school district used the money and its effectiveness in providing additional nursing services to pupils who need such services.
The proposed rule establishes criteria and procedures for awarding grants to eligible school districts.
Emergency rules were promulgated effective November 24, 2007, in order to establish application criteria and procedures in time for the program to operate in the second semester of the school year.
Comparison with federal regulations
N/A
Comparison with rules in adjacent states
Illinois, Iowa, Michigan, and Minnesota do not have rules relating to grants for nursing services.
Summary of factual data and analytical methodologies
The rules reflect statutory language. Because 2007 Wisconsin Act 20 creating this grant program became effective October 27, 2007, the rule established an application deadline of December 14 to expedite the awarding of funds in 2007-08. In subsequent years, applications will be due April 30 to coincide with application timelines established for other grants awarded by the department.
Analysis and supporting documents used to determine effect on small business
N/A
Initial Regulatory Flexibility Analysis
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Fiscal Estimate
Under s. 20.255 (2) (dL), Stats., 2007 Wisconsin Act 20 appropriated $250,000 annually for the department to award nursing services grants to school districts (other than Milwaukee Public Schools) to employ additional school nurses or contract for additional nursing services.
The rule establishes criteria and procedures for awarding these program grants. The rules will have no fiscal effect on local governments or small businesses as defined in s. 227.114 (1) (a), Stats.
The costs associated with administering this grant program will be absorbed by the department.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s. 194.407(1) and (3), Stats., as created by 2007 Wis. Act 20, interpreting s. 194.407, Stats., the Department of Transportation will hold a public hearing on March 5, 2008 at the Hill Farms State Transportation Building, Room 144-B, 4802 Sheboygan Avenue, Madison, WI, at 10:00 AM, to consider the creation of ch. Trans 178, Wis. Adm. Code, relating to the Unified Carrier Registration system.
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