Statutes interpreted
Plain language summary
In 2004, the Department promulgated ch.
NR 198 for a cost share program for assisting public and private entities in controlling aquatic invasive species.
2007 Wisconsin Act 20 increased the cost share rates, removed priority for local government sponsors and increased the allocation of $2.8 million annually. The proposed revisions to ch.
NR 198 incorporate the new statutes and make additional changes that include larger maximum grant awards, an expanded list of potential sponsors, create incentives and priorities for projects that integrate aquatic invasive species control with other environmental protections and allows communities that are successfully and compliantly managing existing populations of aquatic invasive species to recoup their aquatic plant management permit fees.
Additional changes that increase the value of donated labor, used for local match, from $8 to $12 and require application materials to be submitted in electronic format in ch.
NR 198 are also proposed for the closely related lake and river grant programs in chs.
NR 190,
191 and
195 for needed uniformity.
Initial Regulatory Flexibility Analysis
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.
Environmental Analysis
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.
Fiscal Estimate
Summary
The proposed rule makes changes to the aquatic invasive species (AIS) grants program as a result of changes that were included in
2007 Act 20, the 2007-09 biennial budget act. The changes in the package include the following:
1. Increasing the cap on the state cost-share rate from 50% to 75%.
2. Deleting a requirement that grants be awarded to local units of government.
3. Increasing the maximum amount of dollars (i.e. grant cap) that can be awarded for a grant.
4. Increasing the value for volunteer labor that can be used as local match and require electronic applications. (These changes are proposed for NR 190 Lake Management Planning, NR 191 Lake Protection and Classification Grants, and NR 195 River Protection Grants, too).
5. Establishing a new category of AIS grants that reimburses grantees for maintenance costs that are incurred while managing established infestations of aquatic invasive species, and a new category describing how research and demonstration projects can be developed and proposed.
6. Allowing a cash advance for early detection and rapid response projects.
7. Expanding sponsorship to include universities, colleges and technical schools, hydro-electric corporations and other branches of state and federal government that manage lands or natural resources.
8. Broadening the definition of a nonprofit conservation organization (NCO).
9. Adding priorities and incentives for projects that integrate with pollution control, habitat protection and that use a bidding process to develop their budget.
State fiscal effect
Increase in costs that may be possible to absorb within agency's budget.
Although a rule change is required, item 1 above has already been implemented by the Department because the change has already been made in statute by Act 20. Items 2 through 9 above are expected to generate additional demand for AIS grants by an amount that cannot be specifically estimated. In addition, since Act 20 did not provide additional staff or funding for administering the AIS grant program, the costs associated with handling the additional demand for AIS grants will be absorbed with existing staff and within the existing budget.
Local fiscal effect
Increase revenues - permissive.
The rule makes it easier for local units of government to leverage grant funds and thus provides a greater financial incentive for local units to apply for grants.
Types of local governmental units affected
Towns, villages, cities, counties, lake districts, school districts
Fund sources affected
SEG
Affected chapter 20 appropriations
Notice of Hearing
Occupational Therapists Affiliated Credentialing Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Occupational Therapists Affiliated Credentialing Board in ss.
15.085 (5) (b),
227.11 (2) and
448.965 (2), Stats., and interpreting s.
448.96 (4) and
(6), Stats, the Occupational Therapists Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to renumber and amend section
OT 4.04 (4); and to create sections
OT 1.02 (3m) and
4.04 (4) (b), relating to occupational therapist supervision of occupational therapy assistants.
Hearing Information
Date: July 15, 2008
Time: 9:30 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Appearances at Hearing and Submission of Written Comments
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 be submitted to 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, or by email to pamela.haack@drl. state.wi.us. Comments must be received on or before July 17, 2008, to be included in the record of rule-making proceedings.
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.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
The Occupational Therapists Affiliated Credentialing Board has the authority to promulgate rules under s.
448.965, Stats., that define the scope of practice of occupational therapy or the scope of practice of assisting in the practice of occupational therapy.
Related statutes or rule
There are no other statues or rules other than those listed above.
Plain language analysis
Section
OT 4.04 (4) is being modified to address the frequency of contacts that an occupational therapist must have with an occupational therapy assistant. In so doing, the board intends to add a greater measure of flexibility for these licensees since the existing provisions were often found to be burdensome to implement. Furthermore, a new provision is being added to define “direct contact" between an occupational therapist and an occupational therapy assistant.
SECTION 1 creates a definition of “direct contact" between an occupational therapist and an occupational therapy assistant. Communication between the two may be face-to-face, by telephone, electronic communication, or group communication.
SECTION 2 amends the frequency of direct contacts that an occupational therapist (OT) must have with an occupational therapy assistant (OTA). Under this proposal, the required contact between the OT and OTA must be a minimum of once a calendar month or every tenth session of occupational therapy, whichever is sooner. The contacts need not be held during a treatment session, nor must the meetings be held simultaneously with the OT, OTA, and client. The rule identifies that the purpose of the meetings is to review the progress and effectiveness of treatment.
SECTION 3 requires the occupational therapist to document supervisory activities, including the client's name, status, and plan.
Comparison with federal regulations
There is no existing or proposed federal regulation for summary and comparison.
Comparison with rules in adjacent states
Iowa: Occupational therapists must provide direct, on-site and in-sight supervision for a minimum of four (4) hours per month to occupational therapy assistants. They must also identify in the treatment plan what has specifically been delegated to the occupational therapy assistant.
Illinois: Supervision is required of occupational therapy assistants depending upon the varying patterns as determined by the demands of the areas of patient/client service and the competency of the individual assistant. The supervision is structured according to the assistant's qualifications, position, level of preparation, depth of experience and the environment within which he/she functions. However, there are minimal supervisory requirements. For instance, for an occupational therapy assistant who has less than one year of work experience, a minimum of 5% on-site, face-to-face supervision per month by an occupational therapist is required.
Michigan: Michigan does not appear to have any specific rules governing the supervisory requirements for occupational therapy assistants. Their rules appear to be limited to obtaining a credential.
Minnesota: Minnesota requires face-to-face collaboration between an occupational therapist and an occupational therapy assistant every two weeks, at a minimum. Face-to-face collaboration is required more frequently if necessary to execute a patient's care.
Summary of factual data and analytical methodologies:
The board reviewed comments from occupational therapy professionals and held discussions during open session of its meetings regarding the impact of current supervision rules on the provision of care.
Analysis and supporting documents used to determine effect on small business
No significant impact on small businesses is anticipated. There are no additional compliance or paperwork requirements.
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.
Initial Regulatory Flexibility Analysis
These proposed rules will have no 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.
Fiscal Estimate
Summary
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.
Text of Proposed Rule
SECTION 1. OT 1.02 (3m) is created to read:
