Comparison with rules in adjacent states
Minnesota:
Minnesota does not require proficiency and training as a requirement for licensure and renewal of Minnesota chiropractic licenses.
Michigan:
Michigan does not require proficiency and training as a requirement for licensure and renewal of Michigan chiropractic licenses.
Illinois:
Illinois does not appear to require proficiency and training as a requirement for licensure and renewal of Illinois chiropractic licenses.
Iowa:
Iowa does not require proficiency and training as a requirement for licensure and renewal of Iowa chiropractic licenses.
Summary of factual data and analytical methodologies
2007 Wisconsin Act 104 created a requirement for applicants for an initial credential as a chiropractor and as a qualification for renewal to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification. This requirement of the Act has been set forth in the newly created rule provisions, as directed by the legislature.
Analysis and supporting documents used to determine effect on small business
Training for AED certification and renewal of certification may vary. The Madison Wisconsin Chapter of the American Red Cross (Badger Chapter) offers to professionals AED/CPR initial certification for $80.00 and $52.00 for review. Both trainings are valid for one year. Based on these figures, AED certification for a licensed chiropractor could cost approximately $132.00 for the licensure biennium and less so in subsequent bienniums (initial biennium in which AED certification was achieved: $132.00 initial certification plus $52.00 for review). A price sheet obtained from the Badger Chapter of the American Red Cross for January to December of 2008 is attached.
As of July 2008, there were 2,153 Wisconsin chiropractors with active licenses to practice.
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.
Small Business Impact
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 this rule will require staff time in the Office of Legal Counsel, Division of Management Services, Office of Exams, and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $4,501. The total on-going salary and fringe costs are estimated at $3,265.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
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 also be submitted in writing without a personal appearance by mail addressed 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 November 24, 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; telephone 608-266-0495; email at
pamela.haack@drl.state.wi.us.
Text of Proposed Rule
SECTION 1. Chir 1.02 (1m) is created to read:
Chir 1.02 (1m) “Current proficiency in the use of an automated external defibrillator" means that a person has successfully completed a course of instruction in the use of an automated external defibrillator provided by an individual, organization or institution of higher education approved to provide the instruction under s.
46.03 (38), Stats., within the 24 months immediately prior to application.
SECTION 2. Chir 2.02 (6) (c) is created to read:
Chir 2.02 (6) (c) Evidence that the applicant has current proficiency in the use of an automated external defibrillator.
SECTION 3. Chir 3.02 (1) (e) is created to read:
Chir 3.02 (1) (e) Evidence that the applicant has current proficiency in the use of an automated external defibrillator.
SECTION 4. Chir 3.03 (1) (i) is created to read:
Chir 3.03 (1) (i) Has current proficiency in the use of an automated external defibrillator.
SECTION 5. Chir 5.01 (1) (h) is created to read:
Chir 5.01 (1) (h) One credit of course work completed to become proficient in the use of an automated external defibrillator as required in ss.
Chir 2.02 (6) (c),
3.02 (1) (e) and
3.03 (1) (i), may be counted as a continuing education credit hour.
SECTION 6. Chir 5.02 (1m) and (7) are created to read:
Chir 5.02 (1m) The board shall approve a continuing education program that is approved under s.
46.03 (38), Stats., to provide instruction in the use of an automated external defibrillator.
(7) This section does not apply to programs approved under s.
46.03 (38), Stats., to provide instruction in the use of an automated external defibrillator.
Notice of Hearing
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 104—
Housing Assistance, Chs.
Comm 150—
NOTICE IS HEREBY GIVEN that pursuant to ss.
560.02 (4),
560.04,
560.045, and
560.9809, Stats., the Department of Commerce will hold a public hearing on
proposed rules under Chapters
Comm 108 and
154, relating to emergency assistance grants in the community development block grant program.
Hearing Information
The public hearing will be held as follows:
Date and Time
|
Location
|
November 13, 2008
Thursday
10:00 a.m.
|
Thompson Commerce Center
Third Floor, Room 3B
201 West Washington Avenue
Madison
|
This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at (608) 266-0797 or at Contact Through Relay at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Analysis Prepared by the Department of Commerce
Statutes interpreted
Statutory authority
Explanation of agency authority
The Department is the designated agency to administer the federally funded Small Cities Community Development Block Grant (CDBG) Program for Wisconsin. These CDBG funds can be used statewide, except in “entitlement" communities that also receive annual CDBG funding directly from the US Department of Housing and Urban Development (cities with populations above 50,000 and, with only a few exceptions, Milwaukee, Dane, and Waukesha Counties). Federal regulations require that the Department submit an Annual Plan describing the State's intended use and distribution of the CDBG funds based on any State regulations and public input. The Wisconsin administrative rules that are authorized by the above statutes set forth the criteria, process, and limitations for distributing CDBG funds.
Related statute or rule
The Department has statutes and rules for other programs associated with housing assistance and community development, but none of these programs fund emergency assistance for housing repair or public infrastructure/facility repair or replacement.
Plain language analysis
The proposed rules in this order would repeal limits on emergency assistance grants in the CDBG Program. This will enable the Department to (1) use any available CDBG funds for emergency assistance with repairing or replacing public infrastructure and facilities, and with repairing or replacing homes damaged by the severe storms and flooding; and (2) base the award amounts on the scope of the damages and destruction in the community and on the funds available.
Comparison with federal regulations
24 CFR 570.483(d) allows the Department to use CDBG funds for activities that address the national objective of meeting an “urgent local need." The criteria under this objective specify that the funded activities must be designed to alleviate existing conditions which pose a serious and immediate threat to the health or welfare of the community, and which are of recent origin or recently became urgent. In addition, the Department must determine that the state grant recipient is unable to finance the activity on its own, and that other sources of funding are not available to carry out the activity.
Comparison with rules in adjacent states
Michigan:
Michigan does not set aside or limit the use of CDBG funds for emergency assistance in either state statute or administrative rule or in their Annual Plan submittal to HUD. In the event of a disaster, Michigan amends their Annual Plan to enable CDBG funds to be used for emergency assistance as needed.
Minnesota:
Minnesota does not set aside CDBG funds for emergency assistance in either state statute or administrative rule or in their Annual Plan submittal to HUD. In the event of a disaster, Minnesota amends their Annual Plan to enable CDBG funds to be used for emergency assistance. The Minnesota Small Cities Development Program does have a policy to limit CDBG funding to $1.4 million per community for each event.
Iowa:
Iowa does not set aside or limit the use of CDBG funds for emergency assistance by state statute or administrative rule. The current Iowa Annual Plan sets aside 5 percent of the CDBG annual allocation for emergency assistance. Iowa amends their Annual Plan if additional funds are needed.
Illinois:
Illinois does not set aside or limit the use of CDBG funds for emergency assistance in either state statute or administrative rule or in their Annual Plan submittal to HUD. In the event of a disaster, Illinois amends their Annual Plan to enable CDBG funds to be used for emergency assistance as needed.
Summary of factual data and analytical methodologies
There were no factual data or analytical methodologies used to develop the proposed rules.
Analysis and supporting documents used to determine effect on small business
The proposed rules should have a minimal effect on small business. There were no supporting documents used to determine the effect on small business, and an economic impact report was not prepared.
Small Business Impact
Summary
The amended rules are not expected to adversely effect small business. Grants to repair or replace public infrastructure and facilities would only have a positive impact.
Initial Regulatory Flexibility Analysis
Types of small businesses that will be affected by the rules
Businesses that receive payments from funds which become available because of the rules.
Reporting, bookkeeping and other procedures required for compliance with the rules
No new reporting, bookkeeping or other procedures are necessary for compliance with the rules.
Types of professional skills necessary for compliance with the rules
No new professional skills are necessary for compliance with the rules.
Rules have a significant economic impact on small businesses
No.
Environmental Impact
The Department has considered the environmental impact of these proposed rules. In accordance with chapter Comm 1, the rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
