Scope Statements
Dentistry Examining Board
Subject
Revises sections
DE 6.02,
7.03 and
7.05, to clarify the board's advertising rule and to create consistency in cardiopulmonary resuscitation (CPR) training requirements.
Objective of the Rule
Clarify the board's unprofessional advertising rule, DE Ch.
6, to require training in an American Dental Association (ADA) Commission on Dental Accreditation (CODA) post-graduate training program in a specialty recognized by the board as a prerequisite to advertising a practice as specializing in a dental specialty. Also, the board intends to prohibit advertising a specialty if it is not a specialty recognized by CODA, and to specify other changes to the advertising rule that may be necessary for its effective enforcement.
Clarify wherever necessary CPR requirements for licensing, renewal and certification, including certification in the administration of local anesthesia, to ensure wider availability of approved options for qualified CPR training.
Policy Analysis
Currently, the board's unprofessional conduct advertising rule requires training in a CODA-approved course. CODA approves programs, not courses. The result is that dental practices may currently advertise a purported specialty without having completed a CODA-approved program. In addition, there are a limited number of CODA-recognized specialties, and there are dental practices in Wisconsin advertising specialties that are not recognized by CODA.
To obtain a license to practice dentistry or dental hygiene, an applicant must submit evidence satisfactory to the board that the person has current proficiency in CPR through instruction provided by an individual, organization, or institution of higher education qualified to provide such instruction. To renew a license, a dentist and dental hygienist must attest that he or she has current proficiency in CPR. The statute requires the board to consult with the Department of Health Services to determine whether an individual, organization, or institution of higher education is qualified to provide instruction in CPR. The Department of Health Services maintains a list of approved providers. The list includes five providers in addition to the American Red Cross and the American Heart Association. To obtain certification to administer local anesthesia, dental hygienists must show evidence of current qualification in CPR from either the American Heart Association (AHA) or the American Red Cross (ARC). If there are qualified CPR course providers in addition to the AHA and the ARC that are recognized for licensing and renewing a license, the board concludes there are likewise additional course providers qualified to provide CPR training for local anesthesia.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Applicants for a dentist or dental hygiene license, applicants renewing a dental or dental hygiene license, dental hygienists applying for certification to administer local anesthesia, CPR course providers, the Dentistry Examining Board and the Department of Regulation and Licensing.
Estimate of Time Needed to Develop the Rule
It is estimated that 150 staff hours will be needed to promulgate the rule.
Government Accountability Board
Subject
Creates Chapter
GAB 26 relating to Contract Sunshine.
Objective of the Rule
Rules promulgated by the Board will assist with the proper administration of
2005 Wisconsin Act 410 (“Contract Sunshine.")
Policy Analysis
Pursuant to
2005 Wisconsin Act 410 (“Contract Sunshine"), state agencies are required to provide certain information to the Government Accountability Board regarding solicitations, contracts, or orders involving major expenditures. Furthermore, the Government Accountability Board is required to post the agencies' information on an internet site. The proposed order will provide direction to agencies subject to the Act regarding the method and manner by which to comply with the Act. In addition, the proposed order will clarify responsibilities of the Government Accountability Board regarding monitoring agencies' compliance with the Act.
Statutory Authority
Comparison with Federal Regulations
At the federal level, the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282) and the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) codified requirements to report publicly via the internet certain assistance and procurement data for Federal agencies for all actions that obligate $25,000 or more in Federal funds. The Office of Management and Budget established the
www.USAspending.gov website to implement the statutory requirements. The Office of Management and Budget is promulgating rules to provide further guidance to agencies regarding assistance reporting, but has relied on guidance found in OMB Circulars to date. Rules for procurement reporting are generally found in Title 48 of the Code of Federal Regulations. (See 48 CFR ch.
1). Federal procurement data is first entered into the Federal Procurement Data System and then exported to
www.USAspending.gov. The proposed rules and existing rules prescribe the manner and method for compliance with the two Acts.
Entities Affected by the Rule
The Government Accountability Board and any state agency making solicitations for bids or competitive sealed proposals, or proposed orders or contracts for which bids or competitive sealed proposals will not be solicited, that involve a major expenditure as defined in section 16.753 (1), Wis. Stats.
Estimate of Time Needed to Develop the Rule
30 hours.
Hearing and Speech Examining Board
Subject
Revises Chapter
HAS 8, relating to an ethics continuing education requirement for audiologists, hearing instrument specialists, and speech language pathologists.
Objective of the Rule
The proposed rule would require two hours in ethics out of the twenty hours of continuing education that must be completed prior to renewal of a credential for audiologists, hearing instrument specialists and speech language pathologists.
Policy Analysis
The Board may further define ethics within the context of continuing education. Credits will not be restricted by topic.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Licensed audiologists, hearing instrument specialists and speech language pathologists, continuing education sponsors and providers, and the Department of Regulation and Licensing
Estimate of Time Needed to Develop the Rule
It is estimated that 160 staff hours will be needed to promulgate the rule.
Military Affairs
Subject
Creates Chapter
DMA 1, relating to military family financial aid.
Objective of the Rule
Create rules to administer the distribution of Military Family Relief funds donated per section 20.465 (2) (r), Wis. Stats., through Military Family Financial Aid.
Policy Analysis
Currently the Military Family Relief Fund is not administered.
Statutory Authority
Comparison with Federal Regulations
Various non-profit entities, to include Army Emergency Relief, are endorsed by the federal government to support service members and their families during financial emergencies; however, there are no analogous rules funded by tax check-off.
Entities Affected by the Rule
Military Family Financial Aid will only affect service members and their families, and will create a minimal administrative burden on the Department of Military Affairs.
Estimate of Time Needed to Develop the Rule
Department of Military Affairs employees will spend approximately 100 hours developing and promulgating this rule.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # PR-36-10)
Subject
Revises section
NR 1.29, relating to management of department lands purchased for the ice age trail and north country trail.
Objective of the Rule
To guide and allow some management of lands purchased for the Ice Age and North Country trails. Such management activities would include selective timber harvest, invasive species removal, installation of the Ice Age and North Country trails, dispersed camping, and other minor trail amenities such as small parking lots.
This rule proposal would compliment the proposed Ice Age Trail hunting policy (NR 10.275 (4), Wis. Adm. Code).
Policy Analysis
These rules would provide property managers guidance for pre-Master Plan management of lands purchased for the Ice Age and North Country trails. These individual properties, which number in the high 70s, are not likely to be Master Planned for another six to ten years.
Statutory Authority
Comparison with Federal Regulations
N/A.
Entities Affected by the Rule
Groups likely interested in this rule will be recreation user groups, trail users, and the governmental and non-profit partners on the Ice Age and North Country Trails.
Estimate of Time Needed to Develop the Rule
80 hours.
Contact Information
Brigit Brown
101 S. Webster Street, Madison, WI 53703
Phone: (608) 266-2183
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # CF-28-09)
NOTE: The original scope statement was published in the Administrative Register on November 1, 2009. While working on revisions to ch.
NR 51, DNR staff have identified several issues that should be addressed and were not included in the original scope statement. An amended scope statement appears below.
Subject
Revises Chapter
NR 51, Wis. Adm. Code, relating to the administration of grants provided through the Knowles- Nelson Stewardship Program.
Objective of the Rule
Proposed changes to ch.
NR 51 fall into the following categories:
1.
Housekeeping — Corrections of grammar, sentence structure, definitions of terms used in the existing ch.
NR 51 but not previously defined, and gathering of requirements from throughout ch.
NR 51 into one location when those requirements apply to all categories of Stewardship grants.
2.
Changes resulting from reauthorization of the Knowles-Nelson Stewardship Program in
2007 Wis. Act 20 — Adds public access requirements by reference to ch.
NR 52, Wis. Adm. Code. Adds new signage requirements. Adds three new subchapters, as follows:
•
Grants to Counties when the DNR asks for Assistance (s.
23.0953 (2) (a) 2., Wis. Stats.)
Allows grant awards for up to 75% of total project costs to nonprofit conservation organizations that meet certain criteria (s.
23.096 (2m), Wis. Stats.)
3.
Incorporation of Existing Grant Practices — Many of these practices have evolved and been used since ch.
NR 51 was last promulgated in 2001. Some changes in this category represent changes in policy.
Policy Analysis
1. Advances for Friends Group reduced from 100% to 50% following execution of grant agreement. Increasingly, Friends Groups have been slow in closing out grants when 100% is advanced and often cannot provide documentation to justify all expenditures. When a 100% advance is provided and all funds are expended, there is nothing available to refund the DNR. By providing a 50% advance, the DNR is exercising its fiduciary responsibility. Friends Groups will continue to be eligible for their entire grant award so long as they submit documentation in support of claimed costs.
2.
Clarify that grants provided for development projects must encumber the grant property in perpetuity. By practice over the last decade, the DNR has required that properties are encumbered under the Stewardship program even if the DNR has only provided a Stewardship grant for a development project. This change to ch.
NR 51 codifies past practices. To formalize the process, grant contracts will be recorded on the property deed.
3. Make “playgrounds" a grant-eligible support facility for nature-based outdoor recreation. Getting children into the outdoors and beginning an appreciation of nature often begins with playground equipment in parks. The statutes allow the DNR to add to the definition of nature-based outdoor recreation by rule. Local governments have requested this addition to the definition of nature-based outdoor recreation. The DNR feels playground equipment should be considered on a case-by-case basis so long as the equipment is supplemental to the primary purpose of the grant.
4. Further defines criteria for nonprofit conservation organizations to be eligible to apply for a Stewardship grant.
5. Removes the requirement that the DNR “shall" provide a Stewardship grant for Natural Area projects if funds are available. This change acknowledges that project approval is also contingent upon approval of the Natural Resources Board and Joint Finance Committee, where appropriate.
6. Increases the required lease length on developed properties not owned by the sponsor from 20 to 25 years. This change provides increased protection for properties where Stewardship grant funds were used.
7. Simplifies the formula for determining how long nonprofit conservation organization organizations have to use “residual credits". Residual credit is the term used to describe any remaining value of a donated property where that property has already been used as sponsor match to an earlier Stewardship grant application. Project sponsors will have 36 months from the date that the first grant contract is issued to use residual credit. Residual credit still cannot be transferred among nonprofit conservation organizations and still can only be used as match to projects within the same Stewardship grant subprogram.
8. Requires that a comprehensive outdoor recreation plan (CORP) be adopted by the time of a grant application rather than the CORP being “under development" at the time of grant application. The DNR has experienced several instances where local government projects scored well enough to rank high enough to receive grant funding, but the project is delayed more than one year because the CORP took so long to be adopted. Funds reserved for local governments in these cases could have been awarded to the next highest-ranked project that was ready to proceed. Requiring that CORP be adopted at the time of a grant application ensured that Stewardship grant funds are used in a timely manner.
9. Other issues identified through public outreach and comment during the rule making process.
Statutory Authority
Sections
23.0917,
23.0916,
23.9165, Wis. Stats. (
Warren Knowles-Gaylord Nelson Stewardship 2000 program); 23.0953, Stats.,
(Grants to counties for land acquisition); and 227.11 (2), Stats., (
general rule making authority).
Comparison with Federal Regulations
There are no existing or proposed federal regulations that govern the administration of the Knowles-Nelson Stewardship grant programs.
Entities Affected by the Rule
Entities eligible for Stewardship Grants include: cities, villages, towns, counties, lake sanitary districts as defined in s.
30.50 (4q), Wis. Stats., public inland lake protection and rehabilitation districts, Friends groups, and nonprofit conservation organizations as defined in s.
23.0955 (1), Wis. Stats. All of these entities are affected by this rule and they will have varying levels of interest in any modifications to the existing rule. The counties and the Wisconsin County Forests Association will be very interested in the development of the new subchapter for grants to counties. The Stewardship Advisory Council will also work with the Department on proposed rule changes.
Estimate of Time Needed to Develop the Rule
The Department anticipates spending approximately 1,000 hours of existing staff time for this rule revision. This time includes meetings with the Stewardship Advisory Council, drafting the rule, taking the rule to statewide public hearings, preparing and attending meetings with the Natural Resources Board, legislative review, and rule adoption. It is estimated that this rule process will be completed on May 1, 2011.
Contact Information
Amy Bradley
Stewardship Local Assistance Grant Manager
DNR — Bureau of Facilities and Land
P.O. Box 7921, Madison, WI 53707
Phone: (608) 267-0497
