2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
The department is authorized to promulgate the rules as emergency rules under s.
227.24,
(1) (a), Stats., which provides:
227.24 (1) (a) An agency may promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under this chapter if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to develop the rules is expected to range from 100 to 200 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Description of All Entities that may be Impacted by the Rule
Health care providers, as defined in s.
146.81 (1) (a) to
(p), Stats., that incur IT hardware and software costs for maintaining medical records in electronic form.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
The federal Office of the National Coordinator (ONC) for Health IT promulgated
45 CFR 170 relating to health IT standards, implementation specifications, and certification criteria and certification programs for health IT. These rules, in addition to the rules for meaningful use of certified EHR technology under
42 CFR 495, are being used by the Centers for Medicare and Medicaid (CMS) to administer an electronic health record incentive payment program. CMS will require health care providers participating in Medicare to adopt and use certified EHR technology or face penalties beginning in 2016.
Contact Person
Dale Kleven (608) 266-8253
Safety and Professional Services —
Optometry Examining Board
This statement of scope was approved by the governor on November 1, 2011.
Rule No.
OPT 5.02
Relating to
Lens prescription.
Description of the Objective of the Rule
The objective is to allow for electronic signatures on a lens prescription.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
The current definition for lens prescription states a “written order" which could be interpreted to not allow for an electronic signature. A contact lens prescription does not have the requirement of “written order" and requires a signature. This same section defines signature as a handwritten mark or an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. Modification of the current definition for lens prescription would provide clarity and create a consistency between lens prescriptions and contact lens prescriptions. Health care entities are increasingly utilizing electronic signatures as a way to improve patient safety, inefficiencies and control costs.
Statutory Authority for the Rule Including the Statutory Citation and Language)
Section
15.08 (5) (b) Each examining board: shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
25 hours
Description of All Entities that may be Impacted by the Rule
Licensees benefit by providing patient safety in an economically advantageous manner.
Consumers have the benefit of increased access and safety as well as reaping the economic impact felt by the licensee.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
None.
Contact Person
Sharon Henes, (608) 261-2377
