This document can be made available in alternate formats to individuals with disabilities upon request.
ATTACHMENT A
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1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)
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N/A
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2. Summary of the data sources used to measure the Rule's impact on Small Businesses
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3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?
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⍽ Less Stringent Compliance or Reporting Requirements
⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting
⍽ Consolidation or Simplification of Reporting Requirements
⍽ Establishment of performance standards in lieu of Design or Operational Standards
⍽ Exemption of Small Businesses from some or all requirements
⍽ Other, describe:
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4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses
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5. Describe the Rule's Enforcement Provisions
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6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)
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⍽ Yes ⍽ No
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Notice of Hearing
Safety and Professional Services —
Psychology Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Psychology Examining Board in sections 15.08 (5) (b) and 455.08, Wis. Stats., and interpreting section 455.04 (5), Wis. Stats., the Psychology Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal section
Psy 2.12 (2); renumber section
Psy 2.12 (3) and
(4); and amend section
Psy 2.09 (4) relating to applicant appearances.
Hearing Information
Date: Wednesday, February 6, 2013
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
Room 121A
Madison, WI
Appearances at the Hearing
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 the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Place Where Comments Are to be Submitted and Deadline For Submissions
Comments may be submitted to Sharon Henes, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to
Sharon.Henes@wisconsin.gov. Comments must be received at or before the public hearing to be held at 9:00 a.m. on February 6, 2013 to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Sharon Henes, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at Sharon.Henes@wisconsin. gov.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
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 procession. The Psychology Examining Board shall adopt such rules as are necessary under chapter 455, Wis. Stats.
Related statutes or rules
Plain language analysis
Section 1 amends s.
Psy 2.09(4) to reflect the statute provision which has a discretionary provision regarding appearances. Currently the rule requires every applicant to appear before the Board in person prior to licensure as a psychologist. The change will reduce the administrative burden of the resources of the Psychology Examining Board and the Department of Safety and Professional Services. It would also significantly reduce the time it takes an applicant to become licensed because they would no longer have to wait until a scheduled meeting to make an appearance.
Section 2 repeals the provision for licensure by reciprocity for applicants who are licensed in another state which is a signatory to the agreement of reciprocity of the Association of State Provincial Psychology Boards. The reciprocity agreement requires an appearance before the Board as part of the licensing process. Currently there are only seven other signatory states (Arkansas, Kentucky, Missouri, Nebraska, Nevada, Oklahoma and Texas). None of these states are neighboring states, therefore the change would not have a significant impact on applicants.
Summary of, and comparison with, existing or proposed federal statutes and regulations
None
Comparison to rules in adjacent states
Illinois:
Illinois does not require a personal appearance.
Iowa:
Iowa does not require a personal appearance.
Michigan:
Michigan does not require a personal appearance.
Minnesota:
Minnesota does not require a personal appearance.
Summary of factual data and analytical methodologies
The Psychology Examining Board conformed the rule to the statute. No additional factual data or analytical methodologies were used.
Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of Economic Impact Analysis
This rule creates a change which matches the statutory languages. The rule has a positive effect on applicants and does not have an effect on small business.
This rule was posted for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units and individuals, for a period of 14 days. No comments were received relating to the economic impact of the rule.
Fiscal estimate and economic impact analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Initial Regulatory Flexibility Analysis or Summary
The proposed rules do not have an economic impact on small businesses.
Agency Contact Person
Please direct any questions to Sharon Henes, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-2377; email at
Sharon.Henes@wisconsin.gov.
Text of Rule
SECTION 1. Psy 2.09 (4) is amended to read:
Psy 2.09 (4) APPEARANCE BEFORE THE BOARD. The applicant shall may be required to appear before the board in person prior to licensure to allow the board to make such inquiry of them as to qualifications and other matters as it considers proper.
SECTION 2. Psy 2.12 (2) is repealed.
SECTION 3. Psy 2.12 (3) and (4) are renumbered to Psy 2.12 (2) and (3).
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA 2049 (R 07/2011)
ADMINISTRATIVE RULES
FISCAL ESTIMATE AND
ECONOMIC IMPACT ANALYSIS
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Type of Estimate and Analysis
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X Original ⍽ Updated
⍽ Corrected
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Administrative Rule Chapter, Title and Number
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Psy 2
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Subject
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Applicant Appearances
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Fund Sources Affected
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Chapter 20 , Stats. Appropriations Affected
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⍽ GPR ⍽ FED X PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
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Fiscal Effect of Implementing the Rule
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⍽ No Fiscal Effect
⍽ Indeterminate
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⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
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⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
X Decrease Costs
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The Rule Will Impact the Following (Check All That Apply)
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⍽ State's Economy
⍽ Local Government Units
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⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
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Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
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Policy Problem Addressed by the Rule
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This amendment will bring the rule in line with the statutes which has a discretionary provision regarding applicant appearances rather than the current rule which is mandatory. The rule also repeals the reciprocity provision because the Agreement of Reciprocity of the Association of State and Provincial Psychology Boards requires a personal appearance before the Board.
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Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
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There is no economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole.
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Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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The benefit to rule will reduce the administrative burden of the resources of the Psychology Examining Board and the Department of Safety and Professional Services. It would also significantly reduce the time it takes an applicant to become licensed because they would no longer have to wait until a scheduled meeting. The repeal of the provision regarding the Agreement of Reciprocity of the Association of State and Provincial Psychology Boards would have minimal impact due to there only being seven other signatory states and none are neighboring states.
The alternative to rule change would be to continue requiring every applicant to appear before the Board prior to obtaining a license.
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Long Range Implications of Implementing the Rule
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The long range implication would be streamlined application process.
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Compare With Approaches Being Used by Federal Government
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None
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Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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None of our neighboring states require a personal appearance before the Board prior to issuance of a license.
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Name and Phone Number of Contact Person
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Sharon Henes (608) 261-2377
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Notice of Hearing
Safety and Professional Services —
Veterinary Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Veterinary Examining Board in sections 15.08 (5) (b) and 453.03 (1), Wis. Stats., and interpreting section 453.02 (4s), Wis. Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal section
VE 1.02 (8); and to amend section
VE 1.02 (7) relating to the definitions of patient and prescription legend animal drugs.
Hearing Information
Date: Wednesday, January 30, 2013
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
Room 121A
Madison, WI
Appearances at the Hearing
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 the Department of Safety and Professional Services, Division of Board Services, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Shancethea Leatherwood, Paralegal, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at Shancethea.Leatherwood @wisconsin.gov.
Place Where Comments Are to be Submitted and Deadline For Submissions
Comments may be submitted to Shancethea Leatherwood, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to Shancethea.Leatherwood @wisconsin.gov. Comments must be received at or before the public hearing to be held on January 30, 2013 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
An examining board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains. The Board may promulgate rules establishing the scope of practice.
Related statute or rule
Plain language analysis
Section 1 is amended in order for the definition of “patient" in the rule to match the definition in the statute.
Section 2 is repealed due to “Prescription legend animal drugs" no longer being referenced in the VE Code.
Summary of, and comparison with, existing or proposed federal statutes and regulations
None.
Comparison to rules in adjacent states
Illinois:
Illinois Veterinary Medicine and Surgery Practice Act of 2004 defines patient as “an animal that is examined or treated by a veterinarian." 225 Ill. Comp. Stat § 115/3. The Rules do not have a separate definition.
Iowa:
Iowa statutes and administrative code do not define patient; only animal.
Michigan:
