Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
An Internet search of the Federal Register did not reveal any processes for granting authority to local units of government with respect to plumbing plan review or staffing levels thereof.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
The anticipated economic impact to agent municipalities is lower staffing costs where fewer than two full-time staff is needed to conduct plumbing plan review in a proper and timely manner. An increase in revenues at the local level may result if more municipalities obtain agent status to review plans that otherwise would have been submitted to the Department.
The anticipated economic impact to the Department is a decrease in the number of plumbing plans submitted for review, and the commensurate loss in revenue. Also, the Department may remain in the position of providing code consultation, code development and training, and additional audit functions with a reduced revenue stream from plan review.
The anticipated economic impact to small business is expected to be minimal but mostly positive, in that individuals so qualified by the department may be utilized by one or more municipalities to conduct this program service. The enactment of this rule is not expected to result in an undue burden on small business other than the current requirements of maintaining license(s) and plan review records, as well as conducting such reviews in a proper and timely manner. With the exception of having access to a computer and phone, no additional equipment is necessary to conduct plan review service.
Contact Person
Jean M. MacCubbin, Program Manager, Division of Policy Development, Department of Safety and Professional Services; P.O. Box 8935; Madison WI 53708; phone: 608.266.0955; contact Through Relay; email:
jean.maccubbin@wisconsin.gov.
Safety and Professional Services
Professional Services, Chs.
SPS 1–299
This statement of scope was approved by the governor on January 28, 2013.
Rule No.
Relating to
Reciprocity.
Rule Type
Permanent and emergency.
Finding/Nature of Emergency (Emergency Rule Only)
Federal legislation, namely Title XI of the Federal Financial Institutions Reform Recovery and Enforcement Act of 1989, as amended by the Dodd-Frank Act of 2010, dictates the reciprocity requirements for real estate appraisers in each state. The federal body that oversees reciprocity requirements is the Appraisal Subcommittee (ASC). Currently, Wis. Admin. Code s.
SPS 81.04 is not in compliance with this federal legislation. The Code must be brought into compliance by July 1, of 2013. At that time the ASC will conduct an audit to determine which states are in compliance. If Wisconsin is designated “out of compliance" then federally regulated financial institutions may not engage a Wisconsin certified or licensed appraiser to perform an appraisal of property for a federally related transaction and other states will not be required to recognize Wisconsin credentialed appraisers seeking reciprocity. In order to implement the federally mandated reciprocity requirements before July 1, 2013, an emergency rule is needed.
Detailed Description of the Objective of the Proposed Rule
The sole purpose of the proposed rule is to bring current Wisconsin administrative code in line with federal legislation.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The existing policy in Wis. Admin. Code s.
SPS 81.04 (2) requires reciprocity applicants be evaluated as to whether they are “substantially equivalent" to the requirements for licensure or certificate as an appraiser in this state. The evaluation is based on the other state's requirements for licensure or certification that were in effect at the time the applicant's credential was granted in that state; instead of at the time the applicant filed an application in this state.
The new reciprocity policy, as prescribed by federal statue, will require that an appraiser coming from another state seeking reciprocity in this state must hold a current certification or license in the other state that was issued in compliance with the Financial Institution Reform Recovery Act of 1989,
12 U.S.C. 3351, and that the credentialing requirements of the other state, as they currently exist, meet or exceeds Wisconsin credentialing requirements as they currently exist.
The alternative for failing to make the necessary revisions to current Wis. Admin. Code s.
SPS 81.04 would result in Wisconsin appraisers being precluded from appraising properties that are being financed with federal loans.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a), Stats., provides that, “each agency may promulgate rules interpreting the provisions of any statute enforced or administered by it...." Section
440.03 (1), Stats., specifies, “the department may promulgate rules defining uniform procedures to be used by the department,[and] the real estate appraisers board, . . ." The department administers s.
458.06 (4m), Stats
., regarding reciprocal certification which states, “upon application and payment of the fee specified in s.
440.05 (2), the department shall grant and issue a certificate of certification as a general appraiser or as a residential appraiser, as appropriate, to any applicant to whom any of the following applies . . ." Since the department administers s.
458.06, Stats., the department is empowered pursuant to ss. 227. (2) (a) and 44.03 (1), Stats., to define the uniform procedures to be used regarding real estate appraisers and reciprocity.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
200.
List with Description of All Entities that may be Affected by the Proposed Rule
Certified and licensed appraisers in Wisconsin and other states.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
Title XI of the Federal Financial Institutions Reform Recovery and Enforcement Act of 1989, as amended by the Dodd-Frank Act of 2010, "provides that Federal financial and public policy interest in real estate related transactions will be protected by requiring that real estate appraisals utilized in connection with federally related transactions are performed in writing, in accordance with uniform standards, by individuals whose competency has been demonstrated and whose professional conduct will be subject to effective supervision." 12 USCS § 3331 In order to accomplish this purpose, federal legislation has set up the ASC. The ASC monitors the states to insure that state certified or licensed appraisers meet the federal standards before engaging in federally related transaction and "for the purpose of determining whether a State agency's, policies, practices, and procedures are consistent with" FIRREA. 12 USCS § 3347
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
The Department anticipates a minimal economic impact.
Contact Person
If you have any questions please contact Shawn Leatherwood, Department of Safety and Professional Services, Division of Policy Development, at 608-261-4438 or
Shancethea.Leatherwood@wisconsin.gov.
Safety and Professional Services —
Board of Nursing
The statement of scope was approved by the governor on January 28, 2013.
Rule No.
Relating to
Misconduct or unprofessional conduct.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to update and modernize the misconduct or unprofessional conduct rule which has not been updated since 1995. The Board desires to utilize the recently adopted model rules of the National Council of State Boards of Nursing (NCSBN) and other Nurse Licensure Compact (NLC) states' rules as well as their own review of the misconduct or unprofessional conduct rule.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The current rule defines misconduct or unprofessional conduct as “any practice or behavior which violates the minimum standards of the profession necessary for the protection of the health, safety, or welfare of a patient or the public." The rule includes in a list specific practices or behavior which constitutes misconduct or unprofessional conduct.
The new policy proposed is to review the existing list and update it based upon current minimum standards of the profession necessary for the protection of the patient or public. This may include addressing new technologies, laws which have been enacted since 1995 including Health Insurance Portability and Accountability Act, and failure to cooperate with department investigations. The Board will review the recently adopted model rules of NCSBN to determine whether the inclusion of their rules would be in the best interest of the state of Wisconsin. In addition, as a member state of the NLC (which allows our nurses to work in another compact state under their Wisconsin license and nurses to work in Wisconsin under another compact state's license) the goal is to have consistency among the compact states as to what practices are construed as misconduct or unprofessional conduct.
The alternative to updating and modernizing the misconduct or unprofessional conduct rule is to continue with a current rule that creates uncertainty to the licensee as to what is misconduct or unprofessional conduct when a situation arises involving technology, practices, or laws that were not in place in 1995.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats. 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.
Section
441.01 (3), Stats. The board may establish minimum standards for schools for professional nurses and schools for licensed practical nurses, including all related clinical units and facilities, and make and provide periodic surveys and consultations to such schools. It may also establish rules to prevent unauthorized persons from practicing professional nursing. It shall approve all rules for the administration of this chapter in accordance with ch.
227, Stats.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
125 hours.
List with Description of all Entities that May Be Affected by the Proposed Rule
Licensees, health care consumers, and department of safety and professional services compliance staff.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
None.
Anticipated economic impact of implementing the rule
None or minimal.
Contact Person
Sharon Henes, (608) 261-2377.
Safety and Professional Services —
Marriage & Family Therapy, Professional Counselors, Social Work Examining Board
The statement of scope was approved by the governor on January 28, 2013.
Rule No.
Relating to
Licensure, education, examination, supervised practice, continuing education.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
The proposed rule would update the licensing requirements for the training certificate, temporary license, and reciprocal licensure to correct statutory/rule inconsistencies, create clarification and to update to current standards. The proposed rule would also address supervised practice to reflect the current practices, including the use of new technologies. In addition, the proposed rule would update the continuing education to reflect current continuing education programs, including technological methods of delivery. The proposed rule would update the academic program equivalent to a doctorate in professional counseling which has not been updated since 1999.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Currently there is inconsistency between the statute and rule as it relates to temporary license. The proposed rule would bring the rule in line with the statute. The training certificate and reciprocal license rules need clarification and updating.
Currently the supervised practice requirements do not address current practices, including the use of new technologies during supervision.
Updating the continuing education requirements will create clarity and utilize current technological methods of delivery of the continuing education.
The academic program equivalent to a doctorate in professional counseling is not current with education standards in the area of professional counseling. The rule would update the requirements to reflect the minimum education required for a program to be equivalent to a doctoral degree in professional counseling.
The alternative to the proposed changes would be to continue to have statutory/rule inconsistencies, lack of clarity in the rules, continual prohibition regarding the use of current technologies in supervised practice and continuing education and doctoral education standards which are not equivalent to a doctoral degree in professional counseling.
Detailed Explanation of 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.
