Scope Statements
Insurance
This statement of scope was approved by the governor on July 1, 2013.
Rule No.
Relating to
Coordination of benefits and affecting small business.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
This will be promulgated as a permanent rule, as such no finding of emergency will be provided.
2. Detailed Description of the Objective of the Rule
The Office intends to repeal and recreate s.
Ins 3.40, Wis. Admin. Code, to update the coordination of benefit definitions and provisions and more closely align with the current National Association of Insurance Commissioners (NAIC) model regulation. The last substantive revision occurred in 1989 rendering Wisconsin's current rule inconsistent with other states and lacking helpful guidance on recent state and federal law changes including coverage for dependents to age 26, coordination with dental coverage and inclusion of individual health coverage. Updating the rule will result in less administrative cost to insurers while maintaining order in the coordination of benefits for the protection of insureds.
3. 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
Section
Ins 3.40, Wis. Admin. Code, relates to coordinating benefits when a person is covered by two or more health, disability, automobile medical benefits insurance policies. The coordination rule assists in determining which plan is primary and pays first and which plan is secondary. Without coordination of benefits insureds could collect maximum benefits from both policies and make a profit on their sickness or injury. To curtail this, insurers could design their policies to pay only excess benefits. However, if both insurers took that position benefit payments could be delayed while insurers determined which company should provide primary coverage.
The NAIC initially responded to the rise of issues by drafting and adopting the Coordination of Benefits (COB) Guidelines in the early 70s and current NAIC Coordination of Benefits Model Regulation was adopted in 2005 and is currently in the final stages before adoption of newly updated COB model regulation which is anticipated to be completed by the end of August 2013.
Updates to the Model Regulation include limiting financial gain by insureds, permitting coordination of individual health policies, coordination of dependent coverage to age 26, consideration of high deductible health plans and expanded definitions of “allowable expense" and “plans."
4. Detailed Statutory Authority for the Rule (Including the Statutory Citation and Language)
The statutory authority for this rule is ss.
227.11 (2) (a) and
601.41 (3), Wis. Stats., that provides for the commissioner's rule making authority in general. Also, s.
631.23, Wis. Stats., states that the Commissioner may “promulgate authorized clauses by rule based upon a finding as articulated in s.
631.23 (1) (a) to
(d), Wis. Stats. The Commissioner has found that the coordination of benefits clauses are necessary to provide certainty of meaning and orderly and timely handling of claims. Regulation of contract forms will be more effective, litigation will be substantially reduced if there is uniformity regarding coordination of benefits provisions in health insurance policies, and costs incurred by insurers should decrease when the requirements for coordination of benefits more closely aligns with the NAIC model regulation.
5. Estimates of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
200 hours and no other resources are necessary to develop the rule.
6. List with Description of all Entities that may be Impacted by the Rule
The rule applies to all insurers offering health care and disability insurance coverage including individual and group health and dental care coverage, medical benefits under automobile contracts, and Medicare and other federal governmental plans. Agents authorized to sell these types of insurance will need to be aware of the changes. Employers offering health care insurance may be impacted and benefit from updating coordination of coverage.
7. 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 Office is unaware of existing or proposed federal regulation intended to address the coordination of benefits.
8. Anticipated Economic Impact of Implementing the Rule (Note if The Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The rule is not likely to have a significant impact on small businesses but to the extent there is an impact it will likely be positive through reduction in duplication. Insurers that meet the definition of small businesses will also likely experience a decrease in costs from reduced duplication of benefits. Additionally as the rule will implement the NAIC model regulation, insurers doing business in other states will be able to reduce costs since the coordination requirements will be uniform and not uniquely required by Wisconsin.
Significant economic impact on small businesses?
yes
X no
Local/statewide economic impact (choose one)
X minimal or none (< or = $50,000)
moderate ($50,000--$20,000,000)
significant (>$20,000,000)
9. Contact Person
Julie E. Walsh, Senior Attorney
Office of the Commissioner of Insurance
Insurance
This statement of scope was approved by the governor on July 1, 2013.
Rule No.
Relating to
Navigators and nonnavigator assisters and affecting small business.
Rule Type
Both Emergency and Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
In accordance with Wis. Stat. s.
623.98, the commissioner may promulgate rules under this Wis. Stat. s.
227.24 (1) (a) and
(3), without providing evidence that promulgating a rule is necessary for the preservation of the public peace, health, safety, or welfare and without a finding of emergency. The commissioner intends to have the proposed rule published sufficiently in advance of October 1, 2013, to permit proper licensing, certification and training of navigators and nonnavigator assisters. The commissioner intends to promulgate permanent rules close in time to the emergency rules so not to create a gap in requirements.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule will implement newly amended and created state law relating to navigators and nonnavigator assisters including application counselors. The newly enacted law requires navigators to be licensed with the office and complete prelicensing and annual training as a condition of continued licensure. The proposed rule will establish criteria for licensing consistent with the law and similar to existing agent licensing requirements. Subchapter V of Wis. Stat. ch.
628 delineates requirements for navigators including; training, licensure examination and financial responsibility requirements that the commissioner will implement through the proposed rule. Additionally, the proposed rule will develop guidelines and procedures for registration and training requirements for nonnavigator assisters.
3. 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 proposed rule implements the new law for individuals and entities not previously subject to oversight by the commissioner. The role navigators and nonnavigator assisters will have with Wisconsin consumers related to the regulation of insurance arose through recent changes in federal and state law. Since the law in some respects parallels requirements for agents, the proposed rule will likely parallel, to the extent possible and appropriate, existing requirements for licensed agents under Wis. Stat. ch.
628 and ch.
Ins 6, Wis. Admin. Code.
4. Detailed Statutory Authority for the Rule (Including the Statutory Citation and Language)
The office has authority to promulgate rules interpreting chapter 628, Stats., as amended relating to the oversight and licensing of navigators and nonnavigator assisters. The commissioner has general authority to promulgate rules necessary to administer and enforce chs.
600 to
655 Stats., under Wis. Stat. ss.
227.11 (2) (a) and
601.41 (3). Further under Wis. Stat. s.
628.98, the commissioner was permitted to promulgate any rules necessary to carry out the purposes of the subch. V of Wis. Stat. ch.
628.
5. Estimates of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
200 hours and no other resources are necessary to develop the rule.
6. List with Description of all Entities that may be Impacted by the Rule
The proposed rule will likely affect individuals and organizations interested in serving the citizens of Wisconsin in obtaining insurance coverage through the federal Exchange. Nonnavigator assisters and application counselors frequently work within community outreach programs, health care facilities and public health education programs. The enacted law provides an exemption for governmental entities or persons acting on behalf of governmental entities. Existing insurance intermediaries may be affected by the proposed rule but the proposed rule anticipates paralleling requirements, so intermediaries should be minimally affected.
7. 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 law established minimum requirements and duties for navigators and nonnavigator assisters through law at
52 USC 18031 (i), as amended, and proposed regulation at 78 Fed. Reg. 66 (proposed, April 5, 2013).
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
yes
X no
local/statewide economic impact (choose one)
X minimal or none (< or = $50,000)
moderate ($50,000-$20,000,000)
significant (>$20,000,000)
9. Contact Person
Julie E. Walsh, Senior Attorney, julie.walsh@ wisconsin.gov, (608) 264-8101.
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
Driver education programs.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
Section
PI 21.05 requires the Department of Public Instruction (DPI) to issue certificates. This will soon be unnecessary since the Department of Transportation (DOT) is going to issue on-line certificates which will apply to students in school driver education programs. This rule change will not take effect until DOT begins issuing these on-line certificates.
Additionally, s.
PI 21.04 requires DPI to approve driver education course plans. However, to be more efficient, DPI is modifying the way it reviews driver education course plans. The DPI proposes modifying s.
PI 21.04 to state that a public or private high school, county children with disabilities education board, or a CESA submitting on behalf of a district that it has contracted with to provide driver education instructional services, must submit an assurance stating they are complying with the program requirements in s.
PI 21.04 in order to receive DPI approval. This assurance will substitute for DPI actively approving the program. The DPI will continue to review each program's instructors to verify that their departmental driver education certification is current and valid.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
These changes are designed to update the rule to reflect future practice. If these changes are not made, the rule may not align with agency practice.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Under s.
227.11 (2) (a) (intro), Stats., “Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation." Under s.
115.28 (11), Stats., the DPI is required to approve driver education course plans that meet certain guidelines.
115.28 General duties. The state superintendent shall:
(11) Driver education courses. Approve driver education courses offered by school districts, county children with disabilities education boards, and technical college districts for the purposes of s.
343.16 (1) (c) 1. and establish minimum standards for driver education courses offered in private schools and tribal schools for the purposes of s.
343.16 (1) (c) 3. All driver education courses approved or for which standards are established under this subsection shall do all of the following:
(a) Acquaint each student with the hazards posed by farm machinery and animals on highways and provide instruction in safely dealing with such hazards.
(b) Provide at least 30 minutes of instruction relating to organ and tissue donation and organ and tissue donation procedures.
(c) Provide at least 30 minutes of instruction on motorcycle awareness, as approved by a recognized motorcycle safety and awareness organization, and pedestrian and bicycle awareness, as approved by a recognized pedestrian and bicycle safety and awareness organization.
(d) Include instruction relating to passing stopped emergency vehicles, tow trucks, and highway machinery equipment.
(e) Acquaint each student with the hazards posed by railroad highway grade crossings and provide at least 30 minutes of instruction in safely dealing with these hazards.
(f) Acquaint each student with the hazards posed by composing or sending electronic text messages or electronic mail messages while driving and with the provisions of s.
346.89 (3).
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by DPI staff and the amount of other resources necessary are minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This may affect public or private high schools, county children with disabilities education boards, or CESAs contracted by public school districts to provide driver education instructional services, since their driver education courses are being reviewed by the DPI.
7. 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
N/A.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
9. Contact Person
Katie Schumacher, 267-9127 or katie.schumacher@ dpi.wi.gov.
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
Grants for alcohol and other drug abuse programs.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
First, the proposed rule change would realign ch.
PI 32 with the Wisconsin Statutes.
2011 Wisconsin Act 32 deleted Sections
20.255 (2) (dm) and
115.361, Stats. Thus, this rule change would eliminate the references to those statutory sections in the rule.
Second, this rule change would eliminate s.
PI 32.05, which provides a detailed description for the Alcohol and Other Drug Abuse (AODA) Program Advisory Council required under s.
115.36 (2) (e), Stats. The requirements in PI 32.05 are no longer needed because
2011 Wisconsin Act 32 deleted one of the AODA appropriations (s.
20.255 (2) (dm), Stats.), which had the majority of the AODA grant funds. Given the reduced grant appropriations, the DPI believes that the size of the AODA Council can be reduced accordingly.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Sections
20.255 (2) (dm) and
115.361, Stats., provided the appropriation and legal authority for an AODA prevention and intervention program.
Section
PI 32.05 provides for an 18 member AODA Program Advisory Council and restrictions on the number of terms a member can serve on the Council. Given the reduced grant appropriations, the DPI believes that the size of the AODA Council can be reduced accordingly.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
115.36 Assistance to schools for alcohol and other drug abuse programs.
(3) (a) The department shall, from the appropriation under s.
20.255 (2) (kd), fund school district projects designed to assist minors experiencing problems resulting from the use of alcohol or other drugs or to prevent alcohol or other drug abuse by minors. The department shall:
1. Administer grant application and disbursement of funds.
2. Monitor program implementation.
3. Assist in and ensure evaluation of projects.
4. Report biennially in its report under s.
15.04 (1) (d) on program progress and project evaluation.
5. Promulgate necessary rules for the implementation of this subsection.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary are minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This will affect local educational agency staff and professionals in the AODA field and related interest groups.
7. 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
N/A.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
9. Contact Person
Katie Schumacher, 267-9127 or katie.schumacher@ dpi.wi.gov.
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
Grants for nursing services.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
This rule change will eliminate ch.
PI 33, the rule chapter for the Grants for Nursing Services.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2011 Wisconsin Act 32 eliminated the Grants for Nursing Services under ss.
115.28 (47) and
20.255 (2) (dL), Stats. Since there is no longer any statutory or funding authority for the program, the rules are no longer necessary. Thus, this rule change will eliminate ch.
PI 33.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary are minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rule change should not affect any entity since the statutory authority for this program has already been rescinded.
7. 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
N/A.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
9. Contact Person
Katie Schumacher, 267-9127 or katie.schumacher@ dpi.wi.gov.
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
Full-time Open Enrollment Program.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The Full-Time Open Enrollment Program was created by
1997 Wisconsin Act 27. Since then, the statute has been amended or affected by ten legislative enactments including: changes to 4-year-old kindergarten eligibility for open enrollment; limiting the number of districts a pupil can apply to; waiting lists; preferences and guarantees for certain students; transportation for open enrolled students; open enrollment to virtual charter schools; and habitual truancy. The program has been affected by one federal court decision, two state appeals court decisions and a number of circuit court decisions. Nearly 3000 appeals have been filed with the Department.
The most recent change to full-time open enrollment occurred with
2011 Wisconsin Act 114, which changed the timing of the application process under the Open Enrollment Program and permitted certain pupils to submit open enrollment applications outside the regular application period, thus changing the nature of the Open Enrollment Program from a once-a-year time-limited application period to a year-round opportunity to apply. Specifically,
2011 Wisconsin Act 114 changes s.
118.51, Stats., by requiring pupils to submit an enrollment application no later than the last weekday in April, rather than no later than the 3
rd Friday following the first Monday in February. As a result of this change, subsequent deadlines are adjusted accordingly.
2011 Act 114 also changes s.
118.51, Stats., by allowing alternative open enrollment procedures under certain circumstances.
The rules have only been amended three times since they were first promulgated in July 1998 including: addressing the number of districts a pupil may apply to, and establishing wait lists, and modifying the method of serving notices of denial. The rule amendments do not incorporate all of the statutory changes that have occurred.
The objective of the proposed rule-making is to update the full-time enrollment portion of ch.
PI 36 to address the many statutory changes made over the years and to address issues that have arisen over the past 14 years. Finally, this rule change will also include any changes to the Full-Time Open Enrollment Program stemming from the passage of the 2013-15 biennial budget.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Chapter
PI 36 currently addresses full-time open enrollment in the context of parent and pupil responsibilities, nonresident school board responsibilities, and resident school board responsibilities. Currently, these areas reflect the law as it existed prior to the enactment of
2011 Wisconsin Act 114, as well a number of other acts and court decisions. The DPI is proposing to update the full-time open enrollment portion of ch.
PI 36 so that it reflects the current state of the law. The alternative to not promulgating this rule is to have an administrative rules chapter that is outdated.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Under s.
227.11 (2) (a) (intro), Stats., “Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation." Under s.
118.51, Stats., the DPI requires rules to effectively implement the Full-Time Open Enrollment Program.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
No additional resources are needed to develop the rule. Language will be drafted by existing staff and is estimated that drafting can be completed in 2-4 weeks.
6. List with Description of all Entities that may be Affected by the Proposed Rule
School districts, parents, and pupils will be affected by this rule.
7. 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
N/A.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
9. Contact Person
Katie Schumacher, 267-9127 or katie.schumacher@ dpi.wi.gov.
Safety and Professional Services —
Controlled Substances Board
This statement of scope was approved by the governor on May 17, 2013.
Rule No.
Relating to
Granting a limited special use authorization permit.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to provide for the Controlled Substance Board to grant a limited special use authorization (SUA).
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Section
961.335, Stats., provides that the controlled substances board may issue a permit authorizing a person to manufacture, obtain, possess, use, administer, or dispense a controlled substance for purposes of scientific research, instructional activities, chemical analysis, or other special uses, without restriction because of enumeration. Chapter
CSB 3 indicates that the SUA designates the controlled substance(s), amount, and project or use.
The policy to address is to allow the controlled substances board to grant a SUA with limitations rather than outright deny a SUA in specific circumstances. The circumstances may include the following:
• A person having violated the terms of a previous SUA could still obtain a SUA with terms and conditions to address past problems.
• A person that has impairment issues could still obtain a SUA with terms and conditions to address monitoring to ensure no diversion is taking place.
• Limitations placed by the federal government on their Drug Enforcement Administration registration being mirrored by limitations on the SUA.
The alternative to the proposed rule is for the controlled substances board to outright deny an applicant an SUA instead of granting a SUA.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
961.335 (8), Stats.
The controlled substances board may promulgate rules relating to the granting of special use permits including, but not limited to, requirements for the keeping and disclosure of records other than those that may be withheld under sub. (7) submissions of protocols, filing of applications and suspension or revocation of permits.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
75 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
Applicants for special use authorization permits.
7. 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
Federal regulations requires any person who possess, manufactures, distributes or dispenses any controlled substances to register with the US Department of Justice, Drug Enforcement Administration, Office of Diversion Control. The proposed rule would allow the controlled substances board to mirror any limitations placed by the federal government on a person's DEA registration.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None to minimal economic impact.
9. Contact Person
Sharon Henes, (608) 261-2377.
Safety and Professional Services —
Controlled Substances Board
This statement of scope was approved by the governor on May 17, 2013.
Rule No.
Relating to
Denial of special use authorization permit.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule will identify the basis on which a person may be denied a special use authorization permit (SUA).
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Section
961.335, Stats., provides that the controlled substances board may issue a permit authorizing a person to manufacture, obtain, possess, use, administer, or dispense a controlled substance for purposes of scientific research, instructional activities, chemical analysis, or other special uses, without restriction because of enumeration. While Administrative Code ch.
CSB 3 indicates the requirements for submitting an application for the special use authorization permit, the rule does not provide for the basis for which the controlled substances board may exercise its discretion and deny a person a special use authorization permit. The proposed rule will identify the basis on which a person may be denied a special use authorization permit.
The alternative to the rule is for the controlled substances board to deny an applicant on a basis for which the person was not given notice a denial could be the result or for the controlled substances board to appear arbitrary in its denials of applications.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
961.335 (8), Stats.
The controlled substances board may promulgate rules relating to the granting of special use permits including, but not limited to, requirements for the keeping and disclosure of records other than those that may be withheld under sub. (7) submissions of protocols, filing of applications and suspension or revocation of permits.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
75 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Applicants for special use authorization permits.
7. 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
Federal regulations requires any person who possess, manufactures, distributes or dispenses any controlled substances to register with the US Department of Justice, Drug Enforcement Administration, Office of Diversion Control. The proposed rule would consider the criteria used by the federal government in granting/denying a DEA registration in that once the special use authorization permit is granted, the person would also need DEA registration.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None to minimal economic impact
9. Contact Person
Sharon Henes, (608) 261-2377.
Safety and Professional Services —
Dentistry Examining Board
This statement of Scope was approved by the governor on June 19, 2013.
Rule No.
Relating to
Training unlicensed persons.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
Chapter
DE 12, delegation of functions to unlicensed persons, has not been revised since 1991. The Dentistry Examining Board requests to repeal the requirements for the submittal of a form to verify a dentist's training and delegation of any dental procedure to an unlicensed person. In practice this process has not been followed and no form was approved by the board for such reporting or verification. Sections
447.065 and
447.06, Stats., provide authority to delegate procedures to unlicensed persons; this section does not mandate the maintenance of verifiable records or the use of a board-approved form to verify such delegation; in addition, the dentist delegating such functions is responsible for the unlicensed person's performance. Other minor corrections to this chapter, such as formatting and correcting typographical errors, may be included in this proposed rule revision.
3. 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 deletion of this procedure will represent current practice, makes the rule consistent with statutory authority and no new policy is being established.
Leaving the existing rule language in s.
DE 12.02 would not represent current practice and may burden the Dentistry Examining Board with the possible need to review such documentation, if and when submitted.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats., requires all examining boards to “
…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
227.11 (2) (a), Stats., authorizes all agencies to promulgate rules interpreting the statutes it enforces or administers, when deemed necessary to effectuate the purpose of such statutes.
Section
447.065(1), Stats., authorizes a dentist who is licensed to practice
dentistry under this chapter to delegate to an individual who is not licensed under this chapter only the performance of remediable procedures, and only if specific conditions are met.
Section
447.065 (3), Stats., authorizes a dentist who delegates to another individual the performance of any practice or remediable procedure be responsible for that individual's performance of that such practice or procedure.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates that approximately 60 hours will be needed to perform the review and develop any needed rule changes. This time includes meeting with the Dentistry Examining Board, drafting the rule changes and processing the changes through public hearing, legislative review, and adoption. The department will assign existing staff to perform the review and develop the rule changes; no other resources will be needed.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Licensees and the Dentistry Examining Board.
7. 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-based search of the U.S. Code and Federal Register did not reveal any laws or proposals related to the training of unlicensed persons by dentists or verification forms of such training.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is likely to Have a Significant Economic Impact on Small Businesses)
The Department believes that proposed revisions under chapter DE 12 will have no economic impact on small business.
9. Contact Person
Jean MacCubbin, (608) 266-0955.
Safety and Professional Services —
Pharmacy Examining Board
This statement of Scope was approved by the governor on June 19, 2013.
Rule No.
Relating to
Pharmacy practice.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
To amend ch.
Phar 7 to reflect the current practice of pharmacy.
3. 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 Pharmacy Examining Board intends to modernize ch.
Phar 7 to bring it in line with current pharmacy standards and practice. The Board will evaluate reducing the regulatory impact on pharmacies without negatively impacting public safety. In addition, the proposed changes would also reduce the necessity for pharmacies to request variances to the rules.
4. 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
450.02 (2), Stats. The board shall adopt rules defining the active practice of pharmacy.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
125 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Pharmacists, pharmacies, manufacturers, distributors, and consumers.
7. 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
The practice of pharmacy is not regulated by the federal government. The federal government does regulate controlled substances which may be addressed by the proposed rule.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Minimal.
9. Contact Person
Sharon Henes, (608) 261-2377.
