Scope Statements
Insurance
This statement of scope was approved by the Governor on November 21, 2013.
Rule No.
Section
Ins 17.50, Wis. Admin. Code (revise).
Relating to
Self-insured plans covering health care providers subject to Wis. Stat. Chapter
655 and affecting small business.
Rule Type
Permanent.
1. Finding/Nature of Emergency
N/A
2. Detailed Description of the Objective of the Rule
To update existing financial requirements for self-insured plans for health care providers which have not been revised since creation in 1989. The proposed rule will incorporate the new statutorily created self-insurance plan, define “affiliated health care providers," and any other undefined terms. Additionally, the proposed rule will create filing, financial solvency, and regulatory oversight requirements for self-insurance plans providing coverage for all affiliated health care providers under a controlling legal entity.
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 Wisconsin injured patients and families compensation fund (“fund"), permits health care providers subject to Wis. Stat. s.
655.23 (3), to either “insure and keep insured the health care provider's liability by a policy of health care liability insurance issued by an insurer authorized to do business in this state or qualify as a self-insurer." Section
Ins 17.50, Wis. Admin. Code, implements this section and establishes requirements to qualify as a self-insurer. Following passage of the new definition of self-insurance plan in
2013 Wis. Act 20, the existing rule must be expanded to include a self-insurance plan that self-insures health care providers subject to Wis. Stat. Ch.
655 against medical malpractice claims, including affiliated health care providers. In the Governor's veto message, the commissioner was directed to promulgate rules defining affiliated health care providers consistent with of the motion introducing the definition of self-insurance plan.
4. Detailed Statutory Authority for the rule (Including the Statutory Citation and Language)
The fund was established by and is operated as provided in Wis. Stat. Ch.
655. Wisconsin statute s.
655.004 permits the commissioner, director of state courts, and department of health services to promulgate rules as are necessary to enable them to perform their responsibilities under Wis. Stat. Ch.
655. Pursuant to Wis. Stat. s.
655.23 (3) (a), the commissioner may establish conditions for qualification as a self-insurer. Finally, Wis. Stat. s.
601.41 (3), provides that the Commissioner shall have rule-making authority under Wis. Stat. s.
227.11 (2).
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 of time including the time of state employees and members of the fund board of governors.
6. List with description of all entities that may be impacted by the rule
All health care providers that are participants in the fund as set forth in Wis. Stat. s.
655.002 (1) are able to exercise the option be fully insured by an authorized and licensed insurer or self-insure. The rule will affect only those health care providers that choose to self-insure.
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
There is no existing or proposed federal regulation addressing any medical malpractice fund like the Wisconsin fund.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
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)
Contact Person
Julie E. Walsh, Senior Attorney, (608) 264-8101.
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # FH-34-13)
This statement of scope was approved by the Governor on November 21, 2013.
Rule No.
Relating to
Fishing regulations related to trolling on inland waters of Wisconsin.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
The rule will be proposed as a permanent rule.
2. Detailed Description of the Objective of the Proposed Rule
This rule is being pursued in order to allow some form of trolling on all inland waters in Wisconsin, which would simplify current regulations and reduce confusion between trolling and position fishing.
Trolling means fishing by trailing any lure, bait, or similar device that may be used to attract or catch fish from a boat propelled by a means other than drifting or rowing. Drifting or “row trolling" is allowed in all waters statewide. Position fishing means fishing from a boat in a manner where the fishing line extends vertically into the water while the boat is maneuvered by the use of a motor. Position fishing could be a musky angler fishing with a sucker as bait while maneuvering the boat, but the fishing line would have to remain vertical. If it is trailed out behind the boat or fished under a bobber, then a significant part of the fishing line is no longer vertical in the water and the person is then motor trolling, which is prohibited on many waters. Many anglers want the option to trail a fishing line behind their boat while maneuvering the boat and not need to worry whether the line is staying completely vertical in the water. Allowing trolling in all inland waters may remove the need to define position fishing and allow anglers to trail bait behind their boats as well as do other forms of trolling, such as using planar boards that extend fishing lines far from the boat while motoring through the water.
Additional rule changes may be pursued which are reasonably related to those discussed in this scope statement.
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
Trolling is currently allowed for certain disabled anglers by special permit and on all waters in 18 counties; on one or more waters in 45 counties (105 total waters); and on all boundary waters with IA, MN, and MI, except in Vilas County boundary waters with MI. Motor trolling is also allowed in all surrounding states and provinces, with no known adverse biological effects.
• In a 1993 study, the Department compared catch rates and sizes of fish caught from creel surveys conducted from 1980-90 and found no significant differences for walleyes, northern pike, or muskellunge. The same study also found that these species were no more vulnerable to trolling than still fishing in small lakes (<500 acres) versus larger lakes.
• More recently, the Department compared catch and harvest statistics for muskellunge in 189 creel surveys conducted from 1998-2011 and found no significant differences in lakes where trolling was allowed and where it was prohibited. The Department has analyzed available biological information and found no evidence of biological impacts caused by trolling.
• While transient boating in general has been shown to be associated with the spread of aquatic invasive species, there is no evidence that Eurasian Water Milfoil is more common in lakes currently open to trolling versus those closed to trolling.
• Trolling is currently allowed on lakes of all sizes without significant user conflicts. A 2010-11 statewide mail survey of musky anglers found that conflicts with speed boats, jet skis, and other non-angling users, was the 4th highest ranking problem in musky fishing, compared to conflicts with other anglers which ranked only 16th out of 18 identified problems.
Allowing trolling statewide would:
1) simplify regulations by eliminating confusion about where trolling is or is not allowed;
2) allow moving boats to trail behind suckers or other minnows while occupants are casting on all waters;
3) eliminate the need for disabled anglers to have to apply for trolling permits; and
4) provide additional fishing opportunities for anglers who may have difficulty fishing by other methods.
Current map of trolling regulations:
A 2013 rule (FH-18-12) proposed by the Department originally included a trolling proposal that would have allowed trolling on all inland waters statewide with up to three hooks, baits, or lures per angler. After public hearings in each county and discussions with Wisconsin Conservation Congress delegates, the rule was modified to allow trolling on all inland waters statewide with one hook, bait, or lure per angler. In addition, trolling would have been allowed with up to three hooks, baits, or lures in most counties of the State and some individual waters. However, after submitting the rule to the Governor's Office of Regulatory Compliance, it requested that the department remove all trolling elements from the rule and obtain additional public input on a trolling proposal.
Proposal removed from previous rule:
This rule process will present the combined one- and three-hooks, baits, or lures per angler trolling option, as well as discuss alternative options that would help further simplify the trolling regulations.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
29.014(1), Stats., directs the department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 250 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule will primarily affect sport anglers. As with any change in regulations, there will be a requirement for anglers to learn the new rules. The Fisheries Management Bureau works to notify the public of new regulations via press releases, the internet, and fishing regulations pamphlets.
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
Authority to promulgate fishing regulations is granted to states. No changes would violate or conflict with federal regulations.
8. Anticipated Economic Impact of Implementing the Rule (Note if The Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Minimal to no economic impact. (Level 3)
It is not expected that there will be any economic impact directly related to these rule changes. The proposed rule will primarily affect sport anglers. Regulations are already in place and this rule is intended to continue protection and enhancement of the State's fish resources.
The Department will conduct an economic impact analysis to determine if any individuals, businesses, local governments, or other entities expect to be adversely affected economically. The proposed rule would not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule.
9. Anticipated Number, Month and Locations of Public Hearings
The Department anticipates utilizing the Fish and Wildlife Spring Hearings held in each county of the State in April 2014 to officially gather public input on the rule.
Contact Person
Kate Strom Hiorns, 608-266-0828.
Safety and Professional Services —
Medical Examining Board
This statement of scope was approved by the Governor on November 15, 2013.
Rule No.
Relating to
Continuing education audits.
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 this proposed rule is to empower the Medical Examining Board (Board) with the ability to conduct continuing education audits of its licensees every two years.
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
Currently, the Medical Examining Board may conduct an audit of continuing education at any time. However, there is no requirement as to when an audit must take place. The proposed rule would insure that an audit of continuing education credits would be conducted every two years. The audit would verify whether licensees had completed the 30 hours of required continuing education during the 2 calendar years preceding the calendar year for which application for registration was made. The proposed rule may include other amendments as necessary based on changes to s.
Med 13.06.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2), Stats., discusses the parameters of an agency's rule-making authority stating an agency, “may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if it exceeds the bounds of correct interpretation." Section
227.01 (1), Stats., defines agency as a board. The Medical Examining Board falls within this definition. Therefore, the Board may promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rule does not exceed proper interpretation of the statute.
Section
448.13 (1m), Stats provides that, “[t]he board shall, on a random basis, verify the accuracy of proof submitted by physicians under sub. (1) (a) and may, at any time during the 2 calendar years specified in sub. (1) (a), require a physician to submit proof of any continuing education, professional development, and maintenance of certification or performance improvement or continuing medical education programs or course of study that he or she has attended and completed at that time during the 2 calendar years." This statute dictates that the accuracy of evidence of continuing education must be verified. Therefore, the Board is authorized to promulgate rules that will carry out the purpose of this statute.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
State employees will spend approximately 50 hours developing the proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Wisconsin licensed physicians will be affected by this proposed 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
There are no comparable existing or proposed federal regulations dealing with this issue.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
This rule is not likely to have a significant economic impact on small businesses.
Contact Person
Shawn Leatherwood 608-261-4438.
Safety and Professional Services —
Podiatry Affiliated Credentialing Board
This statement of scope was approved by the Governor on November 15, 2013.
Rule No.
Relating to
Continuing education audits.
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 this proposed rule is to empower the Podiatry Affiliated Credentialing Board (Board) with the ability to conduct continuing education (CE) audits of its licensees on a biennial basis.
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
Pursuant to s.
Pod 3.04, the Board may require a podiatrist, “to submit evidence to the board of his or her compliance with continuing education requirements during the preceding biennium". However, the administrative rules do not identify when an audit should take place or how long a podiatrist should maintain evidence of compliance. The proposed rule seeks to address these two issues by specifying the time period for continuing education audits and by specifying the time period for maintaining documentary evidence of CE compliance.
Wis. Stats. s.
448.665, states that, “the rules shall require a licensee to complete at least 30 hours of continuing education programs or courses of study within each 2-year period immediately preceding the renewal date specified in s.
440.08 (2) (a)". That renewal date is November 1
st of each even numbered year. The proposed rule would change the language in s.
Pod 3.01 to reflect the statutory language. Lastly, s.
Pod 3.04 would be amended to require licensees to maintain evidence of CE compliance on a biennial basis.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2), Stats., discusses the parameters of an agency's rule-making authority stating an agency, “may promulgate rules interpreting the provisions of nay statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of any statute, but a rule is not valid if it exceeds the bounds of correct interpretation." Section
227.01 (1), Stats., defines agency as a board. The Podiatry Affiliated Credentialing Board falls within that definition. Therefore, the Board may promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rule does not exceed proper interpretation of the statute.
Section
448.665, Stats., provides that, “[t]he affiliated credentialing board shall promulgate rules establishing requirements and procedures for licensees to complete continuing education programs or courses of study in order to qualify for renewal of a license granted under this subchapter." This provision empowers the Board to promulgate rules setting forth the process of conducting credential renewal after meeting continuing education requirements.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
State employees will spend approximately 50 hours developing the proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Wisconsin licensed podiatrist will be affected by this proposed 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
There is no comparable existing or proposed federal regulations dealing with this issue.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
This rule is not likely to have a significant economic impact on small businesses.
Contact Person
Shawn Leatherwood 608-261-4438.
