Safety and Professional Services
Professional Services, Chs.
1—299
This statement of scope was approved by the governor on March 20, 2014.
Rule No.
Relating to
Credentialing requirements and procedures for private detective agencies, private detectives, and private security professionals.
Rule Type
Permanent.
1. Finding/Nature of Emergency (for Emergency Rules Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective of this rulemaking project is to clarify existing rules for private detectives, private detective agencies, and private security professionals and to streamline the Department's licensure processes outlined in chs.
SPS 30 to
35. The processes to be evaluated include licensure and permit approvals, fee collection, records maintenance and retention, renewals, temporary permits, and the application of penalties for noncompliance with the code. The Department seeks to increase the efficiency of its licensing processes and ease the administrative burdens on private detectives. These goals are substantially in accordance with Governor Walker's Executive Order No. 61 which directs the Department to analyze its rules to increase efficiency and decrease costs to small businesses.
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
Chapters
SPS 30 to
35 establish licensure and credentialing requirements for private detectives, private detective agencies, and private security personnel. The existing policies set standards for obtaining licenses and permits via submissions to the Department and a third party vendor. Certain records are held and maintained by the Department while others are verified by the third party vendor. Potential rule changes would simplify the form and content of submissions and standardize document maintenance and retention policies. All policies will be examined for opportunities to increase efficiency and decrease costs to small businesses pursuant to Executive Order No. 61. Not conducting this review may result in unnecessary costs and delays.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Generally, Wis. Stat. s.
227.11 (2) (a) empowers the Department of Safety and Professional Services to promulgate rules interpreting the provision of any statute the Department enforces or administers. The Department has specific authority to prescribe requirements for the licenses and permits of private detectives, private detective agencies, and private security personnel pursuant to Wis. Stat. s.
440.26.
The Department has the following duties and powers:
Wis. Stat. s. 440.26 (1) (b) The department may promulgate rules specifying activities in which a person may engage without obtaining a license or permit under this section.
1. Subject to subds. 2. and 3., the department shall prescribe, by rule, such qualifications as it deems appropriate, with due regard to investigative experience, special professional education and training and other factors bearing on professional competence.
2. An individual who has been convicted in this state or elsewhere of a felony and who has not been pardoned for that felony is not eligible for a license under this section.
3. The department may not issue a license under this section to an individual unless the individual is over 18 years of age.
4. The department, in considering applicants for license, shall seek the advice of the appropriate local law enforcement agency or governmental official, and conduct such further investigation, as it deems proper to determine the competence of the applicant.
5. The department may, based on rules adopted by the department, refuse to issue a license under this section to an individual who has committed any of the acts described in sub. (6) (a) 1. to 5.
Wis. Stat. s. 440.26 (3m) Rules concerning dangerous weapons. The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section or who is employed by a person licensed under this section. The rules shall meet the minimum requirements specified in
15 USC 5902 (b) and shall allow all of the following:
(a) A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed firearm if s.
941.23 (1) (g) 2. to
5. and
(2) (b) 1. to
3. applies.
Wis. Stat. s. 440.26 (6) (a) Subject to the rules adopted under s.
440.03 (1), the department may reprimand the holder of a license or permit issued under this section or revoke, suspend or limit the license or permit of any person who has done any of the following:
1. Been convicted of a misdemeanor or found to have violated any state or local law that is punishable by a forfeiture, subject to ss.
111.321,
111.322 and
111.335.
2. Engaged in conduct reflecting adversely on his or her professional qualification.
3. Made a false statement in connection with any application for a license or permit under this section.
4. Violated this section or any rule promulgated or order issued under this section.
5. Failed to maintain a bond or liability policy as required under sub. (4).
Wis. Stat. s. 440.26 (6) (b) Subject to the rules promulgated under s.
440.03 (1), the department shall revoke the license or permit of any person who has been convicted of a felony in this state or elsewhere and who has not been pardoned for that felony.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule And of Other Resources Necessary to Develop the Rule
The staff time needed to revise the rules is expected to be approximately 80 hours. This time includes research, consulting, drafting the rule revisions, consulting with stakeholders and potentially an advisory committee, processing the rule revisions through public hearings, legislative review, and adoption. There are no other resources necessary to revise the rules.
6. List with Description all Entities that may be Affected by the Proposed Rule
This rulemaking project may affect private detectives, private investigative agencies, and private security personnel.
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 Code of Federal Regulations (CFR) and the Federal Register did not reveal any federal regulations pertaining to the licensure of private detectives, private investigative agencies, or private security personnel. Similarly, no federal regulations regulate permits provided to private detectives, private investigative agencies, or private security personnel.
8. Anticipated Economic Impact of Implementing the Rule
The Department believes that the proposed changes will have no adverse economic impact. The changes under consideration are intended to alleviate unnecessary economic burdens on private investigators and their employers. The revisions are also anticipated to decrease the Department's cost of administering Wis. Stat. s.
440.26.
Contact Person
Safety and Professional Services —
Dentistry Examining Board
This statement of scope was approved by the governor on March 19, 2014.
Rule No.
Relating to
Administration of nitrous oxide and the practice of dental hygiene.
Rule Type
Permanent.
1. Finding/Nature of Emergency (for Emergency Rules Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The primary intent of this proposed rule is to respond to recent legislation and incorporate such provisions that allow the administration of nitrous oxide inhalation analgesia by licensed dental hygienists. Currently, the Dentistry Examining Board certifies qualified dental hygienists to administer anesthesia, which does not include nitrous oxide inhalation analgesia (nitrous oxide). Licensed dentists, having met the training requirements may administer nitrous oxide and with supervision, hygienists may monitor patients. The practice of hygiene will be reviewed and revisions proposed to reflect current practice and use of technology within the practice of dentistry and dental hygiene.
Typographical errors, formatting, and other corrections and cross-references will be made, as some these chapters have not been revised since the 1990's. Where applicable, notes will be updated to reflect current information.
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, a dental assistant and dental hygienist may assist the dentist in the monitoring of the patient's condition while undergoing nitrous oxide treatment, [s.
DE 12.01 (2)]. A dental hygienist may not administer or adjust the concentration of nitrous oxide as s.
DE 3.03 (1) prohibits a dental assistant or dental hygienist from administering or prescribing nitrous oxide. In addition, a licensee is not required to apply for a permit for administering sedation separate from an application for a professional license. A Class I sedation permit is not required before the administration of nitrous oxide inhalation analgesia. Under s.
DE 11.03 (2), a dentist utilizing nitrous oxide inhalation shall be trained and certified in administering basic life support. This certification is renewed in compliance with the standards set forth by the American Heart Association, the American Red Cross, or other organizations approved by the board (or DHS). In the current rules, an Application for Dental Hygiene Certificate to Administer Local Anesthesia is required. There are no proposed changes in the type or level of training for a dental hygienist applying for a sedation permit to administer nitrous oxide inhalation analgesia.
Nitrous oxide inhalation analgesia is just one option available for sedation in the practice or dentistry. Research has shown that this class of sedation is used for not only pain control, but also as a sedation that is highly effective in the management of mild to moderate levels of dental anxiety. Nitrous oxide inhalation analgesia is also used in routine procedures undertaken by hygienists such as planing and scaling. It is also administered to patients of all ages having advanced periodontal disease due to dental anxiety or lack of dental care. Nitrous oxide inhalation analgesia has been highly effective in allowing on-going audible and verbal communication between the patient and health-care provider during examination and dental procedures.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
447.02 (1) reads: “447.02 Dentistry examining board. (1) The examining board may promulgate rules:
(a) Governing the reexamination of an applicant who fails an examination specified in s.
447.04 (1) (a) 5. or
(2) (a) 5. The rules may specify additional educational requirements for those applicants and may specify the number of times an applicant may be examined.
(b) Governing the standards and conditions for the use of radiation and ionizing equipment in the practice of dentistry.
(c) Subject to ch.
553 and s.
447.06 (1), governing dental franchising.
(d) Specifying practices, in addition to the practices specified under s.
447.01 (3) (a) to
(f), that are included within the practice of dental hygiene.
(e) Providing for the granting of temporary licenses under this chapter."
Section
447.02 (2) (b) and
(e) reads: “447.02 (2) The examining board shall promulgate rules specifying all of the following:
(b) The standards, conditions and any educational requirements that are in addition to the requirements specified in s.
447.04 (1) that must be met by a dentist to be permitted to induce general anesthesia or conscious sedation in connection with the practice of dentistry.
(e) The educational requirements for administration of local anesthesia by a dental hygienist licensed under this chapter under s.
447.06 (2) (e) 2."
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to develop the rules is expected to be about 160 hours, depending on the complexity. This includes coordinating the rule-making process with the Board, research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. The agency will utilize existing staff. There are no other resources necessary to develop the rules.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Licensed dental hygienists and dentists.
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 known exiting or proposed federal regulations addressing the administration of nitrous oxide inhalation analgesia by licensed dental hygienists. With regard to the definition of “dentistry" or limitations on dental specialties, no exiting or proposed federal regulations were found.
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 rule is not expected to have a significant adverse economic impact on small business, as defined in s.
227.114 (1), Stats.
Contact Person
Jean MacCubbin, (608) 266-0955.
Safety and Professional Services —
Board of Nursing
This statement of scope was approved by the governor on March 19, 2014, for publication.
Rule No.
