Scope Statements
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on May 14, 2014.
Rule No.
Relating to
Direct marketing (subchapter v: telephone solicitations; no-call list).
Rule Type
Permanent.
1. Description of the Objective of the Rule
This proposed permanent rule will modify current direct marketing rules related to telephone solicitations and Wisconsin's no-call list. The proposed permanent rule will establish registration requirements for telephone solicitors as required under
2013 Act 234 and make any other needed updates to the rule.
2. 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
History and background. The no-call regulation is widely considered to be one of the state's most popular laws. While the statute was enacted in 2001, the rule took effect at the end of 2002. The law allows residents to register home and mobile phone numbers every two years on the Wisconsin no-call list, requires telephone solicitors to register with the state to obtain the list, and prohibits calls from most telemarketers to numbers on that list. DATCP enforces violations of the law. The Federal Trade Commission (FTC) also has a federal do-not-call registry; residents can register their numbers on that list permanently. Telephone solicitors must register with the FTC to receive the list and are prohibited from calling numbers on the list. The FTC and DATCP can enforce violations of the federal do–not-call registry.
2013 Act 234 eliminates the separate Wisconsin do-not-call list as of August 1, 2014. Wisconsin residents will now only sign up on the FTC list and all phone numbers on the existing Wisconsin do-not-call list will be transferred to that list. Under the new state law, telephone solicitors must register with the FTC and obtain and follow the Wisconsin portion of the federal do-not-call list. Solicitors also must continue to register with DATCP, but now will be required to provide proof of registration with the FTC. DATCP will continue to administer and enforce the law.
Proposed policies. Under the proposed permanent rule DATCP will modify Subchapter V of ATCP 127, Wis. Admin. Code to implement
2013 Act 234. The rule will establish registration requirements for telephone solicitors, eliminate portions of the rule made obsolete by the statute change, and make other updates needed to the rule.
Policy Alternative. Do nothing. This option is not feasible because the department is required by statute to adopt registration requirements for telephone solicitors that provide proof that telephone solicitors have obtained and are using the Wisconsin portion of the federal do-not-call registry.
3. Statutory Authority for the Rule (Including the Statutory Citation and Language)
93.07 Department duties. It shall be the duty of the department:
(1) REGULATIONS. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
100.20 Methods of competition and trade practices
(2) (a) The department, after public hearing, may issue general orders forbidding methods of competition in business or trade practices in business which are determined by the department to be unfair. The department, after public hearing, may issue general orders prescribing methods of competition in business or trade practices in business which are determined by the department to be fair.
100.52 (3) Registration of telephone solicitors.
The department shall promulgate rules that require any telephone solicitor who requires an employee or contractor to make a telephone solicitation to a residential customer in this state to register with the department, obtain a registration number from the department, and pay an initial registration fee and an annual registration renewal fee to the department. The amount that an individual telephone solicitor is required to pay shall be based on the number of telephone lines used by the telephone solicitor to make telephone solicitations or some other methodology established by the department by rule. The rules shall also require a telephone solicitor that registers with the department to at the time of initial registration, the time of annual renewal, and any other time upon request of the department, provide the department with proof that the telephone solicitor has complied with federal law in obtaining copies and updated versions of the state do-not-call registry. The amount of the fees shall be based on the amount required to administer and enforce this section and to provide the amounts appropriated under s.
20.115 (1) (im).
4. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 0.25 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
5. Description of all Entities that may be Impacted by the Rule
Telephone solicitors will be impacted by the proposed permanent rule. Telephone solicitors are required to be registered by both DATCP and the FTC. The proposed rule will include telemarketing registration requirements that include proof of registration with the FTC and other updates.
The proposed permanent rule will also impact Wisconsin residents who are currently registered on the Wisconsin or FTC no-call list or wish to be. This rule will help ensure telemarketers are properly registered with the FTC and that DATCP is able to enforce the law effectively and efficiently.
6. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
At the national level, the FTC administers a do-not-call registry. As a result of
2013 Act 234, Wisconsin residents will now permanently sign up on the FTC list and telephone solicitors will be required to use the Wisconsin portion of the FTC registry rather than a separate DATCP-generated list. Telephone solicitors also must register with DATCP and will have to provide proof of their federal registration number as part of state registration. The FTC do-not-call registry is used by all surrounding states.
7. Anticipated Economic Impact
The proposed permanent rule will have minimal economic impact.
Contact Person
Jennifer Heaton-Amrhein, Program and Policy Analyst, DATCP; Phone (608) 224-5164.
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on May 14, 2014.
Rule No.
Relating to
Direct marketing (subchapter v: telephone solicitations; no-call list).
Rule Type
Emergency.
1. Description of the Objective of the Rule
This emergency rule will modify current direct marketing rules related to telephone solicitations and Wisconsin's no-call list. The emergency rule will implement
2013 Act 234, which revised s.
100.52, Wis. Stats., and requires DATCP to establish registration requirements for telephone solicitors, including requirements for proof of registration with the Federal Trade Commission (FTC).
2. 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
History and background. The no-call regulation is widely considered to be one of the state's most popular laws. While the statute was enacted in 2001, the rule took effect at the end of 2002. The law allows residents to register home and mobile phone numbers every two years on the Wisconsin no-call list, requires telephone solicitors to register with the state to obtain the list, and prohibits calls from most telemarketers to numbers on that list. DATCP enforces violations of the law. The Federal Trade Commission (FTC) also has a federal do-not-call registry; residents can register their numbers on that list permanently. Telephone solicitors must register with the FTC to receive the list and are prohibited from calling numbers on the list. The FTC and DATCP can enforce violations of the federal do–not-call registry.
2013 Act 234 eliminates the separate Wisconsin do-not-call list as of August 1, 2014. Wisconsin residents will now only sign up on the FTC list. All phone numbers on the existing Wisconsin do-not-call list will be transferred to the FTC list. Under the new state law, telephone solicitors must register with the FTC and obtain and follow the Wisconsin portion of the federal do-not-call list. Solicitors must continue to register with DATCP. As part of that registration, they must provide proof of registration with the FTC. DATCP will continue to administer and enforce the law.
Nature of the Emergency. An emergency rule is necessary because the statute requires the department to create registration requirements that include proof that telephone solicitors are registered with the FTC and are obtaining the Wisconsin portion of the national do-no-call registry. The statute takes effect August 1, 2014, so the requirements must be adopted into rule by then and there is not time to complete the permanent rulemaking process by that date.
Proposed policies. Under the emergency rule, DATCP will modify Subchapter V of ATCP 127, Wis. Admin. Code, to establish registration requirements for telephone solicitors, including what information telemarketers must provide to prove they are obtaining and using the Wisconsin portion of the federal do-not-call registry, as required by
2013 Act 234.
Policy Alternative. Do nothing. This option is not feasible because the new law is effective August 1, 2014 and the department is required by statute to adopt registration requirements for telephone solicitors that provide proof that telephone solicitors have obtained and are using the Wisconsin portion of the federal do-not-call registry.
3. Statutory Authority for the Rule (Including the Statutory Citation and Language)
93.07 Department duties. It shall be the duty of the department:
(1) REGULATIONS. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
100.20 Methods of competition and trade practices
(2) (a) The department, after public hearing, may issue general orders forbidding methods of competition in business or trade practices in business which are determined by the department to be unfair. The department, after public hearing, may issue general orders prescribing methods of competition in business or trade practices in business which are determined by the department to be fair.
100.52 (3) Registration of telephone solicitors.
The department shall promulgate rules that require any telephone solicitor who requires an employee or contractor to make a telephone solicitation to a residential customer in this state to register with the department, obtain a registration number from the department, and pay an initial registration fee and an annual registration renewal fee to the department. The amount that an individual telephone solicitor is required to pay shall be based on the number of telephone lines used by the telephone solicitor to make telephone solicitations or some other methodology established by the department by rule. The rules shall also require a telephone solicitor that registers with the department to at the time of initial registration, the time of annual renewal, and any other time upon request of the department, provide the department with proof that the telephone solicitor has complied with federal law in obtaining copies and updated versions of the state do-not-call registry. The amount of the fees shall be based on the amount required to administer and enforce this section and to provide the amounts appropriated under s.
20.115 (1) (im).
4. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 0.25 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
5. Description of all Entities that may be Impacted by the Rule
Telephone solicitors will be impacted by the emergency rule. Telephone solicitors are required to be registered by both DATCP and the FTC. The emergency rule will amend state registration requirements to include proof of registration with the FTC.
The emergency rule will also impact Wisconsin residents who are currently registered on the Wisconsin or FTC no-call list or wish to be. This rule will help ensure telemarketers are properly registered with the FTC and that DATCP is able to enforce the law effectively and efficiently.
6. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
At the national level, the FTC administers a do-not-call registry. As a result of
2013 Act 234, Wisconsin residents will now permanently sign up on the FTC list and telephone solicitors will be required to use the Wisconsin portion of the FTC registry rather than a separate DATCP-generated list. Telephone solicitors also must register with DATCP and will have to provide proof of their federal registration number as part of state registration. The FTC do-not-call registry is used by all surrounding states.
7. Anticipated Economic Impact
The emergency rule will have no economic impact.
Contact Person
Jennifer Heaton-Amrhein, Program and Policy Analyst, DATCP; Phone (608) 224-5164.
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on May 14, 2014.
Rule No.
Relating to
Mobile air conditioners; reclaiming or recycling refrigerant.
Rule Type
Permanent.
1. Description of the Objective of the Rule
This proposed rule would modify current trade and consumer protection rules related to mobile air conditioners. Currently, ch.
ATCP 136, Wis. Adm. Code., requires businesses that install, repair or service mobile air conditioners to pay an annual registration fee and obtain an annual registration certificate from the department. The rule also requires businesses to register their mobile air service technicians, and for those technicians to successfully complete a department-approved training course or satisfy other training requirements.
2013 Act 312 eliminated the annual registration and modified the technician training requirements to harmonize state policy with federal requirements and reduce the overall regulatory burden on this industry. The statute also eliminated DATCP's authority to establish requirements for mobile air conditioner technician training. This rulemaking will revise the existing rule to implement these statutory changes. The department will also remove references to obsolete Department of Safety and Professional Services (DSPS) licensing requirements and make other minor modifications needed to ensure uniformity between the statute and rule.
2. 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
History and background. This rule, along with its enabling statute s.
100.45, Wis. Stats., regulates the sale and distribution of refrigerants used in motor vehicle air conditioners and trailer refrigeration equipment. It also requires businesses (such as automobile repair shops) and technicians who service this equipment to be registered with DATCP. Technicians must also complete a training course or satisfy other training requirements. In 2012, 3122 businesses holding 3602 licenses (160 businesses held more than one location license) and about 11,000 technicians registered with the department.
2013 Act 312 eliminated the annual registration program and modified technician training requirements to harmonize state policy with federal requirements and reduce the overall regulatory burden on this industry. The statutory change also eliminated DATCP authority to establish technician training requirements.
Proposed policies. DATCP proposes to modify the rule to implement the recent changes in state statute, including eliminating rule language related to the annual business registration program and technician training requirements. DATCP also proposes to modify the rule to removed outdated references and make any other minor revisions that may be necessary to harmonize the statute and rule.
Policy Alternatives. None. The department must modify the rule to be consistent with statutory requirements.
3. Statutory Authority for the Rule (Including the Statutory Citation and Language)
93.07 Department duties. It shall be the duty of the department:
(1) REGULATIONS. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
100.45 Mobile air conditioners
(5) Department duties. The department shall do all of the following:
(a) Promulgate rules for the administration of this section including establishing all of the following:
1. A standard of purity for recycled refrigerant from mobile air conditioners that is based on recognized national industry standards.
3. Fees to cover the costs of administering this section.
4. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 0.25 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
5. Description of all Entities that may be Impacted by the Rule
There are approximately 3600 mobile air conditioning repair and servicing businesses and 11,000 technicians impacted by the statute and rule. The proposed rule will harmonize with existing state law, so the rule change itself will have no effect on the industry.
6. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
At the national level, the EPA requires mobile air technicians to be trained and certified by an EPA-approved organization. The training must cover specific content areas, and technicians must pass a test demonstrating competency to be certified. Wisconsin technicians are required to meet the EPA training requirement.
7. Anticipated Economic Impact
The proposed rule creates no economic impact.
Contact Person
Jennifer Heaton-Amrhein, Program and Planning Analyst, DATCP; Phone (608) 224-5164.
Children and Families
Safety and Permanence, Chs.
35—59
This statement of scope was approved by the governor on May 8, 2014.
Rule No.
Relating to
Extension of out-of-home care, subsidized guardianship, and adoption assistance to age 21.
Rule Type
Emergency and Permanent.
1. Finding/Nature of the Emergency (Emergency Rule Only)
2. Detailed Description of the Objective of the Emergency and Proposed Rules
The emergency and proposed rules will make the changes necessary to implement extended out-of-home care under s.
48.366, Stats., as created by
2013 Wisconsin Act 334. The rules will make changes to existing rules affecting foster homes, kinship care relatives, group homes, and residential care centers. The rules will allow a child to remain in the care of these out-of-home care providers until age 21 if the child is a full-time student at a secondary school or its vocational or technical equivalent and there is an individualized education program in effect for the child. The child-placing agency rules will also be amended to include the same definition of “child" that will be in the foster care and group home rules. Child-placing agencies license foster homes and place children in foster homes and group homes.
In addition, the adoption assistance and subsidized guardianship rules will be amended to allow payments to continue to adoptive parents and subsidized guardians or interim caretakers if the adoption assistance or subsidized guardianship agreement became effective after the child attained 16 years of age; the child is a full-time student at a secondary school or its vocational or technical equivalent; and there is an individualized education program under s.
115.787, Stats., in effect for the child. Federal law requires that any extension of foster care to children over 18 years of age also apply to adoption assistance and subsidized guardianship if the agreement became effective after the child attained 16 years of age.
A new ch.
DCF 21 will be created to set forth the conditions under which a person who has terminated a voluntary transition-to-independent-living agreement under s.
48.366 (3), Stats., and the agency primarily responsible for providing services under the agreement may enter into a new voluntary transition-to-independent-living agreement under s.
48.366 (3) (c), Stats.
The rules will also repeal provisions in s.
DCF 52.62 (4) (b) affecting amendment of a license to operate a residential care center. Provisions on amending a license for a change in the ownership of a center or change in the address of the center will be repealed because s. 48.66 (1) (c), Stats., prohibits the transfer of a license to operate a residential care center.
3. Detailed Explanation of Statutory Authority for the Rules
Sections
48.366 and
938.366, Stats., as created by
2013 Wisconsin Act 334, permit a child placed in out-of-home care who is a full-time student at a secondary school or its vocational or technical equivalent and for whom an individualized education program (IEP) is in effect to continue in out-of-home care until the child is granted a high school or high school equivalency diploma or reaches 21 years of age, whichever occurs first, under either an extended dispositional order of the juvenile court or a voluntary transition-to-independent-living agreement between the child, or the child's guardian on behalf of the child, and the agency primarily responsible for providing services to the child under the dispositional order.
A person who terminates a voluntary transition-to-independent-living agreement, or the person's guardian on behalf of the person, may request to enter into a new agreement at any time before he or she is granted a high school or high school equivalency diploma or reaches 21 years of age, whichever occurs first, so long as he or she is a full-time student at a secondary school or its vocational or technical equivalent and an IEP remains in effect.
Sections
48.366 (4) and
938.366 (4), Stats., as created by
2013 Wisconsin Act 334, provide that the department shall promulgate rules to implement the extended out-of-home care program that include all of the following:
• Rules permitting a foster home, group home, or residential care center for children and youth to provide care for persons who agree to continue in out-of-home care under an extension of an order described in s.
48.366 (1), Stats., or a voluntary agreement under s.
48.366 (3), Stats.
• Rules setting forth the conditions under which a person who has terminated a voluntary agreement under s.
48.366 (3), Stats., and the agency primarily responsible for providing services under the agreement may enter into a new voluntary agreement under s.
48.366 (3) (c), Stats.
Section
48.975 (3m), Stats., provides that adoption assistance may be provided after the adoptee reaches the age of 18 if the adoptee is a full-time high school student.
The department administers the subsidized guardianship program under ss.
48.623, Stats., and
48.62 (5), 2009 Stats.
Section
227.11 (2) (a), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency.
4. Estimate of Amount of Time that State Employees Will Spend Developing the Rules and of Other Resources Necessary to Develop the Rules
175 hours.
5. List with Description of all Entities that may be Affected by the Emergency and Proposed Rules
Residential care centers for children and youth; foster parents; group home providers; adoptive parents who are receiving adoption assistance; kinship care relatives; subsidized guardians; child-placing agencies; and children who are eligible for extended out-of-home care, subsidized guardianship, or adoption assistance under s.
48.366, Stats., or
938.66, Stats., and
42 USC 675; county departments of social services; county departments of health and human services; and licensed child welfare agencies.
6. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed And Emergency Rules
In general, a state can be eligible for federal funding under Title IV-E of the Social Security Act for foster care assistance if all of the following apply:
• The child was removed and placed in foster care in accordance with either of the following:
• A voluntary placement agreement between the state agency, or any other agency acting on behalf of the state, and the parents or guardians. If the child has remained in voluntary placement for a period in excess of 180 days, a judicial determination must be made.
• A judicial determination that:
• The placement is in the best interests of the child.
• Continuation in the home from which removed would be contrary to the welfare of the child and that reasonable or, in the case of an Indian child, active efforts have been made to preserve and unify the family, with the child's health and safety as the paramount concern.
•
The child's placement and care are the responsibility of the state agency or any other public agency with which the state has made an agreement.
• The child has been placed in a foster home, group home, shelter care, or residential care center for children and youth.
• The child, while in the home, would have met the eligibility criteria for Aid to Families with Dependent Children as the program existed on July 16, 1996.
Under 42 USC 675, the definition of “child" that applies to assistance under Title IV-E is the following:
A. Subject to subparagraph B, an individual who has not attained 18 years of age.
B. At the option of a State, the term shall include an individual
for whom the following applies:
(i)
(I) The individual is in foster care under the responsibility of the State.
(II) There is an adoption assistance agreement under
42 USC 673 in effect for the individual, and the agreement became effective after the individual attained 16 years of age.
(III) There is a kinship guardianship assistance agreement under
42 USC 673 (d) in effect for the individual, and the agreement became effective after the individual attained 16 years of age.
(ii) The individual has attained 18 years of age.
(iii) The individual has not attained 19, 20, or 21 years of age, as the State may elect.
(iv) The individual is any of the following as the state may elect:
(I) Completing secondary education or a program leading to an equivalent credential.
(II) Enrolled in an institution which provides post-secondary or vocational education.
(III) Participating in a program or activity designed to promote, or remove barriers to, employment.
(IV) Employed for at least 80 hours per month.
(V) Incapable of doing any of the activities described in subclauses (I) through (IV) due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child.
42 USC 675 (B) (i) requires that any extension of foster care to children over 18 years of age also apply to adoption assistance and subsidized guardianship agreements that became effective after the child attained 16 years of age. Department of Health and Human Services, Administration for Children and Families, Children's Bureau, Program Instruction,
Guidance on the Fostering Connections to Success and Increasing Adoptions Act of 2008, ACYF-CB-PI-10-11, July 9, 2010.
7. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None or minimal.
Contact Person
For foster care, kinship care, adoption assistance, and subsidized guardianship:
Jonelle Brom
Section Chief, Out-of-Home Care Section
Division of Safety and Permanence
(608) 264-6933
For group homes, residential care centers, and child-placing agencies:
Mary Morse
Child Welfare Program Specialist
Licensing Section
Division of Safety and Permanence
(262) 548-8694
Natural Resources
Environmental Protection — General, Chs.
100—
(DNR # OE-09-14 and OE-10-14(E) )
This statement of scope was approved by the governor on May 15, 2014.
Rule No.
Relating to
Environmental analysis and review procedures under.
Rule Type
Permanent and emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
This rule is needed as housekeeping to clarify the procedures for the review and analysis of new administrative rules in order to assure that the intent of the ch.
NR 150 revision is being met and potential procedural questions do not invalidate years of work and public engagement on new rules packages. An emergency rule is needed to ensure processing and enactment of rule proposals in a manner that is consistent with past WEPA compliance approaches that have been upheld by the courts.
2. Detailed Description of the Objective of the Proposed Rule
Chapter
NR 150 was revised and went into effect April 1, 2014. The previous version of the code classified most administrative rules as “Type 3 actions", a classification requiring some form of public notice and no additional environmental analysis as part of the formal rules process.
The rule changes would be simple editorial changes to clarify that emergency rules are “minor actions" requiring no additional environmental analysis, and that the process for developing permanent rules are “equivalent analysis actions". These changes would more clearly outline the required review process for administrative rules. Additional changes to clarify publication requirements, WEPA compliance determinations for various permits and plan approvals and other housekeeping changes, consistent with the intent of the rule, as presented to the public and approved by the NRB, may also come to light as implementation of the new rule progresses.
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 rule change would clarify what was intended and what was presented to the public through the Natural Resources Board process for development of the current ch.
NR 150.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department is responsible for compliance with department rules and procedures pursuant to s.
1.11, Stats., and s.
227.11, Stats., provides rule authority
Pursuant to s.
227.24 (1) (a), Stats., the department finds that putting this rule into effect prior to the time it would take effect using the permanent rule process is necessary to ensure that the department and public time involved in lengthy rule processes for current rules is not compromised by a confusing definition in ch.
NR 150.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
8 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
It is anticipated that no entities shall be affected by the proposed rule. This clarifies internal procedures for rules development.
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
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None.
9. Anticipated Number, Month and Locations of Public Hearings
The Department anticipates holding one public hearing in the month of September 2014.
The Department will hold this hearing in Madison to seek public comment on the housekeeping changes to the rule.
Contact Person
James Pardee, 608-266-0426.
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
Rule Type
Permanent.
1. Finding/nature of the emergency (Emergency Rule only).
N/A.
2. A Description of the Objective of the Proposed Rule
This proposed rule change will modify ch.
PI 17 as a result of the statutory changes made in
2013 Wisconsin Act 257. Any other changes to ch.
PI 17 that are needed to align ch.
PI 17 with current statutes will also be made.
3. A description of the Existing Policies and New Policies Included in the Proposed Rule and an Analysis of Policy Alternatives
4. The Statutory Authority for the Proposed Rule
Under ss.
227.11 (2) (a) (intro) and
121.14, Stats., the Department is authorized to establish criteria for summer school classes and interim session classes receiving state aid. Section
121.14 (1) (a), Stats., provides specific rulemaking authority as follows:
121.14 State aid for summer classes and interim session classes
(1) (a) State aid shall be paid to each district or county children with disabilities education board for all of the following:
1. Subject to par. (b), those academic summer classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.
2. Subject to par. (b), for a school district or county children with disabilities education board that provides year-round school, those interim session classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.
5. An Estimate of the Amount of Time that State Employees Will Spend to Develop 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 indeterminate.
6. A Description of all of the Entities that will be Affected by the Proposed Rule
School districts may be impacted by this rule.
7. A Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that Addresses or is intended to Address the Activities to be Regulated by the Proposed Rule
N/A.
Agency contact:
Policy and Budget Team
ATTN: Katie Schumacher
Safety and Professional Services —
Dentistry Examining Board
This statement of scope was approved by the governor on May 8, 2014.
Rule No.
Chapters
DE 2,
5, and
6 (revise).
Relating to
Pathway to licensure for foreign-trained applicants for licensure as dentists.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The primary intent of this proposed rule is
to revise and clarify the pathway to licensure for foreign-trained applicants. In reviewing applications from individuals whose education was obtained other than from an accredited U.S. or Canadian dental school, the Credentialing Committee of the Dentistry Examining Board (the Board) determined that eligibility for application for licensure in Wisconsin was inconsistent with eligibly requirements of most states in the upper mid-west.
Research was further conducted of the rules for a number of mid-western states; it was determined that Wisconsin standards, which changed in 2007, were now perceived as the weakest of the states surveyed. While Wisconsin requires the passage of a clinical exam for these applicants and additional training (one year AGD or GPR), these requirements are no longer considered equivalent to obtaining a DDS/DMD degree via the traditional degree route in Wisconsin.
Requirements will be established for both initial licensure and endorsement for foreign-trained applicants. Typographical errors, formatting, and other corrections, such as definitions, will be made where appropriate, as well as needed cross references in other chapters in this series.
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
After 2007, a new provision for initial licensure that applied only to foreign-trained applicants was created. The provisions qualified a foreign-trained dentist eligible to apply for a Wisconsin license if he or she submitted to the Board evidence of graduation from a non-U.S. or Canadian accredited dental school and evidence of the successful completion of an accredited postgraduate program in advanced education in general dentistry or an accredited general dental practice residency. In addition, a foreign-trained dentist must submit the same information required of non-foreign trained dentists listed in s.
DE 2.01 (1) (a) to
(d),
(f), and
(g) prior to initial application.
Like Wisconsin, a number of adjacent states — Illinois, Indiana, Iowa, Ohio, Michigan, and Minnesota — all require a degree (DDS or DMD) from a U.S. or Canadian accredited dental school. Unlike Wisconsin and except for Minnesota, these states also require a minimum of a 2-year specialty program. Iowa allows either the degree (DDS or DMD) or a 2 yr-IDP (undergrad). In lieu of the 2-year specialty program, Wisconsin allows the one-year AGD or GPR training.
Regionally, Wisconsin is perceived as having some of the weakest rules where foreign-trained applicants come to obtain licensure. This route to licensure affects the number of `seats' available to applicants with degrees, education and training from ADA CODA (American Dental Association — Commission on Dental Accreditation) institutions. For example, Marquette University Dental School requires foreign-trained dentists who were trained in countries outside the United States and Canada, but wish to apply for advanced standing admission, are required to complete three-years of training before a DDS degree is conferred. As with all applicants, these applicants are admitted on a space-available basis.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
“Dentistry examining board. (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."
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 200 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
Applicants with foreign-based training and/or degrees and Wisconsin 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 are no known exiting or proposed federal regulations addressing the licensure requirements for dentists from U.S., Canadian or foreign-based schools and institutions.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
There is minimal or no economic impact of implementing this rule and is not likely to have a significant economic impact on small businesses.
Contact Person
Jean MacCubbin, (608) 266-0955.
Safety and Professional Services —
Hearing and Speech Examining Board
This statement of scope was approved by the governor on May 15, 2014.
Rule No.
Chapters
HAS 6 and
7 (revise).
Relating to
Licensure of speech-language pathologists, audiologists and temporary licenses and requirements for renewal of credentials granted by the Hearing and Speech Examining Board.
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 update the rule to reflect the changes due to Wisconsin 09 Act 356 relating to the requirements for licensure of audiologists, including temporary licenses, and removal of the requirement to provide certification of calibrations of audiometric equipment in order to renew a license.
In addition, the objective is to streamline, clarify and update the chs.
HAS 6 and
7.
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
Wisconsin 09 Act 356 modified the requirements for licensure of audiologists and removed the requirement to provide certification of calibrations of audiometric equipment in order to renew a license. The rule needs to be updated to reflect these changes in the statute.
The code also contains outdated practices and procedures. This proposed rule would review and update chs.
HAS 6 and
7 in the interest of clarifying and streamlining the process while maintaining the health, safety and welfare of the public.
4. 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.
Section
459.12( 1). The examining board may make rules not inconsistent with the laws of this state which are necessary to carry out the intent of this chapter.
Section
459.12 (2). The examining board shall promulgate rules establishing the frequency of the calibrations, the standards for the calibrations and the standards for the certifications required by s.
459.085.
Section
459.24 (6) (c). A temporary license granted under this subsection is valid for a period designated in rules promulgated by the examining board. The rules may designate a period that terminates if an applicant fails to take the next available examination under s.
459.26 (2) (a) or
(b) for reasons other than inaction by the examining board or hardship.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
150 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
Hearing instrument specialists, speech language pathologists, audiologists, and applicants.
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
None.
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 none.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377.
