Safety and Professional Services —
Chiropractic Examining Board
The scope statement was approved by the Governor on July 16, 2014.
Rule No.
Relating to
Duty to inform patients of treatment options.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
None.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule will bring current Wisconsin Administrative Code into compliance with new legislation,
2013 Wisconsin Act 345.
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
2013 Wisconsin Act 345, changed the manner in which chiropractors discuss treatment options and obtain informed consent from their patients. Under current case law, chiropractors have a duty to inform patients of reasonable alternative modes of treatment and their risks and benefits in such a manner that a reasonable patient would be able to make an intelligent choice with regard to treatment. Chiropractors are also required to document a patient's informed consent in their patient's record pursuant to Wis. Admin. Code s.
Chir 11.02 (5).
2013 Wisconsin Act 345 created Wis. Stats. s.
446.08. This new statute codifies the chiropractor's duty to inform their patients of reasonable alternate modes of treatment and the benefits and risks of treatment. The Act also institutes the reasonable chiropractor standard, instead of the reasonable patient standard, as the standard for informing patients regarding their treatment options. The reasonable chiropractor standard requires disclosure only of information that a reasonable chiropractor would know and disclose under the circumstances. The proposed rule will incorporate the new standard into the current rules governing chiropractic practice and make any additional changes that would make the rules consistent with the statute.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats., provides examining boards, such as the Chiropractic Examining Board, “shall promulgate rules for its own guidance and for guidance of the trade or profession to which it pertains. . ." The proposed rule will provide guidance within the profession as to how chiropractors are to inform patients of their treatment options.
Section
227.11 (2) (a), Stats., states that an agency, “may promulgate rules interpreting the provisions of any statute enforced or administered by an agency, 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." The proposed rule will interpret s.
446.02 (7d) (a),
(b), and
(c) as it relates to a chiropractor's duty to inform patients of treatment options.
Section
446.02 (7d) (a),
(b), and
(c), Stats., provides that chiropractors shall determine whether a patient has a condition that is treatable by the practice of chiropractic. If the patient does not have a condition that is treatable by chiropractic the chiropractor shall discontinue the practice of chiropractic on a patient, except that the chiropractor may provide maintenance, support and wellness care to a patient. Chiropractors that discontinue practice of chiropractic on a patient must inform the patient of the reason for discontinuing the practice of chiropractic.
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 60 hours developing the proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule will impact licensed chiropractors and their patients.
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)
The proposed rule is not likely to have a significant economic impact on small businesses.
9. Contact Person
Shawn Leatherwood
608-261-4438
Safety and Professional Services —
Cosmetology Examining Board
The scope statement was approved by the Governor on July 23, 2014.
Rule No.
Relating to
Cosmetology schooling, licensure, and practice requirements.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
2. Detailed Description of the Objective of the Proposed Rule
This rulemaking project expects to include a comprehensive update of all rules in these chapters to make them consistent with contemporary industry, regulatory, and academic practices. It is also intended to bring these rules into compliance with recently enacted legislation including
2011 Wisconsin Act 190,
2013 Wisconsin Act 205, and
2013 Wisconsin Act 356.
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
Cos 1 to
11 currently contain all of the rules of the Cosmetology Examining Board relating to cosmetology. These rules address the practice of cosmetology, cosmetology establishments and inspection of them, sanitation and safety, courses of instruction, apprenticeship procedures and standards, examinations and licensure, license renewals and reinstatements, continuing education, and forfeitures.
The most recent broad-based update of some of these rules occurred over six years ago, and some of these rules have not been updated for over 20 years. The updates included in this rulemaking expect to be similar to and consistent with updates that the Department of Safety and Professional Services recently promulgated for barbering in response to
2011 Act 190.
The alternatives of either partially updating or not updating these rules would be less beneficial to the entities affected by these rules.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a) of the Statutes authorizes the Board to promulgate rules interpreting any statute that is enforced or administered by the Board, if the rule is considered necessary to effectuate the purpose of the statute.
Section
440.62 (5) (b) 1. of the Statutes requires the Board to establish the minimum curriculum for cosmetology schools and the minimum standards for instruction, materials, and equipment at cosmetology schools.
Section
454.06 (8m) (d) of the Statutes requires the Board to establish, by rule, the limits of minimal cosmetology work, for inactive licensees. Section
454.08 (1) (a), Stats., authorizes the Board to promulgate rules for providing cosmetology services outside of a licensed cosmetology establishment. Sections
454.08 (3) and
(4), Stats., authorize the Board to establish, by rule, requirements for licensing cosmetology establishments; and require the Board to establish, by rule, minimum health and safety standards for such establishments, respectively. Section
454.10 (3) (b), Stats., requires the Board to prescribe, by rule, the practical training and schooling that a cosmetology apprentice must receive. Section
454.12 (2), Stats., authorizes the Board to promulgate rules imposing continuing-education requirements on licensees if the requirements are necessary to preserve public health, safety or welfare.
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
Cosmetologists, cosmetology managers, cosmetology establishments, cosmetology apprentices, cosmetology schools and instructors, and continuing education-providers for the cosmetology profession.
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 federal government does not regulate the cosmetology profession in the states. However, it does have regulations applicable to apprenticeships in all trades and professions registered with the United States Department of Labor. Those regulations are generally administered through state laws governing apprenticeship programs in a particular state. In Wisconsin, the Department of Workforce Development is charged with that responsibility.
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 changes contemplated in this project are not expected to have any negative economic impacts on any of the entities listed above.
9. Contact Person
Shawn Leatherwood, at Shancethea.Leatherwood@ wisconsin.gov; or at telephone (608) 261-4438 or 711 (Telecommunications Relay); or at 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI, 53708-8366.
Safety and Professional Services —
Dentistry Examining Board
The scope statement was approved by the governor on July 28, 2014.
Rule No.
Relating to
Regulation of mobile dentistry programs.
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 implement
2013 Act 244 by doing the following:
• Create a definition of “mobile dentistry program";
• Define the activities that constitute the operation of a mobile dentistry program for purposes of the registration requirement;
• Requirements for obtaining a registration;
• Requirements for patient access to dental records; and
• Standards of conduct for the operation of a mobile dentistry program, the provision of dental services through a mobile dentistry program and the use of portable dental equipment.
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
Under
2013 Act 244, no person may own or operate a mobile dentistry program in Wisconsin unless the person is registered. The Dentistry Examining Board was given specific authority to promulgate rules to regulate mobile dentistry programs as outline in the above objective of the proposed rule.
The alternative to promulgation of rules would be to create confusion as to the definition of a mobile dentistry program, the activities the program may perform, the process for obtaining registration and the standards of conduct which must be followed.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
447.02(2), Stats. The examining board shall promulgate rules specifying all of the following:
(f) A requirement that a mobile dentistry program registrant establish procedures for a patient treated in the mobile dentistry program to access his or her patient records.
(g) Standards of conduct for the operation of a mobile dentistry program in this state, the provision of dental services through a mobile dentistry program, and the use of portable dental equipment.
(h) A definition of “mobile dentistry program" and the activities that constitute the operation of mobile dentistry program for purposes of the registration requirement under s.
447.058.
