Scope Statements
Insurance
The statement of scope was approved by the governor on August 18, 2014.
Rule No.
Relating to
Life insurance solicitation, and section 2.15, Wis. Adm. Code, relating to annuity benefit solicitation.
Rule Type
Permanent.
1. Finding / Nature of Emergency (Emergency Rule Only)
Not applicable.
2. Detailed Description of the Objective of the Rule
The objective of the rule change is to update the buyer's guide that is furnished to Wisconsin consumers during the sale of annuities. Currently, the Wisconsin Buyer's Guide to Annuities is available online, and contains general product information and provides answers to basic questions about risks and investing that consumers can use to decide whether these products are right for them. Unfortunately, the Wisconsin buyer's guide is outdated as it does not provide any information about indexed annuity products which are now common in the marketplace. In 2013, the National Association of Insurance Commissioners (NAIC) revised and updated the NAIC buyer's guide to include information about fixed, indexed and variable annuities. The NAIC now offers three versions of the Buyer's Guide for Deferred Annuities: a general information guide, a fixed annuity guide, and a variable annuity guide. It is the goal of the OCI to amend s.
Ins 2.15 to permit insurers and agents to use the most current version of the applicable NAIC Buyer's Guide for Deferred Annuities, rather than the Wisconsin Buyer's Guide to Annuities. As a result of this change, the outdated Wisconsin Buyer's Guide to Annuities would be discontinued. Wisconsin adopted the NAIC Life Insurance Buyer's Guide in 1998. Using the NAIC guides for both life insurance and annuities will provide uniformity and consistency for insurers, agents and consumers.
The objective of amending s.
Ins 2.14 (4) (g) 1. is to bring the rule up to date with a change in the law that occurred in 1998. The entire subdivision should be deleted because the sentence stating “Further explanation of the intended use of these indexes is provided in the life insurance buyer's guide" is incorrect as no such explanation is contained in the NAIC Life Insurance Buyer's Guide concerning cost indexes. The explanation was previously included in OCI's Life Insurance Buyer's Guide which was replaced with the NAIC Buyer's Guide by rule change in January, 1998.
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
Wisconsin adopted the NAIC Life Insurance Buyer's Guide in 1998, effectively replacing the Wisconsin Life Insurance Buyer's Guide. To be consistent, Wisconsin should also adopt the NAIC Buyer's Guide for Deferred Annuities, effectively replacing Wisconsin Buyer's Guide to Annuities. Using the NAIC buyer's guides for both life insurance and annuities will provide uniformity and consistency for insurers, agents and consumers.
Section Ins. 2.14 requires insurers to use the most current version of the NAIC Life Insurance Buyer's Guide. The change to s.
Ins 2.14 (4) (g) 1. acknowledges that the NAIC Life Insurance Buyer's Guide does not contain an explanation of the use of cost comparison indexes. The explanation was previously included in Wisconsin's Life Insurance Buyer's Guide which was replaced with the NAIC Buyer's Guide by rule change in January, 1998. This is a minor technical change to the existing rule which does not encompass a change of existing policy with respect to the disclosure rules applicable to life insurance.
4. Detailed Statutory Authority for the Rule (Including the Statutory Citation and Language)
The statutory authority for these rules are ss.
227.11 (2) (a) and
601.41 (3), Wis. Stats., which provide for the commissioner's rulemaking authority in general and specifically ss.
628.34 (12) and
628.38, Wis. Stats. Section
628.34 (12), Wis. Stats., states the commissioner “may define specific unfair trade practices by rule, after a finding that they are misleading, deceptive, unfairly discriminatory, provide an unfair inducement, or restrain competition unreasonably." Section
628.38, Wis. Stats., states the commissioner “may by rule require insurers to deliver to prospective buyers of life or disability insurance, at a time specified in the rule, information consistent with ss.
601.01 and
628.34, Wis. Stats., that will improve their ability to select appropriate coverage."
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
Insurers, insurance agencies and individual agents may be impacted by the rule.
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 any proposed or existing federal laws or regulations that are intended to address the activities to be regulated by the proposed rule changes.
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)
The amendment to s.
Ins 2.14 (4) (g) 1. should have no impact economic impact on the insurance industry as it merely deletes an erroneous reference in the applicable rule.
The amendment to s.
Ins 2.15 will have a minimal additional cost for insurers and insurance agents. OCI does not charge insurers or agents for using the Wisconsin Buyer's Guide to Annuities. However, NAIC charges $0.35 for each copy of a buyer's guide. This has been a consistent cost for using NAIC guides.
Contact Person
Robin S. Jacobs, Staff Attorney
(608) 261-8283
Insurance
The statement of scope was approved by the governor on August 18, 2014.
Rule No.
Relating to
2012 individual annuity reserving mortality table.
Rule Type
Permanent and emergency.
1. Finding/Nature of Emergency
Under the current rule governing the minimum standards of valuation for individual life and pure endowment contracts life insurers are required to use the Annuity 2000 Mortality Table, which has become outdated. OCI is addressing the issue by enacting an emergency and permanent rule that would require insurers to use the 2012 Individual Annuity Reserving Mortality Table (2012 IAR Table) for contracts issued on or after January 1, 2015. Wisconsin insurers have expressed support for the proposed rule and its enactment at the earliest date possible in 2014. Insurers are requesting time in advance of January 2015 in order to modify existing policy forms and marketing material so that they are able to compete with other insurers on a level playing field. However, in order for insurers to have sufficient time to file new policy and rate forms for use beginning January 1, 2015 the rule must be in place no later than November 2014 to ensure sufficient time to submit form or rate filings with the Office. Delay beyond January 2015 will not be in the best interest of insurers or consumers.
The 2012 IAR Table provides insurers with a more accurate tool for calculating minimum reserves. This is beneficial to the both the insurers and consumers. The emergency rule will provide insurers with the earliest opportunity to use the 2012 IAR Table while the permanent rule moves through the legislative process. In addition, the proposed permanent rule has been recommended by the National Association of Insurance Commissioners (NAIC) and is in the process of being adopted in other states. The emergency rule will help domestic insurers remain on equal footing with insurers from other states where the rule is already being adopted.
2. Detailed Description of the Objective of the Rule
The proposed emergency and permanent rule would require life insurers to use the 2012 IAR Table when determining the minimum standard of valuation for individual annuity and pure endowment contracts issued on or after January 1, 2015. The proposed emergency and permanent rule would modernize an outdated table. The 2012 IAR Table is comprised of a basic experience table with margins (the 2012 Individual Annuity Mortality Period Life Table) and a projection scale. The addition of a projection scale to the 2012 IAR Table allows the Table to remain up-to-date over a longer period of time because it allows the Table to adjust by considering the most accurate statistics during each valuation year.
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 existing requirements are contained primarily in s.
623.06 (2a) (b) and
(4m), Wis. Stats., s.
Ins 2.30 (3), and Subch.
V of ch. Ins. 50, Wis. Adm. Code. These provisions establish that mortality tables are to be used by insurers to calculate minimum reserves and establish requirements related to testing and reporting of actuarial information. Current rules require insurers to use the Annuity 2000 Mortality Table as adopted by the NAIC. The proposed emergency and permanent rule will require insurers to use the 2012 IAR Table as adopted by the NAIC in December 2012 for calculating the minimum reserves on contracts written on or after January 1, 2015. The proposed rule is being considered as it has been recommended by the NAIC and is in the process of being adopted by other states. Further, not adopting the 2012 IAR Table may place domestic insurers at a competitive disadvantage compared to insurers from states where the table has been adopted.
4. Detailed Statutory Authority for the Rule (Including the Statutory Citation and Language)
The Commissioner has the general authority to promulgate rules necessary to administer and enforce chs.
600 to
655, Wis. Stats., and as provided under ss.
227.11 (2) (a) and
601.41 (3), Wis. Stats. Further, under ss.
623.06 (2a) (b) and
(4m), Wis. Stats., the commissioner has specific authority to determine the minimum standard for the valuation of individual annuity and pure endowment contracts by establishing mortality tables to be used by insurers to calculate minimum reserves and requirements related to the testing and reporting of actuarial information.
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
60 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 affect insurers offering individual annuity and pure endowment contracts.
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 any proposed or existing federal regulation that is intended to address the activities to be regulated by this 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)
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
Timothy L. Cornelius
(608) 267-8622
Safety and Professional Services
Professional Services, Chs.
SPS 1—299
The statement of scope was approved by the governor on August 22, 2014.
Rule No.
Relating to
Credential renewal or reinstatement.
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 rulemaking project is intended to create a definition of credential reinstatement and clarify the process for credential renewal or reinstatement for individuals who have failed to renew within 5 years after the credential renewal date.
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
Current department administrative rules are silent with regards to credential reinstatement for individuals who have failed to renew within 5 years after the credential renewal date.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a), Wis. Stats. Rule-making authority is expressly conferred as follows: (a) 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. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature. 2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature. 3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
Section
440.08 (3) (b), Wis. Stats. The department or the interested examining board or affiliated credentialing board, as appropriate, may promulgate rules requiring the holder of a credential who fails to renew the credential within 5 years after its renewal date to complete requirements in order to restore the credential, in addition to the applicable requirements for renewal established under chs.
440 to
480, that the department, examining board or affiliated credentialing board determines are necessary to protect the public health, safety or welfare. The rules may not require the holder to complete educational requirements or pass examinations that are more extensive than the educational or examination requirements that must be completed in order to obtain an initial credential from the department, the examining board or the affiliated credentialing board.
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
50 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
All Department credential holders.
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
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 Department believes that the proposed revisions will have minimal to no economic impact.
The Department believes that the proposed revisions will have minimal to no impact on small businesses.
9. Contact Person
Katie Paff, Program and Policy Analyst
(608) 261-4472
Safety and Professional Services —
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
The statement of scope was approved by the governor on August 22, 2014.
Rule No.
Relating to
Land surveyor professional licensure.
Rule Type
Permanent.
1. Finding/nature of emergency (Emergency Rule only):
NA.
2. Detailed Description of the Objective of the Proposed Rule
The objective of this proposed rule is to amend Wisconsin Administrative Code chs.
A-E 1,
2,
6,
7,
8, and
10 in order to bring these rules into compliance with recently enacted legislation,
2013 Wisconsin Act 358.
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
2013 Wisconsin Act 358 significantly impacted land surveyor practice in Wisconsin. The Act was comprehensive and instituted a variety of changes throughout the statutes. This scope statement will focus on the changes made primarily to Wisconsin Administrative Code chs.
A-E 1,
2,
6,
7,
8, and
10. The Act replaced the certificate of registration credential with a licensed professional land surveyor credential making land surveyors licensed professionals. Secondly, Act 358 added the terms “practice of professional land surveying" and “professional land surveyor" as statutory definitions thereby creating the necessity to update the term “land surveyor" with the term “professional land surveyor" throughout the A-E chapters. A third change prompted by the legislation includes the repeal of the temporary permit which had allowed applicants for registration who held an unexpired certificate of registration in another state to obtain a temporary permit while they were waiting to take the jurisdictional exam in Wisconsin. This provision will go into effect on August 1, 2014. Lastly, the Act also repealed the apprenticeship training course path to licensure. The repeal of the apprenticeship provision will also go into effect on August 1, 2014. The proposed rule will amend Wisconsin Administrative Code chs.
A-E 1,
2,
6,
7,
8, and
10 to reflect these changes as well as any other changes necessary to resolve inconsistencies between the rules and
2013 Wisconsin Act 358.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats., “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, . . ." The proposed rule will provide guidance in the profession regarding the substantial changes made to the practice of land surveying in Wisconsin.
Section
227.11 (2) (a), Stats., discusses the parameters of an agency's rule-making authority, stating an agency, “may promulgate rules interpreting the provisions of the statute, but a rule is not valid if it exceeds the bounds of correct interpretation. . ." This section allows an agency to 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
227.01 (1), Stats., defines agency as a board.
Section
443.015 (2), Stats., “Each section of the examining board may promulgate rules governing the professional conduct of individuals, firms, partnerships, and corporations register, permitted, certified or granted certificate of authorization by that section."
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
State employees will spend approximately 80 hours developing this proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule will affect applicants for land surveyor credentials and currently registered land surveyors.
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
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
It is anticipated that the proposed rule will not have a significant economic impact on small businesses.
9. Contact Person
Shawn Leatherwood
(608) 261-4438
Safety and Professional Services —
Chiropractic Examining Board
The statement of scope was approved by the governor on August 25, 2014.
Rule No.
Relating to
Course of study for chiropractic radiological technicians and chiropractic technicians.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
None.
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to clarify the Chiropractic Examining Board's intent regarding the statutory term course of study found in ss.
446.025 (2) (a) 3. and
446.026 (2) (a) 3., Stats. This undefined term has led to inconsistent application of the statute. The proposed rule seeks to define the term in administrative code which should result in a more uniform application of the statute.
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
Sections
446.025 (2) (a) 3. and
446.026 (2) (a) 3., Stats., regulate the certification of chiropractic radiological technicians and chiropractic technicians. One of the requirements for certification for both chiropractic radiological technicians and chiropractic technicians is the applicant must submit evidence satisfactory to the Chiropractic Examining Board that the applicant has completed a course of study approved by the Board. Currently, the term course of study is not defined in rule or statute. This has lead to ambiguity as to how applicants are to comply with the statutory requirement. The proposed rule will clarify the Board's intent in administering the statute by stating what constitutes a course of study.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats., provides that examining boards, such as the Chiropractic Examining Board, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, . . ." The proposed rule seeks to provide guidance to applicants seeking certification as a chiropractic radiological technician or a chiropractic technician as to what criteria meets the Board's requirement for a course of study.
Section
227.11 (2) (a), Stats., discusses the parameters of an agency's rule-making authority, stating an agency, “may promulgate rules interpreting the provisions of the statute, but a rule is not valid if it exceeds the bounds of correct interpretation. . ." This section allows an agency to 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
227.01 (1), Stats., defines agency as a board. The Chiropractic Examining Board falls within the definition of agency and is therefore allowed to apply s.
227.11 (2) (a), Stats., to statutes it administers.
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
State employees will spend approximately 80 hours developing this proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule will affect applicants for chiropractic radiological technician and chiropractic technician certification.
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
None.
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 likely to have minimal to no economic impact on small businesses.
9. Contact Person
Shawn Leatherwood
(608) 261-4438
Safety and Professional Services —
Cosmetology Examining Board
The statement of scope was approved by the governor on August 25, 2014.
Rule No.
Relating to
Course of instruction.
Rule Type
Permanent and emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
2013 Wisconsin Act 356 amended ss.440.62 (3) (ar) 2. and 454.06 (2) (b), Stats., by decreasing the number of training hours which must be fulfilled by cosmetology practitioners as outlined in s.
Cos 5.02. Currently, cosmetology students are being enrolled in courses on a continuous basis notwithstanding the fact that the curriculum and corresponding training hours as they appear in Wis. Admin. Code s. Cos. 5.02 is no longer in effect due to Act 356. Emergency rules are needed to give clear guidance to students and instructors regarding the changes in required training hours and the corresponding syllabus for cosmetology practitioners.
2. Detailed Description of the Objective of the Proposed Rule
The purpose of the proposed rule is to bring current Wisconsin Administrative Code ch.
Cos 5 in line with recent legislation, specifically
2013 Wisconsin Act 356.
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
Wis. Admin. Code s.
Cos 5.01 requires cosmetology schools to develop curriculum for cosmetology practitioners that have been approved by the Cosmetology Examining Board. Wis. Admin. Code s.
Cos 5.02 sets forth the current Board approved practitioner's license syllabus and the corresponding training hours for each subject. Now that the training hours have been reduced by
2013 Wisconsin Act 356, both school administrators and students need clear guidance as to the number of training hours required for each subject. The proposed rule seeks to provide clear direction by identifying the changes in the syllabus.
2013 Wisconsin Act 356 also requires the Cosmetology Examining Board to identify approved accrediting agencies for the purpose of satisfying educational requirements.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats., provides examining boards, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . ."
Section
227.11 (2) (a), Stats., discusses the parameters of and agency's rule-making authority, stating an agency, “may promulgate rule interpreting provisions of statute, but a rule is not valid if it exceeds the bounds of correct interpretation. . ." This section allows an agency to 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
440.62 (5) (b) 1., Stats., requires the Board to establish the minimum curriculum for cosmetology schools and the minimum standards for instruction, materials and equipment at cosmetology schools.
Section
454.075, Stats., “The examining board shall identify by rule the accrediting agencies it approves to accredit schools for the purpose of satisfying educational requirements for an initial license or a license renewal under this subchapter."
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
State employees will spend approximately 80 hours developing the proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Cosmetology school administrators, licensed cosmetology practitioners and applicants for cosmetology practitioner credentials will be affected by the proposed rule.
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
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 likely to have a minimal or no economic impact on small businesses.
9. Contact Person
Shawn Leatherwood
(608) 261-4438
Safety and Professional Services —
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
The statement of scope was approved by the governor on August 25, 2014.
Rule No.
Relating to
Rule-making, application procedures, examination processes, and credential renewal procedures.
Rule Type
Permanent.
1. Finding/Nature of emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The object is to update the Board's processes and procedures by removing obsolete provisions and clarifying and streamlining provisions including the rule-making, application, examination, and renewal.
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
Currently there are procedures in the rule-making and examination procedures which are obsolete or outdated. The renewal procedures require clarification as to both renewal and reinstatement requirements. The proposed rule will update and clarify the board procedures relating to rule-making, application, examination and renewal.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
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.
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
80 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Marriage and family therapists, professional counselors, and social workers and applicants to those professions as well as the board and department.
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
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. The rule is not likely to have a significant economic impact on small businesses.
9. Contact Person
Sharon Henes, Administrative Rules Coordinator,
(608) 261-2377
Safety and Professional Services —
Pharmacy Examining Board
The statement of scope was approved by the governor on August 18, 2014.
Rule No.
Relating to
Application and examination for pharmacists.
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 rule is to bring the rule in compliance with
2013 Wisconsin Act 114 and to update the examination requirements.
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
2013 Wisconsin Act 114 prohibits the board from requiring a person to complete any postsecondary education before the person is eligible to take an examination for a credential. The proposed rule will revise the application rules to allow for the examination to be taken prior to completion of the education. In addition, the proposed rule will update and clarify the examination requirements including the removal of outdated and obsolete provisions.
The alternative is to not be in compliance with the new legislation. The rule will also continue to have confusion regarding the obsolete provisions.
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 (3) (d) and
(e), Stats. The board may promulgate rules necessary for the administration and enforcement of this chapter and ch.
961 and establishing minimum standards for practice of pharmacy.
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
60 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Pharmacist applicants.
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
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No anticipated economic impact of implementing the rule and the rule is not likely to have a significant economic impact on small businesses.
9. Contact Person
Sharon Henes, Administrative Rules Coordinator
(608) 261-2377
Safety and Professional Services —
Physical Therapy Examining Board
The statement of scope was approved by the governor on August 14, 2014.
Rule No.
Relating to
Temporary reentry licensure.
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 seeks to redefine key terms found in Wis. Admin. Code chs.
PT 1,
2,
3, and
8 that are vague and ambiguous and replace those terms with more specific wording that clearly illustrate the Physical Therapy Examining Board's intent with regards to license renewal and reentry to practice. The proposed rule will also amend Wis. Admin. Code ch.
PT 1 to reflect a change made by the passage of
2013 Wisconsin Act 114.
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 Physical Therapy Examining Board (Board) reviewed its rules and determined that certain terms, as they are currently defined in the administrative code, are ambiguous and need clarification. The Board identified the following key terms for revision: candidate for reentry, clinical practice, and temporary reentry license. The term “candidate for reentry", as defined in s.
PT 1.02 (2), is directed towards persons who have not practiced 3 years prior to application for or renewal of their license. The proposed rule will amend the term to capture licensees who have allowed their license to lapse for 5 years or more. The proposed rule will remove the term “clinical practice" wherever it is found throughout the physical therapy chapter and replace it with the term “active practice" to clarify the Board's intention to signify current active practice as opposed to a license that has lapsed.
The temporary reentry license found in Wis. Admin. Code ch.
PT 3 will be revised to clearly identify the person targeted by the rule. This will be accomplished by including the term “candidate for reentry" in the introduction. The proposed rule will also remove a vague provision requiring candidates for reentry to prove their competence by undergoing a vocational evaluation. Similar changes will occur in Wis. Admin. Code chs.
PT 2 and
8.
Lastly, the proposed rule will remove the requirement found in s.
PT 1.04 that requires applicants for a physical therapy credential to submit to the board, no less than 30 days prior to the date of examination, their completed application. The completed application includes verified documentary evidence of graduation from a school of physical therapy.
2013 Wisconsin Act 114 mandates that the Department of Safety and Professional Services and its attached boards must refrain from requiring the completion of postsecondary education before the person is eligible to take an examination for any credential. By requiring the completed application include the verified documentary evidence of graduation from a school of physical therapy the Board is in fact requiring applicants to complete their postsecondary education as a condition of taking the exam. This requirement must be removed in keeping with Act 114.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats., provides that an examining board, “[s]hall 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." These proposed rules will provide guidance within the physical therapy profession by clarifying unclear terms regarding license renewal and reentry to practice.
Section
227.11 (2) (a), Stats., provides that “[e]ach 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."
Section
448.53 (2), Stats., the examining board may promulgate rules providing for various classes of temporary licenses to practice physical therapy. This proposed rule amends the temporary reentry license.
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
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
Licensed physical therapists and physical therapist assistants renewing their license as well as in-state and out-of- state applicants seeking licensure in Wisconsin for the first time will be impacted by the proposed rule.
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
No comparable proposed or current federal regulations dealing with the subject of the proposed rules exist.
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 impact on small business.
Contact Person
Shawn Leatherwood
(608) 261-4438
Transportation
The statement of scope was approved by the governor on August 18, 2014.
Rule No.
Relating to
Third party testing.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
Wisconsin Admin. Code ch.
Trans 115,
Third Party Testing, is an existing rule that establishes policies and procedures to authorize persons other than employees of the Wisconsin Department of Transportation (“WisDOT") to conduct Commercial Driver's License (“CDL") skills tests, which CDL applicants are required to take. Wisconsin Admin. Code ch.
Trans 115 interprets the provisions of 49 C.F.R parts 383,
Commercial Driver's License Standards; Requirements and Penalties, and 384,
State Compliance with Commercial Driver's License Program, and Wis. Stat. ch 343,
Operator's Licenses, relating to CDL skills tests conducted by Third Party Testers and Examiners. Wisconsin Admin. Code ch.
Trans 115 was last amended in 1996. Since that time, changes to federal regulations implementing the Commercial Motor Vehicle Safety Act of 1986 (“CMVSA") have affected: (1) how Third Party Testers conduct skills tests; and (2) how WisDOT administers the Third Party testing program. These changes require WisDOT's compliance by July 2015. The anticipated amendments to Wis. Admin. Code ch.
Trans 115 reflect these changes and will ensure WisDOT's compliance with federal law. The anticipated amendments to Wis. Admin. Code ch.
Trans 115 will also ensure WisDOT's compliance with all changes in state law and improvements to business processes that have occurred since Wis. Admin. Code ch.
Trans 115 was last updated. The anticipated modifications will not change the objective of the rule.
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
a. Existing state statutes and WisDOT policies that need to be updated in the rule:
Wisconsin Stat. s.
343.16 (1) (b) authorizes WisDOT to contract with Third Party Testers to administer CDL skills tests. Changes to this section will be required to reflect new requirements in
49 C.F.R. parts 383 and
384.
b. New federal policies:
Revisions to
49 C.F.R. parts 383 and
384 add requirements for the issuance of CDLs to Commercial Motor Vehicle operators. Revisions impact: (1) how Third Party Testers and Examiners must conduct CDL skills tests; and (2) clarify WisDOT's administration of the Third Party testing program. The Third Party Testing revisions will be located in Wis. Admin. Code ch.
Trans 115.
c. WisDOT Division of Motor Vehicles (“DMV") policy changes:
Since the last time Wis. Admin. Code ch.
Trans 115 was updated, WisDOT DMV has improved certain business processes:
• WisDOT DMV prohibits Third Party Testers and Examiners from providing CDL applicants the exact copies of Third Party testing forms;
• WisDOT DMV requires removal of Social Security Numbers from Third Party Examiner Identification Certificates;
• WisDOT DMV refuses to train Third Party Examiners who have not submitted fee payment by the governing deadline; and
• WisDOT DMV imposes a governing deadline by which a Third Party Examiner must retake WisDOT sanctioned CDL training prior to the expiration of its certification.
d. Policy alternatives:
The majority of all anticipated modifications to Wis. Admin. Code ch.
Trans 115 are required to comply with federal and state laws. Accordingly, no policy alternatives exist.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
WisDOT is authorized to administer and modify Wis. Admin. Code ch.
Trans 115 under various provisions of Wis. Stat. ch.
343 and Wis. Stat s.
85.16 (1).
Wisconsin Stat. s.
85.16 (1) authorizes WisDOT's secretary to make reasonable and uniform orders and rules deemed necessary.
Wisconsin Stat. s.
343.02 requires that WisDOT administer and enforce the issuance of operator licenses and state identification cards and authorizes WisDOT to promulgate rules WisDOT's secretary considers necessary.
Wisconsin Stat. s.
343.03 (1) (a) and
(b) requires that WisDOT institute a classified driver license system that meets all federal standards.
Wisconsin Stat. s.
343.16 (1) (a) requires that WisDOT conduct written and skills tests, and Wis. Stat. s.
343.16 (1) (b) authorizes WisDOT to contract with and use certain Third Party Testers and Examiners in conducting CDL Skills Tests.
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
WisDOT currently estimates that modification to Wis. Admin. Code ch.
Trans 115 will require approximately 500 hours of WisDOT staff time. Other resources necessary to develop the rule include: consultation and discussions with the general public, other impacted state and federal agencies, the Wisconsin Legislature, and the Governor's Office.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The following entities may be affected by the proposed rule:
• All persons who obtain CDL skills testing through a Third Party Tester;
• All Third Party Testers and Examiners that conduct CDL skills tests;
• Any state agency that employs Commercial Motor Vehicle operators or that conducts training or testing of applicants for CDL's.
• The United States Department of Transportation's Federal Motor Carrier Safety Administration, to the extent that it is authorized to review and determine whether WisDOT has complied with the CMVSA.
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
Of import,
49 C.F.R. parts 383 and
384 establish minimum standards for the required tests, testing, standards, and monitoring of issuance of CDLs in accordance with the CMVSA. Unlike the applicable provisions of
49 C.F.R. parts 383 and
384, Wis. Admin. Code ch.
Trans 115 does not currently:
• Assign the Federal Motor Carrier Safety Administration (“FMCSA") as the federal agency responsible for enforcing the FMCSRs;
• Identify information concerning who is eligible to conduct CDL tests for a driving school;
• Identify the conditions for which a Third Party Tester is granted testing authority;
• Identify the method that Third Party Testers must use to report CDL skills test results to the states;
• Identify the number of tests a Third Party Tester must administer each year to maintain their testing authority;
• Provide a timeframe in which a prospective Third Party Examiner must be free of felony convictions from the it applies for Third Party Examining authority;
• Identify the number of tests the Third Party Examiner must conduct each year to maintain their Third Party Examining authority;
• Identify the frequency with which WisDOT is required to conduct an onsite audit or inspection of a Third Party Tester;
•
Identify the method WisDOT must use to determine the effectiveness of a Third Party testing program;
•
Identify the type and amount of insurance a Third Party Tester must maintain to retain Third Party Tester authority;
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
At this time, WisDOT anticipates that updates to the existing Wis. Admin. Code ch.
Trans 115, which are expected to include modifications that reflect existing state and federal law, will have an indeterminate economic impact. Until the rule is actually drafted, determining the economic impact of the rule is difficult.
9. Contact Person
Jim Miller
Wisconsin Department of Transportation
Division of Motor Vehicles, Bureau of Field Services
(608) 266-2743
