CR 14-065 Rule Text

STATE OF WISCONSIN

Podiatry Affiliated Credentialing Board

IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE

PODIATRY AFFILIATED CREDENTIALING BOARD

ORDER OF THE PODIATRY AFFILIATED CREDENTIALING BOARD

ADOPTING RULES

(CLEARINGHOUSE RULE14-065)

ORDER

An order of the Podiatry Affiliated Credentialing Board to amend Pod 4.01 and 4.03(2), relating to biennial registration of podiatrists.

Analysis prepared by the Department of Safety and Professional Services.

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Statutes interpreted:

Section 448.65 (2), Stats.

Statutory authority:

Sections 15.085 (b), 227.11 (2) (a) and 448.65 (2), Stats.

Explanation of agency authority:

Affiliated credentialing boards such as the Podiatry Affiliated Credentialing Board have the authority to promulgate rules that provide guidance within their profession pursuant to s. 15.085 (b), Stats. Boards are also authorized by s. 227.11 (2) (a), Stats., to set forth rules interpreting the provisions of any statute it enforces or administers. Section 448.65 (2), Stats., is administered by the Podiatry Affiliated Credentialing Board and provides guidance in the profession with regards to the requirements for podiatrists seeking renewal of their credential. The proposed rule seeks to amend the rules regarding renewal of a podiatrist’s credential. Therefore, the Podiatry Affiliated Credentialing Board is empowered both generally and specifically to promulgate the proposed rules.

Related statute or rule:

Section 440.08 (2) (a) 60, Stats.

Plain language analysis:

The sole purpose of this proposed rule is to correct an inconsistency regarding the renewal date for podiatrists. Currently, s. Pod 4.01 and 4.03 state the renewal date for podiatrists is November 1 of each odd-numbered year while s. 440.08 (2) (a) 60, Stats., states that the renewal date is November 1 of each even-numbered year. The statute is controlling. Therefore, the proposed rule seeks to correct s. Pod 4.01 and 4.03 to reflect the correct date. There are no new policies proposed by the rule.

Summary of, and comparison with, existing or proposed federal regulation:

None.

Comparison with rules in adjacent states:

Illinois: Licenses issued in Illinois expire on January 31st of each odd-numbered year. A podiatrist may renew their license during the month preceding the expiration date. Ill. Admin. Code tit. 68 §1360.55 a).

Iowa: Biennial license renewal for podiatrists is June 30th of each even-numbered year. Iowa Admin. Code r. 645-220.09 (1).

Michigan: Licensees must renew on an annual basis. Mich. Admin. Code R 338.3701.

Minnesota: The renewal term begins on July 1st in odd-numbered years for a licensee whose license number is an odd number and in even-numbered years for a licensee whose license number is an even number. Minn. Rules. 6900.0200.

Summary of factual data and analytical methodologies: