None.
Plain language analysis: The rule revises ch. SPS 6 to allow for the summary limitation of credentials. The rule also revises ch. SPS 8 to allow for the issuance of administrative warnings for minor violations regardless of whether the minor violation was a first offense. Summary of, and comparison with, existing or proposed federal regulation:
None.
Summary of public comments and feedback on the statement of scope:
A preliminary public hearing on scope was held on July 12, 2019. No comments were received.
Comparison with rules in adjacent states:
Illinois:
The Illinois Division of Professional Regulation of the Department of Financial and Professional Regulation has the authority “to revoke, suspend, refuse to renew, place on probationary status, or take other disciplinary action as authorized in any licensing Act administered by the Department with regard to those licenses, certificates, or authorities.” (20 ILCS 2105-15 (a) (5)). There is no specific provision for summary suspension or limitation, or the issuance of administrative warnings.
Iowa:
Iowa allows a board to suspend a license “in whole or in part, order the cessation of any continuing activity, order affirmative action, or take other action within the jurisdiction of the board by emergency adjudication order.” (IAC 193-7.36). Iowa administrative code does not specifically provide for administrative warnings.
Michigan:
The Michigan Administrative Procedures Act allows for summary suspension of a license upon a finding that the public health, safety, and welfare requires emergency action. It does not specifically provide for summary limitation of a credential. (MCL 24.292 (2)). Michigan law does not expressly allow for administrative warnings.
Minnesota:
Health-related licensing boards must issue an order temporarily suspending a licensee’s authority to practice when a complaint is received and supported by probable cause to believe the regulated person has violated a statute or rule that the health-related licensing
board is empowered to enforce, and continued practice by the regulated person presents an imminent risk of serious harm. (Minn. Stats. 214.077). It does not appear that other licensing boards or agencies in Minnesota have this authority, nor does it appear that administrative warnings are specifically provided for.
Summary of factual data and analytical methodologies:
Agency staff reviewed the statutory changes enacted by 2017 Wisconsin Act 328 and revised chs. SPS 6 and 8 to bring the rules into compliance with the new statutory requirements. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rule was posted for 14 days to receive public comment on economic impact. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in
Agency contact person:
Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-266-0955; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received on or before the hearing scheduled for 11:00 AM on October 1, 2019 to be included in the record of rule- making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
SECTION 1. SPS 6.01 (2) is amended to read:
SPS 6.01 (2) The intent of the department in creating this chapter is to specify uniform procedures for summary suspension or limitation of licenses, permits, certificates or registrations issued by the department or any board attached to the department in circumstances where the public health, safety or welfare imperatively requires emergency action.
SECTION 2. SPS 6.02 is amended to read:
SPS 6.02 Scope. This chapter governs procedures in all summary suspension or limitation proceedings against licensees before the department or any board attached to the department. To the extent that this chapter is not in conflict with s. 448.02 (4), Stats., the chapter shall also apply in proceedings brought under that section. SECTION 3. SPS 6.03 (8) is amended to read:
SPS 6.03 (8) “Respondent” means a licensee who is named as respondent in a petition for summary suspension or limitation.
SECTION 4. SPS 6.04 (title), (1), and (2) are amended to read:
SPS 6.04 Petition for summary suspension or limitation.
A petition for a summary suspension or limitation shall state the name and position of the person representing the petitioner, the address of the petitioner, the name and licensure status of the respondent, and an assertion of the facts establishing that the respondent has engaged in or is likely to engage in conduct such that the public health, safety or welfare imperatively requires emergency suspension or limitation of the respondent's license.
A petition for a summary suspension or limitation order shall be signed upon oath by the person representing the petitioner and may be made on information and belief.
SECTION 5. SPS 6.06 (title), (1), and (3) are amended to read:
SPS 6.06 Issuance of summary suspension or limitation order.
(1) If the licensing authority finds that notice has been given under s. SPS 6.05 and finds probable cause to believe that the respondent has engaged in or is likely to engage in conduct such that the public health, safety or welfare imperatively requires emergency suspension or limitation of the respondent's license, the licensing authority may issue an order for summary suspension or limitation. The order may be issued at any time prior to or subsequent to the commencement of a disciplinary proceeding under s. SPS 2.04. (3) The summary suspension or limitation order shall be effective upon service under s. SPS 6.08, or upon actual notice of the summary suspension or limitation order to the respondent or respondent's attorney, whichever is sooner, and continue through the effective date of the final decision and order made in the disciplinary proceeding against the respondent, unless the license is restored under s. SPS 6.09 prior to a formal disciplinary hearing. SECTION 6. SPS 6.07 (title), (1), (2), (5), (6), and (7) are amended to read:
