Psychology Examining Board
Subject:
Psy Code - Relating to defining the terms “working day” and “in this state” for the purposes of the temporary practice provision found at s. 455.03, Stats.
Description of policy issues:
Objective of the rule:
Under s. 455.03, Stats., a psychologist who is licensed in another state may offer services as a psychologist in this state for not more than 60 working days in any year without holding a Wisconsin license. The objective of the rule would be to clarify that a “working day” is any day in which any psychological services are provided, regardless of the number of hours in that day that practice occurs. The rule would also make it clear that practice occurs in Wisconsin any time that the patient is located in Wisconsin, even if the out-of-state psychologist is located in his or her state of licensure and is providing the services by electronic or telephonic means.
Policy analysis:
There has been confusion in the past related to the temporary practice provision of the psychology practice act, with persons practicing under the provision seeking to clarify whether “60 working days” means 4870 hours or 60 calendar days. Also causing confusion is the situation where an out-of-state psychologist provides some services to a patient at a time when both are located within this state and some services to that patient when the patient is located in Wisconsin and the psychologist is located in his or her state of licensure. The proposed rule would be considered to be practicing in Wisconsin any time the patient is located in this state.
Statutory authority:
SS. 15.08 (5) (b), 227.11 (2) and 455.08, Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
50 hours.
Workforce Development, Dept. of
(Labor Standards, Chs. DWD 270-279)
Subject:
SS. DWD 270.085 and 272.086 - Relating to student activities that do not constitute employment.
Description of policy issues:
Objective of the rule:
The objective of the proposed rule is to set certain conditions under which student activities within a school are not considered employment for purposes of child labor and minimum wage laws.
Existing policies and new policies included in the proposed rule and an analysis of policy alternatives:
The current state administrative rules on labor standards and child labor do not contain specific provisions on the status of students who perform services such as helping in the lunchroom or minor clerical work in the school office or library. The field operations handbook of the Wage and Hour Division of the U.S. Department of Labor provides that student activities of this type should not be treated as employment under the wage and hour laws as long as certain conditions are met.
This rule proposes to adopt the federal standards and provide that a student activity will not be treated as employment if the activity has an educational benefit for the student, does not add more than one hour to the school day, and does not cause the displacement of a regular employe.
Statutory authority for the proposed rule:
SS. 103.66 and 104.04, Stats.
Estimate of the amount of time employes will spend developing the proposed rule and of other resources needed to develop the rule:
Approximately 40 hours.
Submittal of Rules to Legislative Council Clearinghouse
Notice of Submittal of Proposed Rules to
Wisconsin Legislative Council Rules Clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade & Consumer Protection
Rule Submittal Date
On October 29, 1999, the Wisconsin Department of Agriculture, Trade and Consumer Protection referred a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed rule affects ch. ATCP 81, Wis. Adm. Code, relating to cheese grading, packaging and labeling.
Agency Procedure for Promulgation
The Department will hold public hearings on this rule after the Wisconsin Legislative Council Rules Clearinghouse completes its review. Three (3) hearings are scheduled to be held simultaneously by videoconferencing on Thursday, December 9, 1999 from 1:00 p.m. to 3:00 p.m. at locations in Madison, Green Bay and Eau Claire. The Department's Food Safety Division is primarily responsible for this rule.
Contact Information
If you have questions, you may contact:
Terri Wenger
Telephone (608) 224-4714
FAX (608) 224-5045
Crime Victims Rights Board
Rule Submittal Date
Notice is hereby given that the Crime Victims Rights Board has submitted proposed administrative rules to the Legislative Council on October 29, 1999.
Analysis
These proposed rules create ch. CVRB 1, relating to the review of complaints alleging violations of the rights of crime victims. The Crime Victims Rights Board promulgated these proposed rules initially as emergency rules. The emergency rules were published in the Wisconsin State Journal on September 17, 1999.
Agency Procedure for Promulgation
A public hearing is required on these rules. Pursuant to s. 227.24 (4), Stats., a hearing on the emergency and permanent rules will be held on Tuesday, November 9, 1999 at 1:00 p.m. in Senate Room 330SW, State Capitol, Madison. The proposed rules were prepared by the Crime Victims Rights Board with assistance from staff at the Wisconsin Department of Justice.
Contact Information
Questions about the proposed rules should be addressed to:
Karen E. Timberlake
Assistant Attorney General
State of Wis. Dept. of Justice
P. O. Box 7857
Madison, WI 53707-7857
Telephone (608) 267-1300
Questions about the operations of the Board should be addressed to:
Jennifer Belich, Program Assistant
Crime Victims Rights Board
P. O. Box 7951
Madison, WI 53707-7951
Telephone (414) 525-1698
Elections Board
Rule Submittal Date
On October 26, 1999, the State Elections Board referred a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed rule amends s. ElBd 1.28 (2) (c), Wis. Adm. Code, relating to express advocacy in public communications.
Agency Procedure for Promulgation
A public hearing is not required. The Elections Board is following the 30-day notice procedure, under s. 227.16 (2) (e), Stats., for the promulgation of this rule.
Contact Information
For questions, please contact:
