Scope statements
Dentistry Examining Board
Subject
The board intends to clarify the requirements for applications by dentists licensed in other states, territories, and countries that hold degrees from non-accredited dental schools. Currently, the rules allow a graduate of a foreign trained dentistry program that is not accredited to be evaluated for education equivalency through an evaluation program approved by the board. However, the board has determined there is no such program available to adequately evaluate the didactic and clinical training of foreign trained dentists. In order to ensure educational equivalency exists between the graduates of accredited and non-accredited dental schools, the board intends to require graduates of a foreign trained dentistry program that is not accredited seeking licensure in Wisconsin to attend an accredited dental school in the United States or Canada for a minimum of 2 years and graduate with a doctor of dental surgery or a doctor of dental medicine degree, or attend an accredited dental school in a country other than the United States or Canada and graduate with a degree from that school.
Policy Analysis
Objective of the rule. To ensure that all applicants meet the educational standards required of graduates of DDS or DMD accredited educational programs.
Existing Policies Relevant to the Rule, New Policies Proposed and Analysis of Policy Alternatives.
Until July 2, 2003, the board relied on the Marquette University School of Dentistry to provide a program to meet the need for the evaluation of didactic and clinical training of graduates of dental schools that are not accredited. At the request of the Marquette University School of Dentistry the evaluation program was discontinued and due to the unavailability of a board approved evaluation program, the board ceased licensing of foreign trained dentists. The board subsequently began a search for other acceptable programs. Several denials were challenged at the administrative hearing level and are at this time pending before the board. At the March 1, 2006 board meeting, the board voted to require that foreign trained graduates seeking licensure in Wisconsin attend an accredited dental school in the United States or Canada for a minimum of 2 years and graduate with a doctor of dental surgery or a doctor of dental medicine degree, or attend an accredited dental school in a country other than the United States or Canada and graduate with a degree from that school.
Comparison with federal regulations
There is no existing or proposed federal regulation.
Statutory authority
Entities affected by the rule
Applicants for dental licenses who have graduated from non-accredited dental schools.
Staff time required
300 hours.
Financial Institutions - Banking
Subject
Section DFI—Bkg 80.68 relating to nonjudicial enforcement and surrender of collateral.
Policy Analysis
The objective of the rule is to amend s. DFI—Bkg 80.86. The purpose of this rule is to bring s. DFI—Bkg 80.68 into conformity with newly created s.
425.206 (1) (d), Stats. Under the current s. DFI—Bkg 80.68, where a merchant request or demands the return of collateral, after providing the customer with notice of default and opportunity to cure as required by s.
425.105, Stats., a release of the collateral by the customer is not a surrender under ss.
425.204 (3) and
425.206 (1), Stats., if the merchant fails to provide a notice to the customer which clearly informs the customer of the right to a hearing on the issue of default before any repossession.
2005 Wisconsin Act 255, s.
8 created s.
425.206 (1) (d), Stats. This statute section provides that notwithstanding any other provision of law, no merchant may take possession of collateral or goods subject to a consumer lease in this state except when, for motor vehicle collateral or goods subject to a motor vehicle consumer lease, the customer has not made a demand as specified in s.
425.205 (1g) (a) 3., Stats., and, no sooner than 15 days after the merchant gives the notice specified in s.
425.205 (1g) (a), Stats., the merchant has taken possession of the collateral or goods in accordance with s.
425.206 (2), Stats. The rule amends s. DFI—Bkg 80.68 to incorporate the provisions of s.
425.206 (1) (d), Stats. The rule provides that where a merchant requests or demands the return of collateral, after providing the customer with notice of default and opportunity to cure as required by s.
425.105, Stats., a release of the collateral by the customer is not a surrender under ss.
425.204 (3) and
425.206 (1), Stats., if the merchant fails to provide a notice to the customer which clearly informs the customer of the right to a hearing on the issue of default before any repossession unless the creditor has perfected its right to repossession under s.
425.206 (1) (d), Stats.
Statutory authority
Staff time required
100 hours.
Entities affected by the rule
Creditors taking motor vehicles as collateral and lessors of motor vehicles.
Financial Institutions - Banking
Subject
Rules relating to any person licensed under s.
138.09, Stats., and operating as a pawnbroker.
Policy Analysis
The objective of the rule is to repeal and recreate ch. DFI—Bkg 77. Currently ch. DFI—Bkg 77 relates to the “Consumer Credit Review Board." However, this chapter is no longer necessary and should be repealed because this board was legislatively abolished. Currently pawnbrokers are subject to regulation under s.
138.10, Stats. However,
2005 Wisconsin Act 158 provides that, effective October 1, 2006, if a pawnbroker registers as a licensed lender under s.
138.09, Stats., the pawnbroker is exempt from the requirements of s.
138.10, Stats. The purpose of this rule is to set forth, in the recreated ch. DFI—Bkg 77, matters pertaining to the regulation of pawnbrokers, including definitions, hours and days of operation, holding periods, law enforcement requests, sales notices, effect of nonredemption, extensions and prohibited practices.
Statutory authority
Staff time required
250 hours.
Entities affected by the rule
Pawnbrokers.
Comparison with federal regulations
None.
Health and Family Services
Subject
The Department of Health and Family Services proposes to revise ch.
HFS 37, relating to information to be provided to foster parents.
Policy Analysis
Sections
48.371 and
895.485, Stats., require the Department to provide specified information to a variety of persons responsible for providing care and maintenance to children placed in out-of-home care. While s.
895.485 speaks specifically to children placed in foster homes, treatment foster homes, and family-operated group homes, s.
48.371 is broader and includes all group homes and residential care centers for children and youth. In addition, s.
48.371 was revised by
2005 Wisconsin Act 232 to include relatives with whom the child is placed by the child welfare agency or court.
During the Child and Family Services Review (CFSR) of the Wisconsin child welfare system conducted by the federal Administration for Children and Families (ACF), a federal agency funding state, territory, local, and tribal organizations to provide family assistance (welfare), child support, child care, Head Start, child welfare, and other programs relating to children and families, federal reviewers identified the need to provide greater assessment of a child's needs, to provide that information to caregivers providing services to children, and to establish plans for caregivers to follow in case of a crisis or emergency with a foster child.
In response to the findings, the Department developed a Program Enhancement Plan (PEP), which was approved by ACF. In the Program Enhancement Plan, the Department agreed to enhance the information to be provided to physical custodians, particularly the information contained in Appendix B to ch.
HFS 37. There are no federal regulations regarding the specific information to be provided to physical custodians at the time a child is placed in their care.
Under the proposed revisions to ch.
HFS 37, the Department intends to revise Appendix B to the chapter to provide a minimal increase in the type of information to be gathered, to create a more logical organization of the information in the appendix, to establish a specific section of the appendix relating to an emergency response plan (which essentially focuses information already required in the appendix), and to include tribal contact information. In addition, ch.
HFS 37 will also be revised slightly to reflect current statutory requirements.
Members of the general public that will be affected by the rule are children and families.
Statutory authority
The Department's authority to promulgate this rule is found at ss.
895.485 (4) (a) and s.
227.11 (2), Stats. In addition, the general authority under s.
48.48 (16), Stats., applies.
Staff time required
It is anticipated that approximately 40 to 50 hours of staff time will be required for the revision, review, and editing of the amended rule. In addition, members of the PEP Out-of-Home Care Committee that was established as part of the Program Enhancement Plan (PEP) will participate in the revision process. Entities that will be affected will also be active participants in the revision process.
Entities affected by the rule
The rule will have a direct impact on the Department, including the Bureau of Milwaukee Child Welfare (BMCW), county human and social services agencies, and licensed child welfare agencies.
Comparison with federal regulations
There is not a specific requirement in federal law that mandates the provision of this information, although we interpret s. 471(a)(24) of Title IV-E of the Social Security Act to require that a provider of out-of-home care for children subject to those provisions be provided such information about a child placed in care. Authority for the Child and Family Services Review is located at
45 CFR Part 1355.
