Scope Statements
Accounting Examining Board
Subject
Revises Chapter Accy 7, relating to certified public accountant education requirements and Chapter Accy 8, relating to endorsement qualifications so as to allow the use of mutual recognition agreements or evaluation services in the evaluation of the educational qualifications of applicants.
Objective of the Rule
To allow the use of mutual recognition agreements or evaluation services in the evaluation of the educational qualifications of applicants.
Policy Analysis
Existing rules relating to educational requirements that applicants need to acquire to obtain licensure can be found in ch. Accy 7. Existing rules relating to endorsement qualifications can be found in ch. Accy 8.
Statutory Authority
Sections 15.08 (5) (b), 15.405 (1), 227.11 (2) and 442.01, Stats.
Entities Affected by the Rule
Applicants for Certified Public Accountant licensure.
Comparison with Federal Regulations
This is not an area which is regulated by federal law or is subject to any proposed federal legislation. The standards for state licensure are regulated by each state.
Estimate of Time Needed to Develop the Rule
100 hours.
Barbering and Cosmetology Examining Board
Subject
Revises Chapters BC 8 and 9, creating continuing education requirements for renewal of a credential for licensees within the jurisdiction of the Barbering and Cosmetology Examining Board.
Policy Analysis
Existing rules relating to the licensure and professional requirements for licensees can be found in Chapters BC 1 to 10.
Statutory Authority
Sections 15.08 (5) (b), 15.405 (17), 227.11 (2) and 454.12, Stats.
Entities Affected by the Rule
Aesthetician and aesthetics instructors, electrologist and electrology instructors, manicurist and manicuring instructors, barbering and cosmetology practitioners, barbering and cosmetology managers, and barbering and cosmetology instructors.
Comparison with Federal Regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Estimate of Time Needed to Develop the Rule
200 hours
Health and Family Services
Community Services, Chs. HFS 30
Subject
Revises Chapter HFS 92, relating to confidentiality of treatment records, and Chapter HFS 94, relating to patient rights and resolution of patient grievances.
Policy Analysis
Chapter HFS 92 implements s. 51.30, Stats., and provides to treatment providers and consumers of mental illness, alcohol or other drug abuse, or developmental disability services, guidance on the confidentiality and release of treatment records. The department created ch. HFS 92 in 1984, and has not revised the rule since its creation.
Since ch. HFS 92 was created, laws and practice relating to the storage and handling of health care records, including mental health treatment records have undergone numerous changes. These changes include the following:
  The eHealth Care Quality and Patient Safety Board was created by Governor Doyle to help develop an ehealth information infrastructure that would support the statewide adoption and exchange of electronic health records.
  The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted by Congress.
  The health care industry, nationwide, expanded the use of technology to maintain, share and access health care information among peers and with consumers for treatment purposes.
  The Wisconsin legislature revised ss. 51.30 relating to the confidentiality of treatment records and 146.81 to 146.84, Stats., relating to the confidentiality of patient health care records, with the most recent changes taking place under 2007 Wisconsin Act 108. Act 108 removes several barriers to electronic health information exchange under chs. 51 and 146, Stats., particularly relating to informed consent for release and disclosure and re-disclosure of health care information.
The department intends to revise ch. HFS 92 to align the rules with the changes that have occurred in regulatory, technological and business environments since the department created the rules in 1984. These changes may include the expansion of chs. HFS 92 and 94 to include rules for patient health care records as that phrase is defined under s. 146.81 (4), Stats. The department also intends to revise ch. HFS 94 to ensure that its provisions, including those concerning notification to clients of rights; informed consent, confidentiality of records, provider system requirements; and rights to files grievances, are in agreement with the changes made to ch. HFS 92.
Statutory Authority
Sections 51.30 (12), 51.61 (5) (b) and (9), and 227.11 (2) Stats.
Entities Affected by the Rule
Providers and consumers of mental illness, alcohol or other drug abuse, or developmental disability services; and other health care providers, patient advocates, and privacy advocates.
Comparison with Federal Regulations
Federal standards for the privacy and security of health information are codified under 45 CFR Parts 160, 162, and 164. These regulations implement the Health Insurance Portability and Accountability Act of 1996 (HIPAA). 45 CFR Part 164, subpart C includes security standards for protection of electronic protected health information. 42 CFR Part 2 are federal regulations relating to the confidentiality of alcohol and substance abuse patient records.
Estimate of Time Needed to Develop the Rule
The department estimates that it will take a cross-functional team approximately 1000 hours to develop the proposed rules through discussion, research, and feedback from stakeholders.
Contact Person
Katie Plona
Office of the Secretary
(608) 266-3262
Natural Resources
Fish, Game, etc., Chs. NR 1
Subject
Revises Chapter NR 27, relating to the removal of trumpeter swans from the list of Endangered Species and the removal of osprey from the list of Threatened Species.
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