The Iowa Board of Sign Language Interpreters and Transliterators is responsible for enforcement of the licensee rules. The board may sanction a licensee upon finding that he or she has committed, among other things, various types of fraud and fraudulent activities, professional incompetency, practice outside the scope of the profession, untruthful advertising, habitual intoxication or addiction to drugs, failure to pay costs assessed in any disciplinary proceeding, or failure to comply with a board order. 645 Iowa Admin. Code 363.2(1) – (31).
The board may impose a range of sanctions including: revocation or suspension of a license, additional education and training, civil penalties not exceeding $1,000, or a citation or warning. 645 Iowa Admin. Code 363.3.
Michigan:
Michigan's Deaf Persons' Interpreters Act requires sign language interpreters to become registered with the state as “qualified interpreter[s]." The Act, codified at ss.
393.501-509, Michigan Compiled Laws (MCL), defines “qualified interpreter" as “a person who is certified through the National Registry of Interpreters for the Deaf [(NRID)] or certified through the state by the [Division of Deaf and Hard of Hearing (DODHH)]." MCL s.
393.502 (f). The Act mandates that in all situations in which state or federal law requires accommodations for a deaf person, the interpreter shall be a “qualified interpreter." MCL s.
393.503a. Section
393.508b, MCL, makes it a misdemeanor for any individual to falsely represent him or herself as qualified under the Act. An individual applying for registration as a qualified interpreter, or an individual already so certified, who violates the Act is subject to application denial, or revocation, suspension, or limitation of his or her certification. MCL ss.
393.508b (2) (a),
(b).
Michigan Legislature - Act 204 of 1982
The Act also provides that DODHH, with advice from the Michigan Department of Education, shall promulgate rules to govern application procedures, certification testing, revocation, suspension, or limitation of certification, registration renewal, minimum credential requirements and levels, continuing education, minimum standards of practice, and grievances. MCL s.
393.508a (1). DODHH has drafted such rules, but they have yet to be promulgated. The rules draft is available at
http://www.michigan.gov/documents
/dleg/DELEG_CDC_QualifiedInterpreter_315325_7.pdf. Other information related to registration of sign language interpreters in Michigan is available at
MDCD - Commission for Disability Concerns.
Minnesota:
Minnesota does not regulate sign language interpreters other than those employed in schools and by courts. Minn. Stats. ss. 122A.31, Minn. Court Rule 8. Wisconsin specifically exempts those two categories of interpreters when they are licensed by the Department of Public Instruction as an educational interpreter and certified by the supreme court to act as a qualified interpreter in court proceedings, under s.
885.38(2), Stats., respectively.
Summary of factual data and analytical methodologies
The Sign Language Interpreters Council used the NAD-RID Code of Professional Conduct, as required by statute, as a starting point for creating the rules regarding the sign language interpreter's code of conduct. The council met several times to discuss the NAD-RID standards and modifications to those standards to specifically meet the needs of Wisconsin interpreters and Wisconsin residents. The Council then provided its recommendations to the department. Such recommendations were reviewed and considered by the Secretary of the Department. Changes were made to the recommended code of conduct and approved by the Secretary.
Under s.
440.032 (6) (d), Stats., the council is responsible for promulgating rules regarding licensure exemptions for state residents. Membership in the council is as follows: five (5) deaf or hard of hearing individuals who have used sign language interpreting services, two (2) active sign language interpreters, and one individual not deaf or hard of hearing who has obtained sign language interpreting services for another. Wis. Stat. s.
15.407 (9). Based on the new licensure requirements and the council members' collective experience, the council formulated state-resident exemption criteria that will ensure the minimal competence of an unlicensed interpreter and the safety of consumers of such services.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact report
The department finds that this rule will have no significant effect on small business.
Effect on Small Business
These proposed rules will be reviewed by the department's Small Business Review Advisory Committee to determine whether the rules will have any significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
Small business regulatory coordinator
The Department's Regulatory Review Coordinator may be contacted by email at
john.murray@wisconsin.gov, or by calling (608) 266-8608.
Fiscal Estimate
The department estimates that this rule will require staff time in the Division of Enforcement. The total on-going salary and fringe costs are estimated at $47,400.
Private sector fiscal analysis
The department finds that this rule will have no significant fiscal effect on the private sector.
Agency Contact Person
Kris Anderson, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-2385; email at
kristine1.anderson@wisconsin.gov.
Notice of Hearing
Regulation and Licensing
Chiropractic Examining Board
NOTICE IS HEREBY GIVEN that pursuant to the authority vested in the Chiropractic Examining Board, the board will hold a public hearing at the time and place indicated below to consider an order of the board to adopt amendments to Wis. Admin. Code Chapter
Chir 5, which amendments will implement the provisions of
2009 Wis. Act 28, relating to continuing education requirements for chiropractic radiological technicians and chiropractic technicians, and to update provisions related to continuing education for chiropractors.
Hearing Information
Date and Time Location
April 27, 2011 Room 121A
Wednesday 1400 East Washington Avenue
at 9:00 A.M. Madison, WI 53703
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Even if appearing at the hearing in person, you are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Chiropractic Examining Board at the Department of Regulation and Licensing, Division of Board Services, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by the date and time of the hearing to be included in the record of rule-making proceedings.
Submittal of Written Comments
Comments may be submitted to Kristine Anderson, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 E. Washington Ave., Room 152, P.O. Box 8935, Madison, WI 53708-8935, or by email to
kristine1.anderson@wisconsin.gov. Comments must be received on or before 8:30 a.m. on
April 27, 2011 to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Kris Anderson, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
Kristine1.Anderson@wisconsin.gov.
Analysis Prepared by the Department of Regulation and Licensing
Statute(s) interpreted
Statutory authority
Explanation of agency authority
Plain language analysis
This proposed rule-making modifies continuing education requirements for license renewal for chiropractors, chiropractic radiological technicians and chiropractic technicians. It also modifies the criteria for the approval of continuing education programs.
SECTION 1 amends the title of s.
Chir 5.01, changing it from “Continuing education requirements for license renewal" to “Continuing education requirements for credential renewal."
SECTION 2 amends s.
Chir 5.01 (1) (a) to change the ending date of a 2 year license registration period from January 1 of each odd-numbered year to December 14 of each even-numbered year.
SECTION 4 creates ss.
Chir 5.01 (1g) (a) and
(b). Paragraph (a) requires chiropractic radiological technicians to complete at least 12 continuing education credit hours during every 2-year registration period ending on December 14 of each even-numbered year. It further specifies that a chiropractic radiological technician who has received an initial certificate during a licensing biennium is not required to satisfy the continuing education requirement for the rest of that biennium.
Paragraph (b) allows the chiropractic examining board to waive, either fully or partially, or to postpone a chiropractic radiological technician's continuing education requirements in cases of hardship.
SECTION 5 creates ss.
Chir 5.01 (1r) (a) and
(b). Paragraph (a) requires chiropractic technicians to complete at least 6 continuing education credit hours during every 2-year registration period ending on December 14 of each even-numbered year. It further specifies that a chiropractic technician who has received an initial certificate during a licensing biennium is not required to satisfy the continuing education requirement for the rest of that biennium.
Paragraph (b) allows the chiropractic examining board to waive, either fully or partially, or to postpone a chiropractic technician's continuing education requirements in cases of hardship.
SECTION 6 amends ss.
Chir 5.01 (2) (a) and
(b) to include chiropractic radiological technicians and chiropractic technicians within the scope of both paragraphs (a) and (b). Paragraph (b) also changes the date, from January 1 of each odd-numbered year to December 14 of each even-numbered year, on or after which continuing education hours will apply to the preceding licensing biennium only.
SECTION 7 amends s.
5.01 (3) to include chiropractic radiological technicians and chiropractic technicians within its scope, and to change the term “renewal of license registration" to “credential renewal."
SECTION 8 amends s.
Chir 5.01 (1) (a) to include colleges with board-approved chiropractic radiological technician and chiropractic technician programs as potential providers of required continuing education courses.
SECTION 10 creates s.
Chir 5.02 (1) (bm), requiring that the subject matter of continuing education programs for chiropractic radiological technicians and chiropractic technicians relate to improving the clinical skills of such practitioners, as applicable.
SECTION 11 amends s.
Chir 5.02 (1) (c) to include chiropractic radiological technicians and chiropractic technicians within its scope.
SECTION 12 amends s.
Chir 5.02 (1) (e) to require that sponsors of continuing education programs for chiropractic radiological technicians and chiropractic technicians ensure their programs' compliance with the requirements of s.
Chir 5.02 (1) (bm).
SECTION 13 creates s.
Chir 5.02 (2) (am), providing that continuing education programs for chiropractic radiological technicians and chiropractic technicians may include subjects other than the clinical skills of such practitioners, but that only those parts of a program related to improving clinical skills, as applicable, will be eligible for credit.
SECTION 14 creates s.
Chir 5.02 (4) (a) 5m., requiring applicants for approval of continuing education programs for chiropractic radiological technicians and chiropractic technicians to include evidence of a program sponsor's verification to the board's satisfaction that the program's subject matter relates to improving the clinical skills of such practitioners. This section also requires such applicants to attach detailed course outlines or syllabi to an application for program approval.
SECTION 15 amends s.
Chir 5.03 (2) to include continuing education programs for chiropractic radiological technicians and chiropractic technicians within its scope.
Comparison with existing or proposed federal regulations
There is no existing or proposed federal regulation addressing the subject matter of this proposed rule-making.
Comparison with similar rules in adjacent states
Illinois:
Illinois does not regulate chiropractic radiological technicians or chiropractic technicians.
Iowa:
Iowa does not regulate chiropractic radiological technicians or chiropractic technicians.
Michigan:
Michigan does not regulate chiropractic radiological technicians or chiropractic technicians.
Minnesota:
Minnesota does not regulate chiropractic radiological technicians or chiropractic technicians.
Summary of factual data and analytical methodologies
The Chiropractic Examining Board used the current continuing education rules governing Chiropractors as the basis for the continuing education rules to govern Chiropractic Radiological Technicians and Chiropractic Technicians.
The comparison information with the rules in adjacent states was obtained directly from contact with those states and/or a review of their laws. Because Wisconsin is the only jurisdiction regulating Chiropractic Radiological Technicians and Chiropractic Technicians, the comparison to adjacent states provides no insight.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact report
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Effect on Small Business
These proposed rules have been reviewed by the department's Small Business Review Advisory Committee to determine whether the rules will have any significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
Small business regulatory coordinator
The Department's Regulatory Review Coordinator may be contacted by email at
john.murray@wisconsin.gov, or by calling (608) 266-8608.
Fiscal Estimate
The department estimates that this rule will require staff time in the Office of Exams, Division of Board Services and Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $10,960. The total on-going salary and fringe costs are estimated at $9,260.
Private sector fiscal analysis
