Explanation of agency authority
The Department is empowered to promulgate rules interpreting the provision of any statute it enforces or administers pursuant to s.
227.11 (2) (a), Stats. The Department is further authorized by s.
440.03 (7m), Stats., to establish rules regarding credential renewal. Section
440.08 (2) 38g., Stats., is administered by the Department and sets forth the renewal period and fee for home inspectors. Therefore the Department is authorized both generally and specifically to promulgate these proposed rules.
Related statute or rule
None.
Plain language analysis
The sole purpose of this proposed rule is to correct an inconsistency regarding the renewal date for home inspectors. Currently, Wis. Admin. Code s.
SPS 132.05 (1) states the renewal date for home inspectors is January 1, of each odd-numbered year. Section
440.08 (2) 38g., Stats., states that the renewal date is December 15 of each even-numbered year. The statute is controlling. Therefore, the proposed rule seeks to correct Wis. Admin. Code s.
SPS 132.05 (1) to reflect the correct date. There are no new policies proposed by the rule.
Summary of, and comparison with, existing or proposed federal regulation
None.
Comparison with rules in adjacent states
Illinois: Home inspectors in Illinois may renew their license for a period of 2 years following the expiration date of their original license. 68 Ill. Adm. Code 1410.140 (2012).
Iowa: An internet search revealed no statutes or regulations regarding home inspectors in Iowa.
Michigan: There are no specific renewal dates for home inspectors in Michigan.
Minnesota: An internet search revealed no statutes or regulations regarding home inspectors in Minnesota.
Summary of factual data and analytical methodologies
None.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
This rule will not have any effect on small businesses as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
Greg.Gasper@wisconsin.gov or by calling (608) 266-8608.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis are attached.
Initial Regulatory Flexibility Analysis or Summary
None.
Environmental Assessment/Statement
None.
Agency Contact Person
Shancethea Leatherwood, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone (608) 261-4438; email at
Shancethea.Leatherwood@wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
|
1. Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
2. Administrative Rule Chapter, Title and Number
|
165-SPS 132.05
|
3. Subject
|
Home Inspector Biennial registration
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED X PRO
⍽ PRS
⍽ SEG ⍽ SEG-S
|
|
6. Fiscal Effect of Implementing the Rule
|
⍽ No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
9. Policy Problem Addressed by the Rule
|
The proposed rule seeks to correct the biennial renewal date currently within s. SPS 132.05 (1) by substituting January 1 of each odd numbered year with December 15 of each even –numbered year.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
This proposed rule was posted on the Department of Safety and Professional Services website and on the Wisconsin government website for 14 business days to solicit comments from the public. No businesses, business sectors, associations representing business, local governmental units, or individuals contacted the department about the proposed rule during that time period.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
No local governmental units participated in the development of this EIA.
|
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
This rule will have no economic or fiscal impact on specific business, business sectors, public utility rate payers, local government units or the state's economy as a whole.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
The benefit of implementing the rule is providing the correct information regarding the home inspector biennial registration date in a manner in which licensees may find the information with ease.
|
14. Long Range Implications of Implementing the Rule
|
Correctly stating information regarding home inspector biennial renewal date.
|
15. Compare With Approaches Being Used by Federal Government
|
None
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
Illinois: Home inspectors in Illinois may renew their license for a period of 2 years following the expiration date of their original license. 68 Ill. Adm. Code 1410.140 (2012).
Iowa: An internet search revealed no statutes or regulations regarding home inspectors in Iowa.
Michigan: There are no specific renewal dates for home inspectors in Michigan.
Minnesota: An internet search revealed no statutes or regulations regarding home inspectors in Minnesota.
|
17. Contact Name
|
18. Contact Phone Number
|
Shawn Leatherwood
|
608-261-4438
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services —
Veterinary Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Veterinary Examining Board in ss.
15.08 (5) (b),
227.11 (2) (a) and
453.03 (1), Wis. Stats., and interpreting s.
453.03 (1), Wis. Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal ss.
VE 1.02 (9) and
7.02 (3) (d); to renumber s.
VE 1.02 (10m),
(11), and
(11m); renumber and amend s.
VE 1.02 (10); to amend ss.
VE 1.02 (3),
7.01 (1),
7.02 (3) (a),
(4) (c),
(8) (c), and
7.03 (1); to repeal and recreate s.
VE 7.03 (2) and
(3); and to create ss.
VE 1.02 (3m),
7.03 (4),
7.06 (24),
(25), and
(26), and
9.05 (13), relating to standards of practice and unprofessional conduct of veterinarians and certified veterinary technicians.
Hearing Information
Date: Wednesday, May 29, 2013
Time: 10:30 a.m.
Location: 1400 East Washington Avenue
Room 121A
Madison, WI
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but 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 Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Place where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Shawn Leatherwood Department of Safety and Professional Services, Division of Policy and Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to
Shancethea.Leatherwood@wisconsin.gov. Comments must be received at or before the public hearing to be held on May 29, 2013 to be included in the record of rule-making proceedings.
Copies of Rule
Copies of this proposed rule are available upon request to Shawn Leatherwood Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at Shancethea.Leatherwood@ wisconsin.gov.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Examining boards are generally authorized by ss.
15.08 (5) (b), and
227.11 (2) (a), Stats., to promulgate rules for their own guidance and for guidance within the profession and to promulgate rules interpreting any statute enforced or administered by it. Section
453.03 (1), Stats., specifically authorizes the Veterinary Examining Board to draft rules relating to current practice within the profession. Therefore, the Veterinary Examining Board is authorized both generally and specifically to draft these rules.
Related statute or rule
Wisconsin Admin. Code section
VE 1.02 and Chapters
VE 7,
8, and
9
Plain language analysis
The Veterinary Examining Board is mandated by s.
453.03 (1), Stats., to review its rules once every 5 years for the purpose of bringing the rules into conformity with current practices within the Veterinarian profession. In so doing, the Board has taken this opportunity to draft provisions covering various topics in its rules. The topics include defining terms such as surgery and advertising, and delineating the information that should be in a patient's records. With regard to patient records the proposed rule specifically proposes to amend ss.
VE 7.03 (1),
(2), and
(3) to reflect items required in the patient records for small animals, farm animals, and equine patients. The proposed rule also gives consideration to advertising as a specialist when one is not properly credentialed to do so.
Summary of, and comparison with, existing or proposed federal regulation
None.
Comparison with rules in adjacent states
Illinois:
Veterinary professionals that fail to maintain medical records in Illinois violate the Standards of Professional Conduct ILL. Admin. Code tit. 68 §1500.50 Medical records may include, but are not limited to: patient identification information, client identification information, dated reason for visit and pertinent history, physical exam findings, and diagnostic, medical, surgical or therapeutic procedures performed. Medical records must be kept for a minimum of 5 years from the last contact with the patient.
Iowa:
Iowa's statutes and administrative rules are silent as to the requirements for medical records.
Michigan:
Michigan requires medical records must be maintained for a minimum of 3 years from the date of the last veterinarian service. Records may be maintained in written, electronic, audio or photographic format. Mich. Admin. Code r. 338.4921 The required information in the medical records includes, but is not limited to, the following: identification of the species of the patient, date of the last veterinary service, name, address, and telephone number of the client, vaccination history if known, and results of the physical examination. Michigan statutes and administrative rules are silent on advertising requirements for Veterinary professionals.
Minnesota:
Minnesota Veterinarians may generate either a written or computer record which details the name, address, and telephone number of the owner, identity of the animals, including age, sex, and breed, date of examination or treatment and surgery, a brief history of the condition of each animal, herd, or flock, examination findings, laboratory and radiographic reports, tentative diagnosis, treatment plan, and medication and treatment. Records must be kept for 3 years after the last visit. Minn. r. 9100.08000 subp. 4
Summary of factual data and analytical methodologies
The Veterinary Examining Board ensures the accuracy, integrity, objectivity and consistency of data were used in preparing the proposed rule and related analysis.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The rule was posted on the Department of Safety and Professional Service's website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from the public regarding the rule.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis are attached.
Initial Regulatory Flexibility Analysis or Summary
None.
Environmental Assessment/Statement
None.
Agency Contact Person
Shawn Leatherwood Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-4438; email at
Shancethea.Leatherwood@wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
|
1. Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
2. Administrative Rule Chapter, Title and Number
|
VE 1.02, 7, 8, 9
|
3. Subject
|
Standards of practice and unprofessional conduct of veterinarians and veterinarian technicians
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED X PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
|
20.165 (1) (g)
|
6. Fiscal Effect of Implementing the Rule
|
⍽ No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
9. Policy Problem Addressed by the Rule
|
This rule does not present a policy problem. The goal of the proposed rule is to modernize outdated provisions in the Veterinary Examining Board's administrative code in order to create consistency between the code as it now exists and current veterinary practice. The proposed rule accomplishes this goal by (1) defining specific terms such as client and surgery, (2) clarifying provisions regarding unprofessional conduct, and (3) enumerating the information that must be contained in individual patient's medical records in s. VE7.03 (2) and VE 7.03 (3).
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
The proposed rule will primarily affect licensed veterinarians and licensed veterinary technicians. The rule was posted on the Department of Safety and Professional Service's website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from the public regarding the rule.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
No local governmental units participated in the development of this EIA.
|
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
This proposed will not have an economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
The main benefit of implementing the proposed rule is to bring relevant Wis. Admin .Code into conformity with current practice within the profession.
|
14. Long Range Implications of Implementing the Rule
|
This rule will provide greater guidance to licensed veterinarians and licensed veterinary technicians in maintaining the ethical standards within their profession.
|
15. Compare With Approaches Being Used by Federal Government
|
N/A
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
Illinois:
Veterinary professionals that fail to maintain medical records in Illinois violate the Standards of Professional Conduct ILL. Admin. Code tit. 68 §1500.50. Medical records may include, but are not limited to: patient identification information, client identification information, dated reason for visit and pertinent history, physical exam findings, and diagnostic, medical, surgical or therapeutic procedures performed. Medical records must be kept for a minimum of 5 years from the last contact with the patient.
Iowa:
Iowa's statutes and administrative rules are silent as to the requirements for medical records.
|
Michigan:
Michigan requires medical records must be maintained for a minimum of 3 years from the date of the last veterinarian service. Records may be maintained in written, electronic, audio or photographic format. Mich. Admin. Code r. 338.4921. The required information in the medical records includes, but is not limited to, the following: identification of the species of the patient, date of the last veterinary service, name, address, and telephone number of the client, vaccination history if known, and results of the physical examination.
Minnesota:
Minnesota Veterinarians may generate either a written or computer record which details the name, address, and telephone number of the owner, identity of the animals, including age, sex, and breed, date of examination or treatment and surgery, a brief history of the condition of each animal, herd, or flock, examination findings, laboratory and radiographic reports, tentative diagnosis, treatment plan, and medication and treatment. Records must be kept for 3 years after the last visit. Minn. r. 9100.08000 subp. 4
|
17. Contact Name
|
18. Contact Phone Number
|
Shawn Leatherwood
|
608-261-4438
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services —
Veterinary Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Veterinary Examining Board in ss.
15.08 (5) (b),
227.11 (2) (a), and
453.03 (1), Wis. Stats., and interpreting s.
453.03 (1), Wis. Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal ss.
VE 2.04 and
3.05(1) (a); to renumber s.
VE 5.03 (1) (e); to renumber and amend s.
VE 3.05 (1) (b); to amend ss.
VE 3.01 (2),
3.05 (5), and
4.01 (2) (a) and
(3); and to create s.
VE 5.03 (1) (b), relating to licensure, temporary permits, and examinations.
Hearing Information
Date: Wednesday, May 29, 2013
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
Room 121
Madison, WI
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but 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 Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Place where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Shawn Leatherwood Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to
Shancethea.Leatherwood@wisconsin.gov. Comments must be received at or before the public hearing to be held on May 29, 2013 to be included in the record of rule-making proceedings.
Copies of Rule
Copies of this proposed rule are available upon request to Shawn Leatherwood Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
Shancethea.Leatherwood@wisconsin.gov.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
