Rule Type
Emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until late July of each year. This order is designed to bring the state hunting regulations into conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September, when a number of the migratory bird hunting seasons open. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
2. Detailed Description of the Objective of the Proposed Rule
This emergency rule order will establish the 2014 migratory bird hunting seasons.
3. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
This is an annual rule that will be consistent with a federal framework and is not a change from past policies. Migratory game bird hunting is regulated by the United States Fish & Wildlife Service (USFWS), in
50 CFR part 20, who will offer a final season framework to Wisconsin on approximately August 1, 2014. The State of Wisconsin's season proposal will be based on the federal framework and local conditions. Wisconsin will also not be more restrictive than the federal bag limit framework except that we will propose one less hen mallard in the bag limit if the federal framework allows two or more, consistent with existing Wisconsin rules.
These rules may modify season dates, bag limits, and other regulations for any migratory bird species but in particular ducks and geese. In 2014, the department also anticipates that the USFWS will offer states an option to lengthen the mourning dove hunting season.
The department will consider simplifications to migratory bird hunting regulations that may be identified during this rulemaking process.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The chapter related to wild animals and plants, in s.
29.014, Stats., “rule making for this chapter", establishes that the department shall maintain open and closed seasons for fish and game and any limits, rest days, and conditions for taking fish and game. This grant of rule-making authority allows the department to promulgate rules related to migratory game bird hunting.
Special regulations on the taking of certain wild animals are authorized under s.
29.192, Stats., including specific language that authorizes rules related to Canada goose hunting.
The establishment of migratory game bird refuges is authorized in s.
23.09 (2) (b), Stats., relating to the department's ability to designate locations reasonably necessary for the purpose of providing safe retreats in which birds may rest and replenish adjacent hunting grounds.
Wisconsin's boundary waters with other states are popular waterfowl hunting locations. Specific authority to regulate hunting in and on all interstate boundary waters and outlying waters is established in s.
29.041, Stats.
Sections
23.11 and
29.014, Stats., allow for the protection of natural resources on state lands such as migratory bird refuges, establish general department powers, and authority to establish hunting and trapping regulations on department managed lands.
5. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
Approximately 640 hours will be needed by the department prior to and following the hearings.
6. Description of all Entities that may be Impacted by the Rule
These rules will impact migratory game bird hunters and those who enjoy viewing waterfowl in Wisconsin.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Migratory game bird hunting is regulated by the United States Fish & Wildlife Service (USFWS), in
50 CFR part 20. Under international treaty and Federal law, migratory game bird seasons are closed unless opened annually through the USFWS regulations process. As part of the federal rule process, the service annually evaluates migratory game bird populations and breeding habitat in cooperation with state provincial agencies and the Canadian Wildlife Service. After considering recommendations from the flyway councils of states and the guidance of cooperatively developed harvest strategies, the USFWS establishes annual frameworks within flyway or bird populations regions. States can then establish hunting seasons within the sideboards for each species and region. As a result, the hunting seasons of neighboring states are similar to Wisconsin migratory game bird hunting regulations because they are subject to the same federal frameworks.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impacts are anticipated. The hunting season frameworks proposed in this rule will be comparable to those in place during the previous season. These rules are applicable to individual hunters and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
9. Anticipated Number, Month and Locations of Hearings
The department will hold four public hearings on these emergency rules during the first week of August in four locations spread geographically around the state.
Contact Person
Scott Loomans, 101 S Webster St., Madison, WI 53707, (608) 267-2452,
scott.loomans@wisconsin.gov or Kent Van Horn, Migratory Birds Specialist, 101 South Webster Street, PO Box 7921, Madison, WI 53707-7921, (608) 266-8841,
kent.vanhorn@wisconsin.gov.
Safety and Professional Services —
Chiropractic Examining Board
This statement of scope was approved by the governor on March 7, 2014.
Rule No.
Relating to
Practical exam for chiropractors.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The purpose of this proposed rule is to align current administrative code regulating chiropractors with recent legislation, namely,
2013 Wisconsin Act 20.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2013 Wisconsin Act 20 repealed s. 446.02 (3) (a), Stats., which required applicants for chiropractic credentials to take a practical exam. After removing this requirement, the Legislature replaced the practical exam with a requirement to successfully complete Parts I, II, III and IV of the National Board of Chiropractic Examiners Exam (NBCE Exam). The Legislature set the successful completion score of 438 for Part III and a successful completion score of at least 475 on Part IV. The new statutory provisions also included a grandfathering clause for applicants who had applied on or after January 1, 2012 and the effective date of
2013 Wisconsin Act 20, June 30, 2013. This class of applicants had to have taken the practical exam and had to have achieved a score of 375 or higher on Part III, and Part IV of the NBCE Exam and successfully completed the exam that tests the applicant's knowledge of the laws of this state relating to the practice of chiropractic. Consequently, this proposed rule will revise the pertinent chiropractic rules in Wis. Admin Code as necessary to make them consistent with
2013 Wisconsin Act 20.
4. Detailed Explanation Of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2), Stats., discusses the parameters of an agency's rule-making authority stating an agency, “may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if it exceeds the bounds of correct interpretation." Section
227.01 (1), Stats., defines agency as a board. The Chiropractic Examining Board falls within this definition. Therefore, the Board may promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rule does not exceed proper interpretation of the statute.
Section
446.02 (2) (b), Stats., states that the, “examining board shall promulgate rules establishing educational requirements for obtaining a license . . .". One of the requirements for obtaining a license is the successful completion of the NBCE examination. New legislation has prompted a change in the successful score on the NBCE Exam and the corresponding rule should be amended to reflect that change. Therefore the Board is authorized both generally and specifically to promulgate the proposed rule.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
80 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Persons who are applying for chiropractic credentials.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no existing or proposed federal regulations intended to address the activities to be regulated by this rule.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The Board anticipates that the implementation of this rule will not result in any economic impact on small businesses.
Contact Person
Shawn Leatherwood, (608) 261-4438.
Safety and Professional Services —
Medical Examining Board
This statement of scope was approved by the governor on March 7, 2014.
Rule No.
Relating to
Informed consent.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
3. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
2013 Wisconsin Act 111 impacts Wis. Admin. Code ch.
Med 18 by changing the manner in which Wisconsin physicians discuss alternate modes of treatment with their patients. Before the Act, physicians had a duty to inform their patients of all alternate, viable medical modes of treatment and about the benefits and risks of those treatments. Physicians were held to the reasonable patient standard, espoused by the Wisconsin Supreme Court, which provided physicians were to inform their patients of all information necessary for a reasonable person in the patient's position to make an intelligent decision with respect to the choices of treatment. Since the enactment of
2013 Wisconsin Act 111, physicians have a duty to inform their patients of all reasonable alternate medical modes of treatment and their risks and benefits instead of all alternate, viable medical modes of treatment. The legislation sets forth the reasonable physician standard, which requires disclosure only of information that a reasonable physician in the same or similar medical specialty would know and disclose under the circumstances. The proposed rule would amend Wis. Admin. Code ch.
Med 18 by incorporating the reasonable physician standard into the rule and making all such changes that would make the rule consistent with the statute.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats., provides examining boards, such as the Medical Examining Board, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, . . . " The proposed rule seeks to provide guidance within the profession on how physicians are to conduct their duty to inform patients of alternate modes of treatment.
Section
227.11 (2) (a), Stats., discusses the parameters of an agency's rule-making authority, stating an agency, “may promulgate rules interpreting the provisions of the statute, but a rule is not valid if it exceeds the bounds of correct interpretation . . ." This section allows an agency to promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rule does not exceed proper interpretation of the statute. Section
227.01 (1), Stats., defines agency as a board. The Medical Examining Board falls within the definition of agency and is therefore allowed to apply s.
227.11 (2) (a), Stats., to statutes it administers.
The proposed rule seeks to interpret s.
448.30, Stats., which provides,
Any physician who treats a patient shall inform the patient about the availability of reasonable alternate medical modes of treatment and about the benefits and risks of these treatments. The reasonable physician standard is the standard for informing a patient under this section. The reasonable physician standard requires disclosure only of information that a reasonable physician in the same or a similar medical specialty would know and disclose under the circumstances. The physician's duty to inform the patient under this section does not require disclosure of:
(2) Detailed technical information that in all probability a patient would not understand.
(3) Risks apparent or known to the patient.
(4) Extremely remote possibilities that might falsely or detrimentally alarm the patient.
(5) Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment.
(6) Information in cases where the patient is incapable of consenting.
(7) Information about alternate medical modes of treatment for any condition the physician has not included in his or her diagnosis at the time the physician informs the patient.
Section
448.40 (2) (a), Stats., sets forth the legislature's express grant of authority to the Medical Examining Board to promulgate rules implementing s.
448.30, Stats.
5. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
State employees will spend approximately 50 hours developing this proposed rule.
6. Description of all Entities that may be Impacted by the Rule
The proposed rule will affect licensed physicians, licensed physician assistants and their patients and those persons who hold temporary educational permits to practice medicine and surgery.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
None.
