Relating to
Environmental analysis and review procedures under.
Rule Type
Permanent and emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
This rule is needed as housekeeping to clarify the procedures for the review and analysis of new administrative rules in order to assure that the intent of the ch.
NR 150 revision is being met and potential procedural questions do not invalidate years of work and public engagement on new rules packages. An emergency rule is needed to ensure processing and enactment of rule proposals in a manner that is consistent with past WEPA compliance approaches that have been upheld by the courts.
2. Detailed Description of the Objective of the Proposed Rule
Chapter
NR 150 was revised and went into effect April 1, 2014. The previous version of the code classified most administrative rules as “Type 3 actions", a classification requiring some form of public notice and no additional environmental analysis as part of the formal rules process.
The rule changes would be simple editorial changes to clarify that emergency rules are “minor actions" requiring no additional environmental analysis, and that the process for developing permanent rules are “equivalent analysis actions". These changes would more clearly outline the required review process for administrative rules. Additional changes to clarify publication requirements, WEPA compliance determinations for various permits and plan approvals and other housekeeping changes, consistent with the intent of the rule, as presented to the public and approved by the NRB, may also come to light as implementation of the new rule progresses.
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
The rule change would clarify what was intended and what was presented to the public through the Natural Resources Board process for development of the current ch.
NR 150.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department is responsible for compliance with department rules and procedures pursuant to s.
1.11, Stats., and s.
227.11, Stats., provides rule authority
Pursuant to s.
227.24 (1) (a), Stats., the department finds that putting this rule into effect prior to the time it would take effect using the permanent rule process is necessary to ensure that the department and public time involved in lengthy rule processes for current rules is not compromised by a confusing definition in ch.
NR 150.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
8 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
It is anticipated that no entities shall be affected by the proposed rule. This clarifies internal procedures for rules development.
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
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None.
9. Anticipated Number, Month and Locations of Public Hearings
The Department anticipates holding one public hearing in the month of September 2014.
The Department will hold this hearing in Madison to seek public comment on the housekeeping changes to the rule.
Contact Person
James Pardee, 608-266-0426.
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
Rule Type
Permanent.
1. Finding/nature of the emergency (Emergency Rule only).
N/A.
2. A Description of the Objective of the Proposed Rule
This proposed rule change will modify ch.
PI 17 as a result of the statutory changes made in
2013 Wisconsin Act 257. Any other changes to ch.
PI 17 that are needed to align ch.
PI 17 with current statutes will also be made.
3. A description of the Existing Policies and New Policies Included in the Proposed Rule and an Analysis of Policy Alternatives
4. The Statutory Authority for the Proposed Rule
Under ss.
227.11 (2) (a) (intro) and
121.14, Stats., the Department is authorized to establish criteria for summer school classes and interim session classes receiving state aid. Section
121.14 (1) (a), Stats., provides specific rulemaking authority as follows:
121.14 State aid for summer classes and interim session classes
(1) (a) State aid shall be paid to each district or county children with disabilities education board for all of the following:
1. Subject to par. (b), those academic summer classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.
2. Subject to par. (b), for a school district or county children with disabilities education board that provides year-round school, those interim session classes or laboratory periods that are for necessary academic purposes, as defined by the state superintendent by rule.
5. An Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminate.
6. A Description of all of the Entities that will be Affected by the Proposed Rule
School districts may be impacted by this rule.
7. A Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that Addresses or is intended to Address the Activities to be Regulated by the Proposed Rule
N/A.
Agency contact:
Policy and Budget Team
ATTN: Katie Schumacher
Safety and Professional Services —
Dentistry Examining Board
This statement of scope was approved by the governor on May 8, 2014.
Rule No.
Chapters
DE 2,
5, and
6 (revise).
Relating to
Pathway to licensure for foreign-trained applicants for licensure as dentists.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The primary intent of this proposed rule is
to revise and clarify the pathway to licensure for foreign-trained applicants. In reviewing applications from individuals whose education was obtained other than from an accredited U.S. or Canadian dental school, the Credentialing Committee of the Dentistry Examining Board (the Board) determined that eligibility for application for licensure in Wisconsin was inconsistent with eligibly requirements of most states in the upper mid-west.
Research was further conducted of the rules for a number of mid-western states; it was determined that Wisconsin standards, which changed in 2007, were now perceived as the weakest of the states surveyed. While Wisconsin requires the passage of a clinical exam for these applicants and additional training (one year AGD or GPR), these requirements are no longer considered equivalent to obtaining a DDS/DMD degree via the traditional degree route in Wisconsin.
Requirements will be established for both initial licensure and endorsement for foreign-trained applicants. Typographical errors, formatting, and other corrections, such as definitions, will be made where appropriate, as well as needed cross references in other chapters in this series.
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
After 2007, a new provision for initial licensure that applied only to foreign-trained applicants was created. The provisions qualified a foreign-trained dentist eligible to apply for a Wisconsin license if he or she submitted to the Board evidence of graduation from a non-U.S. or Canadian accredited dental school and evidence of the successful completion of an accredited postgraduate program in advanced education in general dentistry or an accredited general dental practice residency. In addition, a foreign-trained dentist must submit the same information required of non-foreign trained dentists listed in s.
DE 2.01 (1) (a) to
(d),
(f), and
(g) prior to initial application.
Like Wisconsin, a number of adjacent states — Illinois, Indiana, Iowa, Ohio, Michigan, and Minnesota — all require a degree (DDS or DMD) from a U.S. or Canadian accredited dental school. Unlike Wisconsin and except for Minnesota, these states also require a minimum of a 2-year specialty program. Iowa allows either the degree (DDS or DMD) or a 2 yr-IDP (undergrad). In lieu of the 2-year specialty program, Wisconsin allows the one-year AGD or GPR training.
Regionally, Wisconsin is perceived as having some of the weakest rules where foreign-trained applicants come to obtain licensure. This route to licensure affects the number of `seats' available to applicants with degrees, education and training from ADA CODA (American Dental Association — Commission on Dental Accreditation) institutions. For example, Marquette University Dental School requires foreign-trained dentists who were trained in countries outside the United States and Canada, but wish to apply for advanced standing admission, are required to complete three-years of training before a DDS degree is conferred. As with all applicants, these applicants are admitted on a space-available basis.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
“Dentistry examining board. (2)The examining board shall promulgate rules specifying all of the following:
(b) The standards, conditions and any educational requirements that are in addition to the requirements specified in s.
447.04 (1) that must be met by a dentist to be permitted to induce general anesthesia or conscious sedation in connection with the practice of dentistry."
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to develop the rules is expected to be about 200 hours, depending on the complexity. This includes coordinating the rule-making process with the Board, research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. The agency will utilize existing staff. There are no other resources necessary to develop the rules.
6. List with description of all entities that may be affected by the proposed rule
Applicants with foreign-based training and/or degrees and Wisconsin licensed dental hygienists and dentists
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 known exiting or proposed federal regulations addressing the licensure requirements for dentists from U.S., Canadian or foreign-based schools and institutions.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
