Rule No.
Relating to
Cosmetology schooling, licensure, and practice requirements.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
2. Detailed Description of the Objective of the Proposed Rule
This rulemaking project expects to include a comprehensive update of all rules in these chapters to make them consistent with contemporary industry, regulatory, and academic practices. It is also intended to bring these rules into compliance with recently enacted legislation including
2011 Wisconsin Act 190,
2013 Wisconsin Act 205, and
2013 Wisconsin Act 356.
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
Chapters
Cos 1 to
11 currently contain all of the rules of the Cosmetology Examining Board relating to cosmetology. These rules address the practice of cosmetology, cosmetology establishments and inspection of them, sanitation and safety, courses of instruction, apprenticeship procedures and standards, examinations and licensure, license renewals and reinstatements, continuing education, and forfeitures.
The most recent broad-based update of some of these rules occurred over six years ago, and some of these rules have not been updated for over 20 years. The updates included in this rulemaking expect to be similar to and consistent with updates that the Department of Safety and Professional Services recently promulgated for barbering in response to
2011 Act 190.
The alternatives of either partially updating or not updating these rules would be less beneficial to the entities affected by these rules.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a) of the Statutes authorizes the Board to promulgate rules interpreting any statute that is enforced or administered by the Board, if the rule is considered necessary to effectuate the purpose of the statute.
Section
440.62 (5) (b) 1. of the Statutes requires the Board to establish the minimum curriculum for cosmetology schools and the minimum standards for instruction, materials, and equipment at cosmetology schools.
Section
454.06 (8m) (d) of the Statutes requires the Board to establish, by rule, the limits of minimal cosmetology work, for inactive licensees. Section
454.08 (1) (a), Stats., authorizes the Board to promulgate rules for providing cosmetology services outside of a licensed cosmetology establishment. Sections
454.08 (3) and
(4), Stats., authorize the Board to establish, by rule, requirements for licensing cosmetology establishments; and require the Board to establish, by rule, minimum health and safety standards for such establishments, respectively. Section
454.10 (3) (b), Stats., requires the Board to prescribe, by rule, the practical training and schooling that a cosmetology apprentice must receive. Section
454.12 (2), Stats., authorizes the Board to promulgate rules imposing continuing-education requirements on licensees if the requirements are necessary to preserve public health, safety or welfare.
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
Cosmetologists, cosmetology managers, cosmetology establishments, cosmetology apprentices, cosmetology schools and instructors, and continuing education-providers for the cosmetology profession.
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
The federal government does not regulate the cosmetology profession in the states. However, it does have regulations applicable to apprenticeships in all trades and professions registered with the United States Department of Labor. Those regulations are generally administered through state laws governing apprenticeship programs in a particular state. In Wisconsin, the Department of Workforce Development is charged with that responsibility.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
The rule changes contemplated in this project are not expected to have any negative economic impacts on any of the entities listed above.
9. Contact Person
Shawn Leatherwood, at Shancethea.Leatherwood@ wisconsin.gov; or at telephone (608) 261-4438 or 711 (Telecommunications Relay); or at 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI, 53708-8366.
Safety and Professional Services —
Dentistry Examining Board
The scope statement was approved by the governor on July 28, 2014.
Rule No.
Relating to
Regulation of mobile dentistry programs.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to implement
2013 Act 244 by doing the following:
• Create a definition of “mobile dentistry program";
• Define the activities that constitute the operation of a mobile dentistry program for purposes of the registration requirement;
• Requirements for obtaining a registration;
• Requirements for patient access to dental records; and
• Standards of conduct for the operation of a mobile dentistry program, the provision of dental services through a mobile dentistry program and the use of portable dental equipment.
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
Under
2013 Act 244, no person may own or operate a mobile dentistry program in Wisconsin unless the person is registered. The Dentistry Examining Board was given specific authority to promulgate rules to regulate mobile dentistry programs as outline in the above objective of the proposed rule.
The alternative to promulgation of rules would be to create confusion as to the definition of a mobile dentistry program, the activities the program may perform, the process for obtaining registration and the standards of conduct which must be followed.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
447.02(2), Stats. The examining board shall promulgate rules specifying all of the following:
(f) A requirement that a mobile dentistry program registrant establish procedures for a patient treated in the mobile dentistry program to access his or her patient records.
(g) Standards of conduct for the operation of a mobile dentistry program in this state, the provision of dental services through a mobile dentistry program, and the use of portable dental equipment.
(h) A definition of “mobile dentistry program" and the activities that constitute the operation of mobile dentistry program for purposes of the registration requirement under s.
447.058.
Section
447.058 (2) (a), Stats. The examining board may grant a registration under this section to a person who does all of the following:
3. Satisfies any other requirements established by the examining board by rule.
Section
15.08 (5) (b), Stats. Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
200 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
The owners, operators and employees of mobile dentistry programs and their patients will be affected by the proposed rule.
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 to minimal. It is not likely to have a significant economic impact on small businesses.
9. Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377.
Safety and Professional Services —
Medical Examining Board
The scope statement was approved by the Governor on July 28, 2014.
Rule No.
Chapters
Med 3 and
5 (revise).
Relating to
Physician licensure.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
2013 Wisconsin Act 240 has a delayed effective date of April 1, 2015. Emergency rules are needed to ensure that the proposed rules will be in effect by the April 1, 2015 date. Furthermore, the Legislature by Section
39 of
2013 Wisconsin Act 240 provides an exemption from a finding of emergency in promulgating the proposed rules.
2. Detailed Description of the Objective of the Proposed Rule
The purpose of the proposed rule is to bring current Wisconsin Administrative Code chs.
Med 3 and
5 in line with recent legislation, specifically
2013 Wisconsin Act 240.
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 passage of
2013 Wisconsin Act 240 had a major impact on physician licensure in Wisconsin. The legislation changed current rules regarding eligibility for a regular license, licensure for graduates of foreign medical schools, temporary educational permits, and temporary license for visiting professors. Currently, applicants for any class of license to practice medicine and surgery must provide evidence to the Medical Examining Board (Board) that he or she is a graduate of a medical or osteopathic college approved by the Board and has completed 12 months of postgraduate training in a facility approved by the Board. Act 240 now requires applicants for a regular license to successfully complete 24 months of postgraduate training or the applicant must be currently enrolled in a post-graduate training program and have successfully completed12 months of post graduate training and receive an unrestricted endorsement from the postgraduate training program director that the applicant is expected to complete at least 24 months of postgraduate training.
2013 Wisconsin Act 240 also requires graduates of a foreign medical school applying for a regular license to practice medicine and surgery, be a graduate of a foreign medical college credentialed by an agency approved by the Board, obtain certification by the Educational Council for Foreign Medical Graduates, or a successor organization, pass all the steps of the United States Medical Licensing Examination (USMLE), and successfully complete 24 months of postgraduate training. If the foreign medical school graduate has not completed 24 months of postgraduate training, he or she may successfully complete 12 months of postgraduate training and receive an unrestricted endorsement from the postgraduate training program director that the applicant is expected to complete at least 24 months of postgraduate training.
The former temporary license for visiting professor has been recreated as the new restricted license to practice as a visiting physician. The visiting professor license was restricted to foreign medical school graduates who were invited to serve on the academic staff of a medical school. The visiting physician license is open to any physician outside of Wisconsin. The holder of the license must limit his or her practice of medicine to the medical education facility, research facility, or college where the holder is teaching, performing research, or practicing. The former temporary educational permit has been transformed into the new resident educational license. Unlike the temporary educational permit, the resident educational license grants an educational license to residents upon entry into their first year of post-graduate training and restricts the license holder to the practice of medicine and surgery only within the scope his or her duties under their postgraduate training program.
Lastly, the legislation has created a new licensure class, the administrative physician license. The administrative physician licensee must meet the same licensure requirements as a regular license holder to practice medicine and surgery. However, the administrative physician licensee may not engage in the practice of medicine except as authorized by s.
448.03 (2), Stats.
As a result of the changes instituted by Act 240, the Medical Examining Board is promulgating the proposed rule to amend
chs.
Med 3 and
5 and to create additional chapters as necessary.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language)
Section
15.08 (5) (b), Stats., provides examining boards, “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 on future licensure classes and licensure examination requirements.
Section
227.11 (2) (a), Stats., discusses the parameters of and agency's rule-making authority, stating an agency, “may promulgate rule interpreting provisions of 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.
