The statement of scope was approved by the governor on August 25, 2014.
Rule No.
Relating to
Course of study for chiropractic radiological technicians and chiropractic technicians.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
None.
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to clarify the Chiropractic Examining Board's intent regarding the statutory term course of study found in ss.
446.025 (2) (a) 3. and
446.026 (2) (a) 3., Stats. This undefined term has led to inconsistent application of the statute. The proposed rule seeks to define the term in administrative code which should result in a more uniform application of the statute.
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
Sections
446.025 (2) (a) 3. and
446.026 (2) (a) 3., Stats., regulate the certification of chiropractic radiological technicians and chiropractic technicians. One of the requirements for certification for both chiropractic radiological technicians and chiropractic technicians is the applicant must submit evidence satisfactory to the Chiropractic Examining Board that the applicant has completed a course of study approved by the Board. Currently, the term course of study is not defined in rule or statute. This has lead to ambiguity as to how applicants are to comply with the statutory requirement. The proposed rule will clarify the Board's intent in administering the statute by stating what constitutes a course of study.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats., provides that examining boards, such as the Chiropractic 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 to applicants seeking certification as a chiropractic radiological technician or a chiropractic technician as to what criteria meets the Board's requirement for a course of study.
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 Chiropractic Examining Board falls within the definition of agency and is therefore allowed to apply s.
227.11 (2) (a), Stats., to statutes it administers.
5. Estimates 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 80 hours developing this proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule will affect applicants for chiropractic radiological technician and chiropractic technician certification.
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.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
This rule is likely to have minimal to no economic impact on small businesses.
9. Contact Person
Shawn Leatherwood
(608) 261-4438
Safety and Professional Services —
Cosmetology Examining Board
The statement of scope was approved by the governor on August 25, 2014.
Rule No.
Relating to
Course of instruction.
Rule Type
Permanent and emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
2013 Wisconsin Act 356 amended ss.440.62 (3) (ar) 2. and 454.06 (2) (b), Stats., by decreasing the number of training hours which must be fulfilled by cosmetology practitioners as outlined in s.
Cos 5.02. Currently, cosmetology students are being enrolled in courses on a continuous basis notwithstanding the fact that the curriculum and corresponding training hours as they appear in Wis. Admin. Code s. Cos. 5.02 is no longer in effect due to Act 356. Emergency rules are needed to give clear guidance to students and instructors regarding the changes in required training hours and the corresponding syllabus for cosmetology practitioners.
2. Detailed Description of the Objective of the Proposed Rule
The purpose of the proposed rule is to bring current Wisconsin Administrative Code ch.
Cos 5 in line with recent legislation, specifically
2013 Wisconsin Act 356.
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
Wis. Admin. Code s.
Cos 5.01 requires cosmetology schools to develop curriculum for cosmetology practitioners that have been approved by the Cosmetology Examining Board. Wis. Admin. Code s.
Cos 5.02 sets forth the current Board approved practitioner's license syllabus and the corresponding training hours for each subject. Now that the training hours have been reduced by
2013 Wisconsin Act 356, both school administrators and students need clear guidance as to the number of training hours required for each subject. The proposed rule seeks to provide clear direction by identifying the changes in the syllabus.
2013 Wisconsin Act 356 also requires the Cosmetology Examining Board to identify approved accrediting agencies for the purpose of satisfying educational requirements.
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. . ."
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.
Section
440.62 (5) (b) 1., Stats., requires the Board to establish the minimum curriculum for cosmetology schools and the minimum standards for instruction, materials and equipment at cosmetology schools.
Section
454.075, Stats., “The examining board shall identify by rule the accrediting agencies it approves to accredit schools for the purpose of satisfying educational requirements for an initial license or a license renewal under this subchapter."
5. Estimates 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 80 hours developing the proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Cosmetology school administrators, licensed cosmetology practitioners and applicants for cosmetology practitioner credentials will be affected by the proposed rule.
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.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rule is likely to have a minimal or no economic impact on small businesses.
9. Contact Person
Shawn Leatherwood
(608) 261-4438
Safety and Professional Services —
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
The statement of scope was approved by the governor on August 25, 2014.
Rule No.
Relating to
Rule-making, application procedures, examination processes, and credential renewal procedures.
Rule Type
Permanent.
1. Finding/Nature of emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The object is to update the Board's processes and procedures by removing obsolete provisions and clarifying and streamlining provisions including the rule-making, application, examination, and renewal.
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
Currently there are procedures in the rule-making and examination procedures which are obsolete or outdated. The renewal procedures require clarification as to both renewal and reinstatement requirements. The proposed rule will update and clarify the board procedures relating to rule-making, application, examination and renewal.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
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. Estimates of the Amount of Time that State Employees Will Spend to Develop 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
Marriage and family therapists, professional counselors, and social workers and applicants to those professions as well as the board and department.
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.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None. The rule 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 —
Pharmacy Examining Board
