The statement of scope was approved by the governor on September 19, 2014.
Rule No.
Relating to
Registered sanitarian examination requirements.
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 the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2013 Act 114 prohibits the department of safety and professional services or a credentialing board from requiring a person to complete any postsecondary education before the person is eligible to take an examination for a credential. The current rule requires sanitarian applicants to submit evidence of completion of educational requirements in order to receive Department approval to sit for the exam. The proposed rule will revise the rules to specify the requirements for registration rather than the requirements for examination. This will allow the applicant to complete the registration requirements in any order including allowing an applicant to take an examination prior to the completion of the education requirements.
The alternative to the proposed policy is to continue with the current rules that are in conflict with
2013 WI Act 114.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section 227.11 (2) (a), Wis. Stats. Rule-making authority is expressly conferred as follows: (a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation.
Section 440.98 (2), Wis. Stats. Registration qualifications. In order to safeguard life, health and property, to promote public welfare and to establish the status of those persons whose duties in environmental sanitation call for knowledge of the natural sciences, the department may establish minimum standards and qualifications for the registration of sanitarians.
Section 440.98 (5), Wis. Stats. Registration. Except as provided in s.
440.12 or
440.13, the department shall register as a sanitarian any person who satisfies the conditions in sub. (6) and who has presented evidence satisfactory to the department that sanitarian registration standards and qualifications of the department, as established by rule, have been met.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
40 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
Sanitarian applicants
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
None to minimal. The rule is not likely to have a significant economic impact on small businesses.
Contact Person
Safety and Professional Services —
Dentistry Examining Board
The statement of scope was approved by the governor on September 19, 2014.
Rule No.
Relating to
Pathway to licensure for foreign trained applicants for licensure as dentists.
Rule Type
Permanent.
THIS STATEMENT OF SCOPE AMENDS AND REPLACES THE STATEMENT OF SCOPE APPROVED BY THE DENTISTRY EXAMINING BOARD ON APRIL 3, 2014 AND APPROVED BY THE GOVERNOR ON MAY 8, 2014
(The original statement of scope, SS
044-14, was published in
Register 701 on May 31, 2014.)
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 modify and clarify the pathway to licensure for foreign trained dentist applicants.
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 Board has determined that the standards for evaluating applications from individuals whose education were obtained from a school other than an accredited U.S. or Canadian dental school is inconsistent with our surrounding states. Wisconsin's standards for foreign trained dentists were last revised in 2007 and require evidence of the successful completion of an accredited postgraduate program in advanced education in general dentistry or an accredited general dental practice residency. This is a minimum one year program. A one year program's content is not sufficiently equivalent to the education received at a U.S. or Canadian dental school.
Michigan requires a 2 year program leading to awarding of a DDS or DMD degree or a 2 year dental specialty program. Illinois requires a 2 year clinical training at a school resulting in meeting same level of scientific knowledge and clinical competence as all graduates from the dental school or 2 year accredited advanced dental education program. Iowa requires a 2 year undergraduate supplemental dental education program at an accredited dental college providing didactic and clinical education to the level of a DDS or DMD graduate of the same school. Minnesota requires evaluation of the foreign dental school by the International Credentialing Associates and the education must be equivalent to a school accredited by the Commission on Dental Accreditation and once the exam is passed and other requirements, the Minnesota Board issues a Limited General Dental License which requires practicing under a Minnesota licensed dentist for 3 years.
The alternative to proposed rule is for Wisconsin to license foreign trained dentists without ensuring that their training is equivalent to dentists trained at a school accredited by the Commission on Dental Accreditation.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
15.08 (5) (b) 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.
447.04 (1) (b) 1. Except as provided in par. (c), the examining board may grant a license to practice dentistry to an individual who is licensed in good standing to practice dentistry in another state or territory of the United States or in another country if the applicant complies with all of the following requirements: Meets the requirements for licensure established by the examining board by rule.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
150 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
Applicants with dentistry training from a school located outside of the United States or Canada
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 economic impact. The rule is not likely to have a significant economic impact on small businesses.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377.
Safety and Professional Services —
Funeral Directors Examining Board
The statement of scope was approved by the governor on October 1, 2014.
Rule No.
Chapters
FD 1,
4 (revise).
Relating to
Applications, exams, renewal of funeral directors and approved continuing education
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 rule is to bring the rule in compliance with
2013 Act 114 and to update procedures relating to examinations, renewal and continuing education providers.
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 Act 114 prohibits the department of safety and professional services or a credentialing board from requiring a person to complete any postsecondary education before the person is eligible to take an examination for a credential. In addition to this general prohibition, the act specifically amended s.
445.045, Stats., to remove the statutory requirement that the examination is to be taken after completion of the college and mortuary school instruction. The proposed rule will revise the rules to indicate the licensure requirements rather than the examination requirements. This will allow the applicant to complete the licensure requirements in any order including allowing an applicant to take an examination prior to the completion of the education requirements. The proposed rule will update and clarify the examination requirements including the removal of outdated and obsolete provisions.
The alternative to the rule is to not be in compliance with the new legislation resulting in confusion for the applicants. The rule will continue to have confusion regarding the obsolete provisions.
In addition, the proposed rule will update and clarify the board procedures for renewal and reinstatement requirements. The rule will also add a provision allowing a course approved by the Academy of Professional Funeral Service Practice (APFSP) to be approved by the board without approval application from the program provider in order to streamline the continuing education process.
The alternative to these provisions is to continue to have confusion regarding the renewal/reinstatement procedures and potential delays in continuing education approvals.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
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.
Section
445.03 (2) (a), Stats. The examining board may make and enforce rules not inconsistent with this chapter establishing professional and business ethics for the profession of funeral directors and for the general conduct of the business of funeral directing, and for the examination and licensing of funeral directors and the registration of apprentices.
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
Funeral director applicants and licensees.
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. The rule is not likely to have a significant economic impact on small businesses.
