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 The proposed rule will update and clarify the examination requirements including the removal of outdated and obsolete provisions.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.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377.
Safety and Professional Services —
Examining Board of Professional Geologists, Hydrologists and Soil Scientists
The statement of scope was approved by the governor on September 24, 2014.
Rule No.
Relating to
Licensure, exams and renewals of professional geologists, hydrologists and soil scientists.
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 renewals and reinstatements of licenses.
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 a credentialing board from requiring a person to complete postsecondary education before the person is eligible to take an examination for a credential. 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 requirements for licensure will stay the same.
The proposed rule will update and clarify the examination requirements including the removal of outdated and obsolete provisions. In addition, the proposed rule will update and clarify the board procedures for renewal and reinstatement.
The alternative to the rule is to not be in compliance with the new legislation and to continue to have obsolete or confusing provisions relating to exams, renewals and reinstatements in the code.
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.
470.03 (1) The examining board shall do all of the following:
(a) Upon the advice of the professional geologist section, promulgate rules establishing requirements and standards for the practice of professional geology by a person who is licensed as a professional geologist under this chapter, including a code of ethics that governs the practice of professional geology.
(b) Upon the advice of the professional hydrologist section, promulgate rules establishing requirements and standards for the practice of professional hydrology by a person who is licensed as a professional hydrologist under this chapter, including a code of ethics that governs the practice of professional hydrology.
(c) Upon the advice of the professional soil scientist section, promulgate rules establishing requirements and standards for the practice of professional soil science by a person who is licensed as a professional soil scientist under this chapter, including a code of ethics that governs the practice of professional soil science.
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
Applicants, professional geologists, professional hydrologists, and soil scientists
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
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377.
Safety and Professional Services —
Nursing Home Administrator Examining Board
The statement of scope was approved by the governor on September 24, 2014.
Rule No.
Relating to
Entrance to examination.
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 bring pertinent Wisconsin Administrative Code in line with recently passed legislation,
2013 Wisconsin Act 114.
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 114 required that the Department of Safety and Professional Services and its attached boards may no longer necessitate applicants complete their postsecondary education before being eligible to take an examination for a credential. In accordance with Act 114, applicants for licensure as a nursing home administrator may take their credentialing examination before completing their postsecondary education. This change will impact Wis. Admin. Code chs.
NHA 2,
3, and
4.
The proposed rule will also provide clarity to the process of renewing a license after 5 years by updating provisions regarding licensure renewal and reinstatement. The term reinstatement will be defined as a process by which a licensee whose license has been surrendered or revoked or has a license with unmet disciplinary requirements which has not been renewed within five years of the renewal date may apply to have their license reinstated with or without conditions.
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 is pertains. . ." The proposed rule seeks to provide guidance to applicants regarding examination requirements for nursing home administrators.
Section
227.11 (2) (a), Stats., discusses the parameters of an agency's rule-making authority, stating an agency, “may promulgate rules interpreting provisions of any statute, enforced or administered by the agency, . . . 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
456.02 (1), Stats., is administered by the Nursing Home Administrator Examining Board and provides that the board shall, “[d]evelop, impose and enforce standards which must be met by individuals in order to receive license as a nursing home administrator, . . ." The proposed rule will provide guidance within the profession with regards to examination requirements for nursing home administrators.
Section
456.11 (1), Stats., “[t]he examining board may reinstate a license or registration to any person whose license or registration has been revoked. This subsection does not apply to a license or registration that is revoked under s.
440.12.
(2) Application for reinstatement of a license or registration shall not be made prior to one year after revocation and shall be made in such a manner as the examining board directs. This subsection does not apply to a license or registration that is revoked under s.
440.12.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Staff will spend approximately 50 hours developing the proposed rule.
6. List with description of all entities that may be affected by the proposed rule:
Persons seeking licensure as a nursing home administrator will be affected by the proposed.
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.
