95.69 Animal dealers.
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(2m) EXEMPTION. The department may promulgate rules to exempt groups of persons from the licensing requirement under sub. (2) or the registration requirement under sub. (7) or both.
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(8) RULES. The department may promulgate rules to regulate animal dealers, including rules related to animal dealer qualifications, construction and maintenance of animal transport vehicles, identification of animal transport vehicles, disease sanitation, humane treatment of animals, identification of animals, record keeping, reports to the department and compliance with applicable financial security requirements under state or federal law.
* * *
95.71 Animal truckers.
* * *
(8) RULES. The department may promulgate rules to regulate animal truckers, including rules related to animal trucker qualifications, construction and maintenance of animal transport vehicles, identification of animal transport vehicles, disease sanitation, humane treatment of animals, identification of animals, record keeping, reports to the department and compliance with applicable financial security requirements under state or federal law.
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95.715 Feed lots and veal lots.
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(2) APPROVED FEED LOT.
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(d) The department may promulgate rules to specify permit fees under par. (a) and to regulate feed lots. The rules may include requirements related to the construction and maintenance of approved feed lots, the segregation of imported feeder cattle and record-keeping requirements related to feeder cattle.
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4. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 0.80 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
5. Description of all Entities that may be Impacted by the Rule
The rule will make minor modifications in order to provide consistency and clarity to chs.
ATCP 10 and
12 and will provide important health protection for the Wisconsin livestock industry. This rule will have a direct impact on animal markets, animal dealers, animal truckers, veterinarians, livestock operators, and other persons licensed by the department.
6. Summary and Preliminary Comparison of Any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Existing federal accreditation standards for veterinarians and animal traceability requirements will require changes in Wisconsin Administrative Rule requirements for accredited and state certified veterinarians.
Also, to comply with existing federal traceability requirements, Wisconsin administrative rules must be updated to allow only the acceptance of official, individual identification of cattle when dealing with vaccination or official disease testing.
7. Anticipated Economic Impact
DATCP expects the rule to have minimal to no economic impact statewide and locally.
Contact Person
Darlene Konkle, DVM, Assistant State Veterinarian, DATCP; Phone (608) 224-4902.
Health Services
Community Services, Chs.
30—
The statement of scope was approved by the governor on September 12, 2014.
Rule No.
Relating to
Federally recognized American Indian tribes or bands participating in the intoxicated driver program.
Rule Type
Permanent.
Type of Statement of Scope
Original
1. Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
2. Detailed Description of the Objective of the Proposed Rule
The objective of the rulemaking is to conform ch.
DHS 62 to ch.
51, Stats., and s.
343.30 (1q), Stats., as amended by
2013 Wisconsin Act 246, relating to federally recognized American Indian tribes or bands participating in the intoxicated driver program.
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
Chapter
DHS 62 establishes, under ss. 343.30 (1q) (c) 2. and 343.305 (10) (c) 2., Stats., the standards for assessment procedures, driver safety plan programs, and conflict of interest guidelines for approved public and private intoxicated driver assessment facilities designated by a county board to conduct intoxicated driver assessments. The conflict of interest provisions prohibit an assessment facility from also being a person's driver safety plan provider unless specified conditions apply.
The legislature by
2013 Wisconsin Act 246 amended or created provisions in chs.
20,
46,
51,
343,
345, and
346, Stats., making it possible for approved tribal treatment facilities, as defined in s.
51.01 (2c), Stats., to operate an intoxicated driver program, which includes conducting intoxicated driver assessments and developing driver safety plans. If the person who is court-ordered to submit to and comply with an intoxicated driver assessment is a member or relative of a member of a federally-recognized American Indian tribe or band, the approved tribal treatment facility may conduct an assessment for that person. The department's conflict of interest guidelines may not preclude an approved tribal treatment facility from conducting assessments and providing treatment under s.
343.30 (1q), Stats., as amended by
2013 Wisconsin Act 246.
To conform ch.
DHS 62 to ch.
51, Stats., and s.
343.30 (1q), Stats., as amended by
2013 Wisconsin Act 246, the department proposes to revise ch.
DHS 62 to reflect that approved tribal treatment agencies as defined in s.
51.01 (2c), Stats., are subject to ch.
DHS 62, and to ensure that the conflict of interest guidelines established in ch.
DHS 62 do not preclude approved tribal treatment agencies, as defined in s.
51.01 (2c), Stats., from meeting their responsibilities under s.
343.30 (1) (q), Stats.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section 227.11 (2) (a), Stats., reads: Rule-making authority is expressly conferred on an agency 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. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
Section 343.30 (1q) (c) 2., Stats., reads: The department of health services shall establish standards for assessment procedures and the driver safety plan programs by rule. The department of health services shall establish by rule conflict of interest guidelines for providers. The conflict of interest guidelines may not preclude an approved tribal treatment facility, as defined in s. 51.01 (2c), from conducting assessments and providing treatment under this subsection.
Section 343.305 (10) (c) 2., Stats, reads: The department of health services shall establish standards for assessment procedures and the driver safety plan programs by rule. The department of health services shall establish by rule conflict of interest guidelines for providers.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Department staff may spend 80 hours promulgating the rule. No other resources are necessary to develop the rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Federally recognized American Indian tribes or bands and approved tribal treatment agencies, as defined under s.
51.01 (2c), Stats.
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 appear to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.
8. Anticipated Economic Impact of Implementing the Rule
The department anticipates little to no economic impact from the proposed revisions to ch.
DHS 62.
Contact Person
LeeAnn Cooper, IDP Coordinator
Division of Mental Health and Substance Abuse Services
Bureau of Prevention Treatment and Recovery
608-266-2453
Safety and Professional Services —
Medical Examining Board
The statement of scope was approved by the governor on October 2, 2014.
Rule No.
Relating to
Entrance to exams.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
None.
2. Detailed Description of the Objective of the Proposed Rule
The purpose of the proposed rule is to bring current Wisconsin Administrative Code in line with recent legislation, specifically
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
Pursuant to the enactment of
2013 Wisconsin Act 114, the Department of Safety and Professional Services and its attached boards may no longer require any person applying for professional licensure to complete their postsecondary education prior to being eligible to take an examination for a credential. In accordance with this legislation, the Wisconsin Medical Examining Board must allow applicants for physician licensure to take their credentialing exam before completing their postsecondary education. The proposed rule will implement this change by amending Wis. Admin. Code ch.
Med 1.
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 eligibility for licensure examination.
Section
227.11 (2) (a), Stats., discusses the parameters of an agency's rule-making authority by stating that 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
440.071 (1), Stats., provides that, “the department or a credentialing board or other board in the department may not require a person to complete any postsecondary education or other program before the person is eligible to take an examination for a credential the department or credentialing board or other board in the department grants or issues."
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
