CR_09-009 Hearings to consider rules to revise Ch. ATCP 70, relating to food processing plants.

Wisconsin Administrative Register No. 638, 2/14/2009

Rule-Making Notices

Notice of Hearings

Agriculture, Trade and Consumer Protection

CR 09-009

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on proposed changes to rules relating to Food Processing Plants in Chapter ATCP 70 , Wis. Adm. Code.

Hearing Information

DATCP will hold the public hearings at the times and locations shown below.

March 3, 2009

1:00 PM to 4:00 PM

Meeting Room

Eau Claire Office, Division of Food Safety

3610 Oakwood Hills Parkway

Eau Claire, WI

March 12, 2009

9:30 AM to 12:00 PM

Room C (Downstairs)

Appleton Public Library

225 N. Oneida Street

Appleton, WI

March 13, 2009

9:00 AM to 12:00 PM

Board Room, 1 st Floor

WI Department of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive

Madison, WI

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by February 20, 2009, by writing to Arthur Ness, DATCP Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911, or e-mailing to [e-mail] . Alternatively, you may contact the DATCP TDD at [phone]. Handicap access is available at the hearings.

Submission of Written Comments

DATCP invites the public to attend the hearings and comment on the rules. Following the hearings, the hearing record will remain open through Monday, March 30, 2009 for additional written comments. Comments may be sent to the Division of Food Safety at the address below, by email to [e-mail] , or online at https://apps4.dhfs . state.wi.us/admrules/public/Home.

Copies of Proposed Rule

You may obtain a free copy of the proposed rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You may also obtain copies by calling [phone] or emailing [e-mail] . Copies will also be available at the hearing. To view the proposed rule online, go to: https://apps4.dhfs.state.wi.us/admrules/public/Home .

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

The department of agriculture, trade and consumer protection (DATCP) currently licenses and regulates food processing plants to protect public health and safety. This rule updates current DATCP rules and harmonizes them with current federal rules.

Statutes interpreted

Sections 97.02 , 97.03 , 97.09 , 97.10 , 97.29 and 97.34 , Stats.

Statutory authority

Sections 93.07 (1) , 97.09 , 97.29 (5) and 97.34 (2) (a) , Stats.

Explanation of statutory authority

DATCP has general authority under s. 93.07 (1) , Stats., to adopt rules interpreting statutes under its jurisdiction. DATCP is specifically authorized under ss. 97.09 , 97.29 (5) and 97.34 (2) (a) and (c) , Stats., to adopt rules to regulate food processing, labeling and distribution.

Related rules or statutes

This rule incorporates, by reference, parts or all of the following rules:

•   DATCP rules related to retail food establishments (ATCP 75) and fair packaging and labeling (ATCP 90).

•   Department of natural resources (DNR) rules related to safe drinking water (NR 809), community water systems (NR 811) and well construction (NR 812).

•   Federal rules adopted by the United States food and drug administration (FDA). These include 21 CFR 101 (food labeling), 21 CFR 113 (low-acid food packaged in hermetically sealed containers), 21 CFR 120 (juice processing), 21 CFR 123 (fish processing), 21 CFR 129 (bottled water), and 21 CFR 165.110 (bottled water labeling).

Rule contents

This rule does all of the following:

•   Definitions. This rule harmonizes current definitions with federal rules, as well as with Wisconsin retail food rules under ch. ATCP 75 . For example, this rule creates or modifies definitions of "juice," "major food allergen," "potentially hazardous food," "ready-to-eat food," "reduced oxygen packaging" and "safe temperatures" to be consistent with other state and federal rules.

•   Handwashing facilities. This rule updates current standards related to handwashing facilities serving toilet rooms and food processing areas. New requirements apply only to facilities installed after the effective date of this rule, to food processing plants initially licensed after the effective date of this rule, or to food processing plants licensed to a new operator after the effective date of this rule.

•   Hand contact with ready-to-eat food. This rule prohibits bare hand contact with ready-to-eat food, unless bare hand contact is reasonably necessary and does not contaminate food. If a food processing plant operator allows bare-hand contact with ready-to-eat food, the operator must do all of the following (requirements are consistent with current rules for retail food establishments):

□   Establish written policies and procedures related to bare-hand contact. These must identify authorized employees and tasks, affected foods, and the procedures that employees must follow to prevent food contamination from bare-hand contact.

□   Provide advance training to employees who may have bare hand contact with ready-to-eat food. A written training plan must identify responsible training providers, training contents (including operator policies and procedures related to bare-hand contact), the form of initial training, the form and frequency of follow-up training, and measures to ensure that effective training is provided as planned.

□   Keep records to document compliance with bare-hand food handling policies, procedures and training requirements.

•   Cleaning and sanitizing procedures. This rule updates and clarifies current requirements for cleaning and sanitizing food processing equipment and utensils, and creates procedures by which DATCP may authorize alternative procedures and sanitizing materials.

•   Reclaimed water. This rule updates and clarifies current standards related to use of reclaimed water in food processing plants.

•   Re-circulated water systems. This rule regulates the use of re-circulated water in coolers and heat exchangers (if there is any possibility that the re-circulated water may come in contact with any food product or food contact surface).

•   Water and potable liquids transported in bulk. This rule regulates the transportation and handling of water and other potable liquids transported to or from a food processing plant. Transported water must be obtained from a potable source that complies with DNR rules. Bulk tankers must be constructed, maintained, cleaned and sanitized for sanitary operation, and bulk liquids must be loaded and unloaded in a sanitary manner.

•   Labeling packaged food. This rule incorporates, by reference, current federal and state food packaging and labeling requirements. Among other things, this rule incorporates current federal rules related to disclosure of major food allergens.

•   Recall plan. Consistent with current federal rules, this rule requires a food processing plant operator to have a written plan for identifying and recalling food produced at the plant, should a food recall become necessary. This rule does not dictate the contents of the plan, but it does provide content suggestions in an accompanying note.

•   Low-acid food packaged in hermetically sealed containers. This rule clarifies that low-acid food packaged in hermetically sealed containers (including aseptically processed food as well as thermally processed food) must be processed according to federal rules under 21 CFR 113 .

•   Fish processing; general. This rule repeals and recreates current rules related to fish processing, in order to make the rules consistent with federal rules under 21 CFR 123 .

□   Under federal rules and this rule, fish processors must have a HACCP plan to identify and control food safety hazards associated with fish processing. Plans must meet federal standards.

□   This rule repeals current required procedures related to smoked-fish processing, in favor of the more flexible HACCP plan approach. However, this rule encourages smoked fish processors to incorporate and adapt the repealed procedures, as appropriate, in their HACCP plans (this rule includes the repealed procedures in an appendix, which processors may consult for guidance).

□   This rule updates and clarifies current rules related to the labeling and sale of smoked fish. Among other things, this rule repeals the current 21-day shelf-life limit on sales of smoked fish (this rule requires a stated shelf-life expiration date for smoke fish, but the shelf-life will be based on the HACCP plan per federal rules).

□   This rule updates and clarifies current rules related to processing, labeling and sale of fish eggs (roe). This rule applies to all fish roe, not just "caviar." This rule clarifies current labeling requirements related to processed fish roe. A fish roe product, other than a sturgeon roe product, may not be labeled as "caviar" unless the name of the fish species is also disclosed (e.g., "whitefish caviar").

•   Bottling establishments. This rule updates and clarifies current rules related to bottling establishments.

□   Bottling establishments producing bottled water must comply with federal rules under 21 CFR 129 .

□   Bottling establishments engaged in juice processing must comply with federal rules under 21 CFR 120 .

□   This rule updates and clarifies current product testing requirements, including test frequencies, and harmonizes current requirements with applicable federal rules. Operators who obtain ingredient water from municipal sources are exempt from some, but not all, testing requirements.

□   This rule regulates the transportation and handling of water and other potable liquids transported to or from a bottling establishment (see above). If ingredient water is transported to a bottling establishment in bulk, the operator must test the ingredient water at least weekly for coliform bacteria and heterotrophic plate count. An operator must keep records of bulk shipments.

□   Labeling of bottled products must comply with general food labeling standards (see above). Bottled water labeling must also comply with specific federal requirements under 21 CFR 165.110 . A juice label may not misrepresent that juice has been pasteurized. A juice label may not represent as "fresh" any juice that has been treated with ultra-violet light.

•   Lab test methods. This rule updates required laboratory methods for food safety tests, based on updated official methods published by the association of official analytical chemists.

•   Organizational and technical drafting changes. This rule makes other organizational, technical and drafting changes to update and clarify current rules.

Comparison with federal regulations

At the federal level, the United States food and drug administration (FDA) is primarily responsible for regulating food processing plants. FDA has established basic food safety standards and requirements for food processing plants, but those standards do not preempt consistent or more rigorous state standards. Most food processing plant inspections are conducted by the states (FDA does few inspections). States generally coordinate their regulatory programs with FDA, and state regulations are based to a considerable degree of federal regulations.

This rule incorporates by reference parts or all of the following FDA regulations:

21 CFR 101 (food labeling), 21 CFR 113 (low-acid food packaged in hermetically sealed containers), 21 CFR 120 (juice processing), 21 CFR 123 (fish processing), 21 CFR 129 (bottled water), and 21 CFR 165.110 (bottled water labeling).

Comparison of rules in adjacent states

Michigan, Minnesota, Illinois and Iowa all regulate and inspect food processing plants. Rules in those states are broadly consistent with this rule and federal rules, although there are a number of specific variations between the states.

Data and analytical methodologies

This rule relies, generally, on a large body of generally-accepted scientific information related to food safety hazards (and effective means for preventing or controlling those hazards). That information also provides the basis for federal and state rules that DATCP has incorporated by reference in this rule.

This rule incorporates, by reference, laboratory test methods published in the official methods of analysis of the association of official analytical chemists, 18 th edition revision 2 (2007).

Technical standards incorporated by reference

This rule incorporates, by reference, laboratory test methods published in the official methods of analysis of the association of official analytical chemists (AOAC), 18 th edition revision 2 (2007). Pursuant to s. 227.21 , Stats., DATCP will request permission from the attorney general to incorporate the AOAC methods by reference in this rule. Copies will be kept on file with DATCP and the legislative reference bureau.

Fiscal Estimate

This rule will have no significant fiscal impact on Wisconsin state government and no fiscal impact on local units of government. DATCP will incur some costs to provide information and education to affected businesses. However, DATCP expects to absorb those costs.

Small Business Impact

This rule will help Wisconsin food processors to produce safe food products. Food safety regulation is important not only for consumers, but also for the food processors themselves. Food safety problems can harm individual businesses and the overall food industry.

For the most part, this rule merely updates and clarifies current rules and makes the rules consistent with other federal and state rules. These modifications will eliminate inconsistent and duplicative regulation, which will make it easier for food processors to comply. Generally, this rule gives affected food processors more flexibility to design effective food safety systems tailored to their operations. But in some instances, this rule provides definite compliance standards that are not provided by federal rules.

This rule requires fish processors and juice processors to implement hazard analysis and critical control point (HACCP) plans. But there will be no added costs to affected businesses because those plans are already required by federal rules. DATCP will help train affected businesses on the implementation of HACCP plans and other food safety measures. The University of Wisconsin-Extension may offer seminars and training sessions at modest cost.

Consistent with current federal rules, this rule requires food processors to have written recall plans. However, this rule gives processors considerable flexibility to design recall plans that are tailored to their operations. This rule provides guidance on plan contents, but it does not impose specific content requirements.

This rule incorporates current state and federal labeling requirements for processed food, including current federal requirements related to disclosure of major allergens. This rule may prompt food processors to review their labels for compliance with current law, but it does not add any major new labeling requirements.

This rule requires food processors to keep certain records related to food processing operations to help ensure food safety. Since the recordkeeping requirements are consistent with normal business practice, they will not impose significant new burdens or costs. There are no new professional skills required.

This rule may require some changes in some food processing facilities and operations. But for most food processors, the changes (if any) will not be large or costly. Most food processors are already complying with most of the requirements. New requirements related to hand-washing facilities will apply prospectively to newly installed facilities or newly licensed operations.

Many of the food processing plants affected by this rule are "small businesses." This rule will not have a significant adverse effect on small businesses, and it will help many small businesses by making food safety regulations clearer and more consistent. This rule does not exempt small businesses, because food safety risks affect small as well as large businesses. DATCP will help train affected businesses on the implementation of HACCP plans and other food safety measures. The University of Wisconsin-Extension may offer seminars and training sessions at modest cost.

This rule will promote food safety for the benefit of consumers and food processors. This rule will clarify current regulations, and make them more consistent. That will facilitate compliance by food processors. This rule will not have a significant adverse impact on small businesses (or other businesses), and it is not subject to the delayed small business effective date under s. 227.22 (2) (e) , Stats.

Small business regulatory coordinator

To provide comments or concerns relating to small business, you may contact DATCP's small business regulatory coordinator Keeley Moll at the address below, or by emailing to [e-mail] or by telephone at [phone].

Agency Contact Person

Questions and comments related to this rule may be directed to:

Arthur Ness

Dept. of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Telephone [phone]

E-Mail: [e-mail]

Notice of Hearing

Commerce

Elevators, Escalators and Lift Devices, Ch. Comm 18

EmR0901 — CR 09-012

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.63 (1) , 101.73 (1) , and 101.82 (1) , Stats., the Department of Commerce will hold a public hearing on the proposed permanent rule and emergency rule under Chapter Comm 18 relating to suspension ropes and their connections serving elevators.

Hearing Information

The public hearing will be held as follows:

Date and Time:	Location:
March 2, 2009 Monday 10:00 a.m.	Thompson Commerce Building Conference Room 3B 201 W. Washington Avenue Madison, Wisconsin

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Appearances at the Hearing and Submission of Written Comments

Interested persons are invited to appear at the hearing and present comments on the proposed rule. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until March 13, 2009, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Larry Swaziek, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail] .

Copies of Proposed Rule

The proposed rule and an analysis of the proposed rule is available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/ . Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail] , or at telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Analysis Prepared by the Department of Commerce

Statutes interpreted

Sections 101.02 (15) (h) to (j) , 101.17 , 101.63 (1) , and 101.981 to 101.985 , and 101.988 , Stats.

Statutory Authority

Sections 101.02 (15) (h) to (j) , 101.17 , 101.63 (1) , and 101.981 to 101.985 and 101.988 , Stats.

Related statute or rule

Chapters Comm 60 to 66 , Wisconsin Commercial Building Code.

Chapters Comm 20 to 25 , Wisconsin Uniform Dwelling Code.

Explanation of agency authority

Under the authority of ss. 101.17 , 101.63 and 101.982 , Stats., the Department has the authority to promulgate rules for the safe installation and operation of conveyances (elevators, escalators and lift devices). Under the authority of ss. 101.17 , 101.983 and 101.988 , Stats., the Department has the authority to promulgate rules for required permits, inspection and enforcement of the technical standards. Currently, the Department has fulfilled this responsibility by promulgating the Elevators, Escalators and Lift Devices Code, chapter Comm 18.

Summary of proposed rule

The proposed rule repeals a provision that requires a wear and fatigue monitoring system and a device that protects against suspension loss for electric traction elevators using smaller sized wire ropes. The repeal is necessary because the American Society of Mechanical Engineers (ASME) did not incorporate a similar provision into the latest edition of its national A17.1 standard that is adopted by reference in Comm 18 which became effective January 1, 2009. Nationally, conveyance equipment is designed and manufactured to meet the ASME A17.1 standard.

Comparison with federal regulations

An Internet-based search of the code of federal regulations and the federal register did not identify any federal requirements relating to requiring a wear and fatigue monitoring system or a device that protects against suspension loss in electric traction elevators. There are no existing or proposed federal regulations that address the specific issue or impact the activities to be regulated by this proposed rule.

Comparison with rules in adjacent states

An Internet-based search found that all of the adjacent states adopt by reference certain editions of the ASME A17.1, Safety Code for Elevators and Escalators. The adjacent states also create amendments to the adopted standard similar to Wisconsin's administrative rules relating to elevators, escalators and lift devices.

None of the elevator or escalator regulatory programs in the states of Illinois, Iowa, Michigan or Minnesota had specific rules or standards regarding the wear and fatigue monitoring system or the device that protects against suspension loss for electric traction elevators as addressed by the Wisconsin rule being repealed by this proposed rule.

Summary of factual data and analytical methodologies

The proposed rule was developed using information gathered when the department learned that the ASME A17.1 Committee was not incorporating the section relating to the wear and fatigue monitoring system and the device that protects against suspension loss for electric traction elevators into its next edition of the national A17.1, Safety Code for Elevators and Escalators. The current edition of the national standard for the design and construction of conveyance serves as the basis for the proposed rule as well as for the remainder of chapter Comm 18.

In addition, the department involved the Conveyance Safety Code Council in its review and assessment process. Council members represent many stakeholders involved in the conveyance industry, including manufacturers, inspectors, building contractors and the general public as users of the conveyances.

Analysis and supporting documents used to determine effect on small business

The department believes the proposed rule will not increase the effect on small businesses from what the current rules impose on them. An economic impact report has not been required pursuant to s. 227.137 , Stats.

Small Business Impact

Initial regulatory flexibility analysis

Types of small businesses that will be affected by the rule.

The proposed rule will affect businesses that install and maintain electric traction elevators. Repealing the rule will save those businesses implementation costs.

Reporting, bookkeeping and other procedures required for compliance with the rule.

There are no reporting, bookkeeping or other procedures required for compliance with the rule.

Types of professional skills necessary for compliance with the rule.

There are no new types of professional skills necessary for compliance with the rule.

Rule has a significant economic impact on small businesses.

No.

Small business regulatory coordinator

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail] .

Environmental Analysis

NOTICE IS HEREBY GIVEN that the Department has considered the environmental impact of the proposed rule. In accordance with chapter Comm 1, the proposed rule is a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed the rule and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Fiscal Estimate

Summary

The proposed rule repeals code language requiring a wear and fatigue monitoring system and a device that protects against suspension loss for electric traction elevators using smaller sized wire ropes. Repealing s. Comm 18.1702 (8) will not affect department revenue or expenditures.

State fiscal effect

None.

Local government fiscal effect

None.

Fund sources affected

PRO.

Long-range fiscal implications

No long range fiscal implications are anticipated.

Agency Contact Person

Larry Swaziek, Program Manager

[e-mail]

(608) 267-7701

Text of Emergency Rule

SECTION 1. Comm 18.1702 (8) is repealed.

Text of Proposed Permanent Rule

SECTION 1. Comm 18.1702 (8) is repealed.

Notice of Hearing

Dentistry Examining Board

CR 09-007

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Dentistry Examining Board in ss. 15.08 (5) (b) , 227.11 (2) and 447.04 (1) (b) 1. , Stats., the Dentistry Examining Board will hold a public hearing at the time and place indicated below to consider an order to revise Chapters DE 1 and 2 , and to repeal Chapter DE 4 , relating to licensure of foreign trained dentists.

Hearing Information

Date:   March 4, 2009

Time:   9:00 a.m.

Location:   1400 East Washington Avenue
  Room 121A
  Madison, Wisconsin

Appearances at the Hearing and Submission of Written Comments

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to pamela.haack @wisconsin.gov . Comments must be received on or before March 20, 2009, to be included in the record of rule-making proceedings.

Copies of Proposed Rule

Copies of this proposed rule are available upon request to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at [e-mail] .

Analysis Prepared by the Department of Regulation and Licensing

Statutes interpreted

Section 447.04 (1) (a) and (b) , Stats.

Statutory authority

Sections 15.08 (5) (b) , 227.11 (2) and 447.04 (1) (b) 1. , Stats.

Explanation of agency authority

Section 447.04 (1) (b) 1. , Stats., enables the Dentistry Examining Board to write rules for the licensing of individuals who are licensed in good standing to practice dentistry in another country.

Related statute or rule

There are no related statutes or rules other than those listed above.

Plain language analysis

This proposed rule-making creates a route for foreign trained dentists to be licensed in Wisconsin. It creates requirements that a foreign trained dentist must meet to get a license for both initial licensure and endorsement.

SECTION 1 renumbers s. DE 1.02 (1) .

SECTION 2 creates a definition for "accredited" to mean accredited by the American Dental Association's Commission on Dental Accreditation (ADA CODA) or its successor agency. This is the same definition that is in s. 447.01 (1) , Stats.

SECTION 3 amends the rule to delete foreign trained dentists from the initial licensing requirements in s. DE 2.01 (1) . Section DE 2.01 (1) lists the items and evidence an applicant must submit to the board to receive an initial license.

SECTION 4 creates a new provision for initial licensure that applies only to foreign trained dentists. A foreign trained dentist will qualify for a license if he or she submits to the board evidence of graduation from a foreign dental school, evidence of the successful completion of an accredited postgraduate program in advanced education in general dentistry or an accredited general dental practice residency. In addition, a foreign trained dentist must submit the same information required of non-foreign trained dentists listed in s. DE 2.01 (1) (a) to (d) and (g) .

SECTION 5 amends the endorsement licensure provision in s. DE 2.04 (1) (a) , to enable foreign trained dentists to qualify for a license through endorsement. Currently, a foreign trained dentist cannot qualify for a license through endorsement because they do not meet the requirement that the applicant graduated from an accredited school of dentistry. This rule enables a foreign trained dentist to qualify for a license through endorsement if he or she submits evidence satisfactory to the board that he or she has graduated from a foreign dental school and has successfully completed an accredited postgraduate program in advanced education in general dentistry or an accredited general dental practice residency. All other requirements for qualifying for a license through endorsement remain in effect for all applicants.

SECTION 6 repeals ch. DE 4 , Educational Programs Meeting Licensing and Certification Requirements. Chapter DE 4 consists of ss. DE 4.01 and 4.02 . Section DE 4.01 states that the board shall approve ADA CODA accredited educational programs. That is already established in statute. It also allows the board to approve other programs. This rule repeals the board's ability to approve other programs.

Section DE 4.02 gives the board the authority to approve evaluation programs for foreign trained dentists. Repealing this provision takes away that authority from the board. The repeal of this provision is consistent with this proposed rule-making order. This rule-making order deletes the language in s. DE 2.01 (1) (e) that states that a foreign trained dentist meets the educational requirements for a license if verification is provided from a "board approved foreign graduate evaluation program of successful completion of the evaluation course." By deleting that language, s. DE 4.02 becomes obsolete for licensure purposes and should be repealed. This rule-making order replaces that deleted language by requiring a foreign trained applicant to have completed an ADA CODA approved program.

Comparison with federal regulations

There are no existing or proposed federal regulations.

Comparison with rules in adjacent states

Iowa:

Iowa requires attendance of at least 2 years at a CODA accredited school. No DDS or DMD is required, but the dean of the school attended must verify the same level of didactic and clinical education has been achieved as a graduate of the dental school. A diploma, degree, or certificate must be awarded upon completion.

Illinois:

A minimum of two academic years of general dental clinical training at a school in the United States or Canada approved by the department (CODA) approved school is required. However, an accredited advanced dental education program approved by the department.

Michigan:

Michigan requires completion of, at minimum, a 2 year program in an ADA approved school. No DDS or DMD is required. The individual must be confirmed by the dean of the school attended.

Minnesota:

A 2001 law makes international graduates eligible to take the clinical examination (e.g., CRDTS) if education is determined to be equivalent to a CODA accredited dental education program. International Credentialing Associates, Inc., (ICA) is the equivalency evaluation company the board uses. Minnesota accepts completion of an advanced program in dentistry (CODA approved) in lieu of ICA evaluation.

Summary of factual data and analytical methodologies

The board reviewed its current rules and the rules of other states. A considerable amount of time was spent during board meetings examining how foreign trained dentists are credentialed. This involved an analysis of the available evaluation programs that are operational in other states. The board also examined the process of accrediting postgraduate residency training programs. Representatives of the American Dental Association presented information to the board regarding its accreditation standards and procedures, and a significant amount of time was spent discussing how best to credential foreign trained dentists.

Analysis and supporting documents used to determine effect on small business

No new reports or forms are required under the rule. The impact on small businesses is anticipated to be positive due to the increase in the number of dentists available for hire. Nearly all dental practices in Wisconsin are small businesses.

Section 227.137 , Stats., requires an "agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an "agency" in this section.

Small Business Impact

These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) , Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail] , or by calling 608-266-8608.

Fiscal Estimate

Summary

The department estimates that this rule will require staff time in the Office of Legal Counsel, Office of Examinations, and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $9,732. The total on-going salary and fringe costs are estimated at $1,146.

Anticipated costs incurred by private sector

The department finds that this rule has no significant fiscal effect on the private sector.

Agency Contact Person

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail] .

Notice of Hearing

Insurance

CR 09-004

NOTICE IS HEREBY GIVEN that pursuant to the authority granted under s. 601.41 (3) , Stats., and the procedures set forth under s. 227.18 , Stats., the Office of the Commissioner of Insurance (OCI) will hold a public hearing to consider the adoption of a proposed rulemaking order revising sections Ins 17.01 (3) , 17.28 (3) (c) and (6) , Wis. Adm. Code, relating to fiscal year 2010 fund fees, provider classifications, and mediation panel fees and affecting small business.

Hearing Information

Date:   March 2, 2009

Time:   10:00 a.m., or as soon thereafter as the matter may
  be reached

Place:   OCI, Room 227, 2 nd Floor
  125 South Webster Street
  Madison, WI

Submission of Written Comments

Written comments can be mailed to:

Theresa L. Wedekind

Legal Unit - OCI Rule Comment for Rule Ins 1701

Office of the Commissioner of Insurance

PO Box 7873

Madison WI 53707-7873

Written comments can be hand delivered to:

Theresa L. Wedekind

OCI Rule Comment for Rule Ins 1701

Office of the Commissioner of Insurance

125 South Webster St – 2 nd Floor

Madison WI 53703-3474

Comments can be emailed to:

Theresa L. Wedekind

[e-mail]

Web site: http://oci.wi.gov/ocirules.htm

Comments submitted through the Wisconsin Administrative Rule Website at: http://adminrules. wisconsin.gov on the proposed rule will be considered.

The deadline for submitting comments is 4:00 p.m. on the 14 th day after the date for the hearing stated in this Notice of Hearing.

Copies of Proposed Rule and Agency Contact Person

A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet Web site at http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Public Information and Communications, OCI, at: [e-mail] , [phone], 125 South Webster Street – 2 nd Floor, Madison WI or PO Box 7873, Madison WI 53707-7873.

Analysis Prepared by the Office of the Commissioner of Insurance (OCI)

Statutes interpreted

Sections 655.27 (3) , and 655.61 , Wis. Stats.

Statutory authority

Sections 601.41 (3) , 655.004 , 655.27 (3) (b) , and 655.61 , Wis. Stats.

Explanation of agency authority

The commissioner of insurance, with the approval of the board of governors (board) of the injured patients and families compensation fund (fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the fund and the annual fee due for the operation of the medical mediation panel.

Related statutes or rules

None

Plain language summary

This rule establishes the fees that participating health care providers must pay to the fund for the fiscal year beginning July 1, 2009. These fees represent a 9.9% increase from fees paid for the 2008-09 fiscal year. The board approved these fees at its meeting on December 17, 2008, based on the recommendation of the board's actuarial and underwriting committee and reports of the fund's actuaries.

This rule includes additions to the Insurance Services Office (ISO) code listing to address new classification specialties. ISO codes are the numerical designation for a health care provider's specialty and are used to classify the provider for assessment purposes.

The board is also required to promulgate by rule the annual fees for the operation of the injured patients and families compensation mediation system, based on the recommendation of the director of state courts. The recommendation of the director of state courts was reviewed by the board's actuarial and underwriting committee. This rule implements the funding level approved by the board by establishing mediation panel fees for the next fiscal year at $25.00 for physicians and $5.00 per occupied bed for hospitals, representing an increase of $7.00 per physician and $2.50 per occupied bed for hospitals from 2008-09 fiscal year mediation panel fees.

Comparison with federal regulations

To the fund board's and OCI's knowledge there is no existing or proposed federal regulation that is intended to address patient compensation fund rates, administration or activities.

Comparison of rules in adjacent states

To the fund board's and OCI's knowledge there are no similar rules in the adjacent states to compare this rule to as none of these states have a patients compensation fund created by statute where rates are directed to be established yearly by rule as is true in Wisconsin.

Summary of factual data and analytical methodologies

None. This rule establishes annual fund fees pursuant to the requirements of the above-noted Wisconsin statutes.

Analysis and supporting documentation used to determine rule's effect on small businesses

This increase in fund fees and mediation panel fees will have an affect on some small businesses in Wisconsin; particularly those that employ physicians and other health care professionals. The mediation panel fee is assessed only on physicians and hospitals, not on corporations or other health care entities. These increases will affect only those small businesses that pay the fund fees and mediation panel fees on behalf of their employed physicians. However, these increases will not have a significant effect nor should it negatively affect the small business's ability to compete with other providers.

Small Business Impact

This rule will have little or no effect on small businesses. The increase contained in the proposed rule will require providers to pay an increased fund fee and mediation panel fee which will increase the operational expenses for the providers. However, this increase is not considered to be significant and will have no effect on the provider's competitive abilities.

Small business regulatory coordinator

The OCI small business coordinator is Eileen Mallow and may be reached at phone number [phone] or at email address [e-mail]

Fiscal Estimate

Summary

The Injured Patients and Families Compensation Fund (IPFCF or Fund) is a segregated fund. Annual Fund fees are established to become effective each July 1 based on actuarial estimates of the Fund's needs for payment of medical malpractice claims. The proposed fees were approved by the Fund's Board of Governors at its December 17, 2008 meeting.

The Fund is a unique fund; there are no other funds like it in the country. The Fund provides unlimited liability coverage and participation is mandatory. These two features make this Fund unique compared to funds in other states. The only persons who will be affected by this rule change are the Fund participants themselves as the IPFCF is fully funded through assessments paid by Fund participants.

There is no effect on GPR.

State fiscal effect

None.

Local government fiscal effect

None.

Fiscal effect on private sector

The increase in fees promulgated by this rule does not result in a significant fiscal effect on the private sector. Although a health care provider may pass this increase on to its patients, there will not be a significant fiscal effect on the private sector as a result of this proposed rule.

Fund sources affected

SEG.

Long-range fiscal implications

None.

Notice of Hearing

Medical Examining Board

CR 09-005

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Medical Examining Board in ss. 15.08 (5) (b) , 227.11 (2) and 448.04 (1) (i) 3. , Stats., the Medical Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. Med 20.05 (title), and to create s. Med 20.055 , relating to temporary certificates for respiratory care practitioners who are certified in other jurisdictions.

Hearing Information

Date:   March 18, 2009

Time:   8:30 a.m.

Location:   1400 East Washington Avenue
  (Enter at 55 North Dickinson Street)
  Room 121A
  Madison, Wisconsin

Appearances at the Hearing and Submission of Written Comments

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708, email at [e-mail] . Comments must be received on or before March 30, 2009, to be included in the record of rule-making proceedings.

Copies of Proposed Rule

Copies of this proposed rule are available upon request to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at [e-mail] .

Analysis prepared by the Department of Regulation and Licensing.

Statutes interpreted

Sections 448.04 (1) (i) 2. and 448.40 (1) , Stats.

Statutory authority

Sections 15.08 (5) (b) , 227.11 (2) and 448.04 (1) (i) 3. , Stats.

Explanation of agency authority

The Medical Examining Board has the authority under s. 448.40 , Stats., to promulgate rules establishing minimum standards for the practice of respiratory care, including the issuance of temporary certificates for respiratory care practitioners.

Related statute or rule

Section 448.04 (1) (i) , Stats., and s. Med 20.05 .

Plain language analysis

This proposed rule-making will conform ch. Med 20 , relating to respiratory care practitioners, to the provisions enacted by 2007 Wisconsin Act 54 , which created a temporary certificate for the practice of respiratory care. The temporary certificate to practice respiratory care authorized by this Act is available to a limited category of applicants who have passed the national examination and are licensed in another state. The Act allows for a maximum of three months of practice under the temporary certificate, which cannot be renewed. The proposed rule addresses the high demand for health care professionals such as respiratory care practitioners and makes its easier for hospitals, especially those along Wisconsin's borders, to recruit and hire qualified applicants that are licensed in neighboring states in a timely manner. Currently, the temporary certificate is only available to graduates who have not passed the national examination.

SECTION 1 amends the title to s. Med 20.05 .

SECTION 2 creates s. Med 20.055 relating to the requirements for issuance of a temporary certificate for applicants who are certified to practice in another jurisdiction.

Comparison with federal regulations

There is no existing or proposed federal regulation.

Comparison with rules in adjacent states

Iowa:

None.

Illinois:

There is a six month temporary license available for pending applicants until the next available examination is taken.

Michigan:

A temporary license is available for up to four years if the applicant has practiced as a full-time respiratory care practitioner for four years immediately preceding the date of application in certain, specified settings. A letter of recommendation from a Medical Director is also required.

Minnesota:

A temporary permit is issued and is valid until the board meets to decide on the application. A temporary permit is also available until the next available examination.

Summary of factual data and analytical methodologies

The proposed rules will conform a respiratory care practitioners rule to recent statutory changes brought about by 2007 Wisconsin Act 54 , which created s. 448.04 (1) (i) 3. , Stats.

Analysis and supporting documents used to determine effect on small business

The Medical Examining Board did not consult supporting documents other than 2005 Wisconsin Act 195 . It is merely updating its rules based on the legislative change.

Section 227.137 , Stats., requires an "agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an "agency" in this section.

Small Business Impact

These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) , Stats.

The Department's Regulatory Review Coordinator may be contacted by email at [e-mail] , or by calling 608-266-8608.

Fiscal Estimate

The department estimates that this rule will require staff time in the Office of Legal Counsel, Division of Management Services, and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $3,500. The total on-going salary and fringe costs are estimated at $600.

Anticipated costs incurred by private sector

The department finds that this rule has no significant fiscal effect on the private sector.

Agency Contact Person

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at pamela.haack@ wisconsin.gov .

Notice of Hearing

Medical Examining Board

CR 09-006

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Medical Examining Board in ss. 15.08 (5) (b) , 227.11 (2) , 448.05 (5) and 448.40 , Stats., the Medical Examining Board will hold a public hearing at the time and place indicated below to consider an order to revise ss. Med 8.08 and 8.10 (3) , relating to prescribing limitations for physician assistants.

Hearing Information

Date:   March 18, 2009

Time:   8:40 a.m.

Location:   1400 East Washington Avenue
  (Enter at 55 North Dickinson Street)
  Room 121A
  Madison, Wisconsin

Appearances at the Hearing and Submission of Written Comments

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708, email at [e-mail] . Comments must be received on or before March 30, 2009, to be included in the record of rule-making proceedings.

Copies of Proposed Rule

Copies of this proposed rule are available upon request to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at [e-mail] .

Analysis Prepared by the Department of Regulation and Licensing

Statutes interpreted

Section 448.21 (3) , Stats.

Statutory authority

Sections 15.08 (5) (b) , 227.11 (2) , 448.05 (5) and 448.40 , Stats.

Explanation of agency authority

The Medical Examining Board is granted the authority under s. 448.40 , Stats., to promulgate rules establishing licensing and practice standards for physician assistants for the purpose of protecting the public health, safety and welfare.

Related statutes or rules

Sections 448.04 (1) (f) and 448.05 (5) (a) , Stats., and Chapter Med 8 , Wis. Adm. Code.

Plain language analysis

This proposed rule-making will change the countersignature requirement of the physician assistant prescribing rule which currently provides that the supervising physician must countersign the prescription or patient record within 72 hours or one week, depending on the practice site. Based on the advances in physician assistants' licensure and prescriptive authority, including a record of safe prescribing, co-signature of every prescription is no longer needed. The proposed rule will allow for more flexibility between the physician and physician assistant by allowing the supervising physician to determine the method and frequency of the review based upon the prescriptive practice, the experience of the physician assistant and the patients' needs. In addition, the proposed rule re-conceptualizes the required written guidelines for prescribing to include the categories of drugs for which prescriptive authority has been authorized and the technological advancement in electronic communications and recordkeeping.

SECTION 1 amends rules to reflect the prescribing or dispensing of a drug pursuant to written guidelines for supervised prescriptive practice.

SECTION 2 repeals rules which currently provide that the supervising physician must countersign the prescription or patient record within 72 hours or one week, based on the advances in physician assistant licensure and prescriptive authority.

SECTION 3 creates rules to allow for more flexibility between the physician and physician assistant by allowing the supervising physician to determine the method and frequency of the review based upon prescriptive practice, experience of the physician assistant, and patient needs.

SECTION 4 amends rules to incorporate the technological advancement in electronic communications.

Comparison with federal regulations

There is no existing or proposed federal regulation.

Comparison with rules in adjacent states

Iowa:

Physician assistants may prescribe non-controlled and controlled substances (except schedule II depressants). They may dispense under certain conditions. Physician assistants who prescribe controlled medications must register with the DEA.

Supervision: A physician need not be physically present, but must be readily available by telecommunication.

Illinois:

A physician may delegate prescriptive authority for non-controlled and schedules III-V medications to physician assistants, with periodic review by the supervising physician. A physician must file notice of delegation of prescriptive authority to the physician assistant with the Department of Professional Regulation. The physician and physician assistant adopt written guidelines for prescribing. Physician assistants who prescribe controlled substances must register with state controlled substance authority and the DEA.

Supervision: Physical presence of a physician is not required. The physician must be able to consult by radio, telephone, or telecommunications. The supervising physician may designate an alternate supervising physician in accordance with statutes. Physicians within a practice group of the supervising physician may supervise the physician assistant with respect to their patients without being deemed an alternate supervising physician.

Michigan:

Physician assistants may prescribe non-controlled and schedules III-V medications as delegated by a supervising physician. Physician assistants may prescribe a 7-day supply of schedule II drugs as discharge medications. Supervising physicians' and physician assistants' names must be indicated on the prescription. Physician assistant prescribers of controlled medications must register with the DEA.

Supervision: A physician must be continuously available for direct communication in person or by radio, telephone, or telecommunication and must regularly review the physician assistant's performance and patient records, consult, and educate.

Minnesota:

Physician assistants may prescribe controlled (schedules II-V) and non-controlled drugs. The physician reviews prescribing by the physician assistant weekly. Physician assistants authorized to prescribe controlled medications must register with the DEA.

Supervision: Physical presence of a physician is not required. The physician assistant and supervising physician must be able to be in touch via telecommunication.

Summary of factual data and analytical methodologies

The Wisconsin Council on Physician Assistants initiated this rule by a request to the Medical Examining Board. The board's attorney drafted the rule in accordance with instructions from the Council. Council members sought the collaborative support of several groups and individuals interested in the rules governing prescribing by physician assistants and discussed the rule thoroughly at Council meetings. The Council examined the experience of other states, particularly that of Minnesota.

Analysis and supporting documents used to determine effect on small business

It is anticipated that the impact on small businesses will be positive because of the additional flexibility built into the supervisory relationship. The guidelines, which govern the relationship between the physician and the physician assistant, remain in place though the form will change slightly to include a section outlining the categories of drugs the physician assistant may prescribe.

Section 227.137 , Stats., requires an "agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an "agency" in this section.

Small Business Impact

These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) , Stats.

The Department's Regulatory Review Coordinator may be contacted by email at [e-mail] , or by calling 608-266-8608.

Fiscal Estimate

The department estimates that this rule will require staff time in the Office of Legal Counsel. The total one-time salary and fringe costs are estimated at $4,300. The total on-going salary and fringe costs are estimated at $2,400.

Anticipated costs incurred by private sector

The department finds that this rule has no significant fiscal effect on the private sector.

Agency Contact Person

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at pamela.haack@ wisconsin.gov .

Notice of Hearing

Regulation and Licensing

CR 09-008

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss. 227.11 (2) , 461.02 (7) and 461.06 , Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to create Chapter RL 186 , relating to the registration and regulation of professional employer organizations and groups.

Hearing Information

Date:   March 2, 2009

Time:   10:00 a.m.

Location:   1400 East Washington Avenue
  (Enter at 55 North Dickinson Street)
  Room 121A
  Madison, Wisconsin

Appearances at the Hearing and Submission of Written Comments

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708, email at [e-mail] . Comments must be received by March 20, 2009, to be included in the record of rule-making proceedings.

Copies of Proposed Rule

Copies of this proposed rule are available upon request to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at [e-mail] .

Analysis Prepared by the Department of Regulation and Licensing.

Statutes interpreted

Ch. 461 , Stats., and 2007 Wisconsin Act 189 .

Statutory authority

Sections 227.11 (2) , 461.02 (7) and 461.06 , Stats.

Explanation of agency authority

The Department of Regulation and Licensing is required under 2007 Wisconsin Act 189 to promulgate rules to implement the requirements under ch. 461 , Stats., relating to the registration of professional employer organizations and groups.

Related statute or rule

There are no other statutes or rules other than those listed above.

Plain language analysis

This proposed rule-making order creates new rules relating to the registration of professional employer organizations and groups. The rules contain provisions for the application and renewal of registrations and grounds for discipline of registrants.

SECTION 1 creates the following provisions:

1. Definitions for the terms "applicant," "client," "controlling person," "department," "electronic record," "electronic signature," "professional employer group," "professional employer organization" and "registrant."

2. Application requirements for initial and renewal registrations, including requirements for limited and alternative registrations and verification of the financial capability of applicants.

3. Grounds for discipline of professional employer organizations and groups.

Comparison with federal regulations

There is no existing or proposed federal regulation that relates to the regulation of professional employer organizations or groups.

Comparison with rules in adjacent states

Iowa:

Iowa has no specific professional employer organization license required.

Illinois:

A license is required from the Division of Insurance to operate a professional employer organization under the Employee Leasing Company Act s215.113 (ILCS). Professional employer organizations are known as employee leasing companies.

Michigan:

Michigan has no specific professional employer organization license required.

Minnesota:

Professional employer organizations must register with the Department of Commerce relating to their ability to sponsor workers' compensation insurance policies under s79.255 (MN Stats.).

Summary of factual data and analytical methodologies

Small and medium sized businesses outsource to professional employer organizations everything from administering the payroll and paying employment related taxes, to risk management, recruiting, providing health benefits and securing workers' compensation coverage according to the National Association of Professional Employer Organizations (NAPEO), the leading trade association for the profession, who also report that about 700 professional employer organizations are operating in 50 states; the average client of NAPEO members is a small business with an average of 19 employees; and larger businesses are signing up more and more.

Analysis and supporting documents used to determine effect on small business

According to statistics provided by NAPEO, between 1980 and 2000, the number of labor laws and regulations grew by almost two-thirds according to the federal Small Business Administration, which also estimated that owners of small and mid-sized businesses spent up to 25% of their time on employment-related paperwork. Professional employer organizations assume much of that responsibility and helps companies comply with all the related regulations. Additional statistics indicate that professional employer organizations provided enhanced access to employee benefits for 2-3 million working Americans because of the savings and benefits they provide to small businesses. Further, because the average client of NAPEO's member professional employer organizations has only 19 worksite employees, without professional employer organization relationships, NAPEO member employees would not have protection under COBRA, ADA or the FMLA. NAPEO also reports that professional employer organizations help tens of thousands of companies provide benefits such as health care plans, 401K tax-free savings accounts and other perks to working Americans. An estimated 95 percent of workers in a professional employer organization arrangement have access to a pension plan, and workers with access to a 401K dropped from 28 percent to 19 percent. Lastly, NAPEO indicates that professional employer organizations help improve the work environment and make it safer in that they focus on workplace risk management, safety programs and good human resources practices. Professional employer organizations arrange coverage for workers' compensation with major insurance carriers and manage the claims as well.

Small Business Impact

These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) , Stats.

The Department's Regulatory Review Coordinator may be contacted by email at larry.martin@ wisconsin.gov , or by calling 608-266-8608.

Fiscal Estimate

The department estimates that this rule will require staff time in the Office of Legal Counsel, Division of Management Services, Division of Board Services, and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $45,466. The total on-going salary and fringe costs are estimated at $29,340 with supplies and services costs of $12,500.

Anticipated costs incurred by private sector

The department finds that this rule has no significant fiscal effect on the private sector.

Agency Contact Person

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at pamela.haack@ wisconsin.gov .

Notice of Hearing

University of Wisconsin System

CR 08-099

NOTICE IS HEREBY GIVEN that pursuant to ss. 36.11 (1) , (2) , and (8) , and 36.35 , Stats., the Board of Regents of the University of Wisconsin System will hold a public hearing to consider the proposed revision to Chapter UWS 18 , relating to student nonacademic misconduct, and conduct on land under the control of the Board of Regents.

Hearing Information

Date:   March 5, 2009 (Thursday)

Time:   7:00 P.M.

Location:   Room 280, Zelazo Center
  UW-Milwaukee campus
  2419 E. Kenwood Boulevard
  Milwaukee, Wisconsin

Persons with disabilities requesting an accommodation to attend are asked to contact Judith Temby in advance of the hearing at [phone].

Copies of Proposed Rule

Copies of the text of the rule may be obtained at no charge from the Office of the Board of Regents, 1860 Van Hise Hall, 1220 Linden Drive, Madison, Wisconsin 53706 or on the internet at http://www.wisconsin.edu/admincode .

Submission of Written Comments

Comments may be submitted to: Jane S. Radue, Assistant Director, UW System Office of Operations Review and Audit; 780 Regent Street, Suite 210, Madison, WI 53715, E-mail: [e-mail] . The deadline for written comments is 4:30 p.m. on March 13, 2009 .

Analysis Prepared by the Board of Regents of the University of Wisconsin System

Statutes interpreted

Sections 36.11(1) , (2) and (8) , and 36.35 , Stats.

Statutory authority

Sections 36.11(1) , (2) and (8) , and 36.35 , Stats.

Explanation of agency authority

Sections 36.11(1) , (2) , and (8) give the Board of Regents police power over all property owned by the Board, and authority to adopt rules regulating conduct and parking on university lands. Section 36.35 , Stats., authorizes the Board and its designees to discipline students for misconduct, and directs the Board to promulgate rules governing student conduct and procedures for the administration of violations.

Related statutes or rules

None.

Plain language analysis

As a result of a recent review of ch. UWS 17 , relating to student nonacademic misconduct, the board is considering changes in the rules to address issues on campuses and in the broader university community that have arisen since the rules were last significantly revised in May 1996. Specifically, some conduct, such as hazing, falsification of ID cards, and illegal use of alcohol or controlled substances, is not adequately addressed in the current rule. The availability of electronic communications may improve and streamline notice and communication during the disciplinary process by allowing certain notifications to occur electronically rather than by personal delivery or first-class mail as currently provided. In addition, it is also desirable to clarify at this time certain terms in the provisions relating to disciplinary sanctions for nonacademic misconduct, including situations in which the misconduct occurs away from the campus but which adversely affects a substantial university interest. The proposed rule also seeks to improve the effectiveness of the disciplinary hearing process, while preserving and protecting students' due process rights.

Chapter UWS 18 addresses operation of motor vehicles, parking, and other conduct on land under the control of the Board of Regents. The board proposes several amendments to better organize the chapter, and to clarify the scope of prohibitions related to particular kinds of conduct on campus, such as bicycle riding, selling and soliciting goods and services, smoking within 25 feet of residence halls, using sound-amplifying equipment, and using computers. In the proposed rule, prohibitions on certain types of conduct are grouped according to categories that will make the rule easier to read and understand.

Comparison with federal regulations

There is no existing or proposed federal regulation for summary and comparison.

Comparison with rules in adjacent states

Public universities in Illinois, Iowa, Michigan, and Minnesota each have administrative policies relating to student non-academic misconduct and conduct on property under the control of the university.

Summary of factual data and analytical methodologies

There were no factual data or analytical methodologies used to develop the proposed rules.

Analysis and supporting documents used to determine effect on small business

The proposed rules affect only faculty, staff, and students of the University of Wisconsin System, and other persons using University of Wisconsin lands. They have no effect on small business.

Small Business Impact

The proposed rules will have no effect on small business.

Fiscal Estimate

The proposed rules will have no fiscal effect.

Agency Contact Persons

Anne E. Bilder, Senior System Legal Counsel

UW System Administration - 1850 Van Hise Hall

1220 Linden Drive

Madison, Wisconsin 53706

Telephone: [phone]

Email: [e-mail]

Jane S. Radue, Assistant Director

Office of Operations Review and Audit

UW System Administration

780 Regent Street — Suite 210

Madison, Wisconsin 53715

Telephone: [phone]

E-mail: [e-mail] .