The department does not believe that the proposed rules will increase the effect on small businesses over that imposed by the Act.
An economic impact report has not been required pursuant to s.
227.137
, Stats.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules:
The
2007 Wisconsin Act 197
affects governmental unit employees who administer and enforce regulations pertaining to design, installation and maintenance of POWTS by limiting the activities that such employees may undertake outside of their governmental employment relative to the design, installation and maintenance of POWTS. The proposed rules implement administrative forfeitures authorized under
2007 Wisconsin Act 197
for violations of these limitations. The proposed rules may to a degree affect POWTS design and/or contract businesses.
Reporting, bookkeeping and other procedures required for compliance with the rules:
There are no reporting or bookkeeping procedures required for compliance with the rules.
Types of professional skills necessary for compliance with the rules:
There are no new types of professional skills necessary for compliance with the rules.
Rules have 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 (608) 267-0297, or Email at
carol.dunn@wisconsin.gov
.
Environmental Impact
The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are 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 these rules 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
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal effect
No long-range fiscal implications are anticipated.
Agency Contact
James Quast
Program Manager
Phone: (608) 266-9292
Notice of Hearing
Insurance
NOTICE IS HEREBY GIVEN That pursuant to the authority granted under s.
601.41 (3)
, Stats., and the procedures set forth in s.
227.18
, Stats., the Office of the Commissioner of Insurance will hold a public hearing to consider the adoption of rules revising Chapters
Ins 2
,
5
,
6
,
26
and
28
, Wis. Adm. Code, relating to licensing, prelicensing, and continuing education for insurance agents, and affecting small business.
Hearing Information
Date:
April 13, 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
Copy of Proposed Rule
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the Web site at:
http://oci.wi.gov/ocirules.htm
or by contacting Inger Williams, OCI Services Section, at:
Phone:
(608) 264-8110
Address:
125 South Webster St – 2
nd
Floor,
Madison WI 53703-3474
Mail:
PO Box 7873, Madison, WI 53707-7873
Submission of Written Comments
Written comments can be mailed to:
Robert Luck
Legal Unit - OCI Rule Comment for Rule Ins 6
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
Robert Luck
Legal Unit - OCI Rule Comment for Rule Ins 6
Office of the Commissioner of Insurance
125 South Webster St – 2
nd
Floor
Madison WI 53703-3474
Comments can be emailed to:
Robert Luck
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.
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
Statutes interpreted
Statutory authority
Explanation of agency authority
OCI has authority to set the initial licensing procedures and renewal requirements for insurance agents in the state of Wisconsin. These changes modify the existing requirements to conform to NAIC model requirements for agents in all states.
Related statutes or rules
None.
Plain language analysis
This rule changes the agent licensing requirements to conform to the NAIC model requirements for licensing and regulation of insurance agents. Three new lines of authority, variable life, crop and surety are created to bring Wisconsin in conformance with the lines in the NAIC model. For the variable line, there will be a 6 month transition period where an agent can solicit under either the current licensing requirements or the new ones. After that period, the agent would only be able to solicit under the new requirements.
These proposals will now allow online, self study and correspondence course credits to satisfy the existing prelicensing education requirements. This conforms Wisconsin to requirements under the NAIC model.
The NAIC model requires that the state of residence use fingerprint identification for crime checks. There are 16 States that now require fingerprinting of their resident insurance agent applicants including AK, AZ, CA, CT, FL, ID, MT, NJ, NV, PA, OH, OR, TN, UT, WA and WV. Wisconsin statutes permit the commissioner to require fingerprints for this purpose (see 628.04(1c), Stats.) Currently, resident agent applicant's criminal records are checked using only the Department of Justice, Crime Information Bureau ("CIB"). The CIB database contains no information about federal convictions or convictions in other states. The CIB matches are currently done using a name match and can result in inaccurate matches. A fingerprint match is the only method that the CIB match can be verified. Thus a person who applies for a Wisconsin insurance license could fail to disclose significant convictions under federal law, in other states or even Wisconsin and OCI would have no method to catch the falsehood. OCI would license the person not knowing that the public may be at significant risk. The FBI requires fingerprint in order to provide criminal records to the Commissioner. Other Wisconsin agencies currently require fingerprint crime checks with the FBI including those holding securities licenses, teachers, private detectives, and health professionals. The current testing vendor contracted with OCI holds the current statewide contract for fingerprinting, and provides those services for the licenses identified above. Pursuant to the current contract, the fingerprints collected would be used only to do an FBI and CIB crime check and then destroyed.
Another change proposed is to raise the application fee for the initial licensing of insurance agents. Currently, the fees OCI collects from insurance agent applicants are less than what OCI pays to have the licensing examination administered. As with most state contracts, the contract for the administration of the licensing examination was recently rebid with the new contract effective July 1, 2009. This new contract contains higher charges for examination and processing and makes the current fee structure even more inadequate. Unless the initial licensing fees are raised, OCI will not be able to administer the licensing program without incurring substantial debt.
A similar situation exists with the agent renewal fees. The cost of continuing regulation of agents after they are licensed has increased and the current fee is inadequate.
Comparison with federal regulations
None.
Comparison of rules in adjacent states
All states are modifying their procedures regarding continuing education, prelicensing education and lines of authority to conform to the NAIC models as Wisconsin is doing in this revision. There are 16 States that now require fingerprinting of their residents insurance agent applicants including AK, AZ, CA, CT, FL, ID, MT, NJ, NV, PA, OH, OR, TN, UT, WA and WV.
Fees do vary by state and are as follows for Wisconsin's 4 adjacent states. (Wisconsin includes the testing fee in the current and proposed fees.)
Illinois:
Resident Application:
$180 plus testing fee of $103/line
Nonresident Application:
$250
Resident Renewal:
Biennial fee of $180/line of
authority
Nonresident Renewal:
Biennial fee of $250
Iowa:
Resident Application:
$50 plus testing fee of $71/line
Nonresident Application:
$50
Resident Renewal:
Biennial fee of $50
Nonresident Renewal:
Biennial fee of $50
Michigan:
Resident Application:
$10 plus testing fee of $51/line
Nonresident Application:
$10
Resident Renewal:
Biennial fee of $10
Nonresident Renewal:
No Renewal Fees
Minnesota:
Resident Application:
$40 plus $50/line plus testing
fee of $51/line
Nonresident Application:
$40 plus $50/line of authority
Resident Renewal:
Biennial fee of $40 plus $50/line
Nonresident Renewal:
Biennial fee of $40 plus $50/line
Factual data and analytical methodologies
NAIC Model Agent Licensing laws
Analysis and supporting documentation used to determine effect on small businesses
The fee increases are minimal.
Small Business Impact
This rule may have an effect on small businesses.
Raising the application fees will affect the cost for new agents and agents seeking to expand their authority. It would be a one time fee at the time of licensing and thus have minimal impact. The fee increase is needed to cover the increased costs of testing for that line of authority and in issuing new licenses.
The biennial renewal fee increases would increase the costs for currently licensed agents every 2 two years when the fee is due. The increases are very minimal — $5 per year for resident agents and $10 per year for non resident agents.
Other changes would allow agents to take continuing education credits online, by correspondence course or by self study, thus giving agents more choices in how to gain the required credits. This probably would reduce costs for agents and would not require the agents to physically attend the continuing education classes.
Initial regulatory flexibility analysis
Types of small businesses affected:
Insurance agents and agencies.
Description of reporting and bookkeeping procedures required:
None beyond those currently required.
Description of professional skills required:
None beyond those currently required.
Small business regulatory coordinator
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266-7843 or at email address
eileen.mallow@wisconsin.gov
Fiscal Estimate
Summary
This rule change will have no significant effect on the private sector regulated by OCI.
The Office of the Commissioner of Insurance (OCI) currently has a contract with a vendor to provide resident agent licensing exams and tracking of continuing education credits for insurance agents. The cost of the contract to provide these services to resident agents is currently more than the revenues that OCI brings in from the resident agents. This increase in fees will bring the costs and revenues more into alignment.
OCI projects issuing a total of 19,257 resident and nonresident agent licenses each year. The increased revenue from the increase in agent license fees is projected to be $1,109,300 per year with $110, 900 of the revenue going to GPR-Earned and $998,400 being retained by OCI.
OCI projects a total of 56,007 resident and nonresident agent biennial renewals each year. The increased revenue from the increase in the biennial renewal fee is projected to be $908,800 per year with $90,900 going to GPR-Earned and $817,900 being retained by OCI.
Total GPR-Earned $201,800
Total PR
$1,816,300
Total Revenue $2,018,100
State fiscal effect
Increase existing revenues.
Local government fiscal effect
None.
Long-range fiscal implications
OCI will no longer be paying its vendor more per resident agent licensing examination than it receives in revenues from these resident agents.
Agency Contact Person
Inger Williams, OCI Services Section, at:
Phone:
(608) 264-8110
Address:
125 South Webster St – 2
nd
Floor,
Madison WI 53703-3474
Mail:
PO Box 7873, Madison, WI 53707-7873
Notice of Hearing
Natural Resources
Environmental Protection — Air Pollution Control,
Chs. NR 400—
NOTICE IS HEREBY GIVEN
t
hat pursuant to ss.
227.11 (2) (a)
,
285.11 (1)
and
(16)
,
285.60 (6)
, and
285.67
, Stats., the Department of Natural Resources, hereinafter the DNR, will hold a public hearing to consider proposed rule revisions to Chapters
NR 406
,
407
,
419
,
439
, and
484
, relating to federal hazardous air pollutant regulations, biodiesel fuel, incorporation of statutory changes, and air permit applications.
The proposed revisions relate to issues for State Implementation Plan approvability, and the State Implementation Plan developed under s.
285.11 (6)
, Stats., will be revised.
Hearing Information
Date and Time:
Location:
April 16, 2009
Dept. of Natural Resources Bldg.
11:00 a.m. - 12:30 p.m.
(GEF 2)
.—
Room 613
101 South Webster Street
Madison, WI 53703
The public hearing site is accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult, please contact Robert Eckdale in writing at the DNR, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707; by E-mail to
robert.eckdale@wisconsin.gov
; or by calling (608) 266-2856. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the
Administrative Rules System Web site which can be accessed through the link provided on the
Proposed Air Pollution Control Rules Calendar at
http://www.dnr.state.wi.us/
air/rules/calendar.htm
. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Robert Eckdale, Bureau of Air Management Rules Coordinator, by e-mail at
robert.eckdale@ wisconsin.gov
or by calling 608-266-2856.
Submission of Written Comments
Comments on the proposed rule must be received on or before
April 24, 2009
. Written comments may be submitted by mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:
Joseph Brehm
Department of Natural Resources
Bureau of Air Management (AM/7)
101 S Webster St, Madison, WI 53703
Phone:
608-267-7541
Fax:
608-267-0560
Analysis Prepared by the Department of Natural Resources
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a)
, Stats., gives state agencies general rulemaking authority. Section
285.11 (1)
, Stats., gives the Department authority to promulgate rules consistent with ch.
285
, Stats. Section
285.11 (6)
, Stats., gives the Department the authority to develop a state implementation plan for the control of air pollution. Section
285.11 (16)
, Stats., requires the Department to promulgate rules, consistent with but no more restrictive than the federal clean air act, that specify the amounts of emissions that result in a stationary source being classified as a major source. Section
285.60 (6)
Stats., allows the Department to promulgate rules to exempt types of stationary sources from the requirement to get a construction permit, if the potential emissions from the sources do not present a significant hazard to public health, safety, welfare or to the environment. Section
285.67
, Stats., requires the Department to promulgate rules establishing criteria and procedures for revising air pollution control permits.
Related statute or rule
These rules relate directly to the permitting of activities that result in air emissions. The consent of the Attorney General will be requested for the incorporation by reference of an ASTM test method, in ch.
NR 484
.
Plain language analysis
The main objective of the proposed rule is to update permit language in chs.
NR 406
and
407
regarding federal Generally Available Control Technology (GACT) rules for hazardous air pollutants. The current state rules do not exempt certain source categories from the need to obtain a construction or operation permit as is done on the federal level. Sources in Wisconsin potentially affected by this rule are bulk gasoline terminals, bulk gasoline plants, gasoline dispensing facilities (gas stations), pipeline facilities and wood preserving facilities.
Rules are also proposed that add biodiesel fuel, by definition, as an alternative clean fuel. Currently a permit modification for existing sources, or a construction permit for new sources, is required in order to burn it.
This proposal would also amend the time frame for submittal of operation permit renewal applications. Current rules require the application be submitted 12-18 months prior to the expiration of the operation permit. The Department proposes to change this deadline to no later than six months prior to the expiration of the operation permit to reflect updated statutory requirements in s.
285.66(3)(a)
, Stats.
Currently only selected portions of our rules require submittal of two copies of permit applications and related materials. The proposed rule would correct this inconsistency so that two copies are required in all cases. Additionally, language will be added to allow for electronic copies. Two copies are required as one is retained by the central office and one copy is sent to the appropriate regional office.
Other non-substantive changes are being proposed for consistency, to update outdated rule language and to provide clarification where needed.
Comparison with federal regulations
The changes to chs.
NR 406
and
407
, Wis. Adm. Code, are incorporating updates from federal rules, as referenced in Section 5. Chapter
NR 407
is being changed as a result of a statutory change on the timeframe for the submittal of an operation permit renewal application. Other changes, to chs.
406
,
407
,
419
and
439
provide consistency within the rules by updating outdated language and providing clarification where appropriate. Chapter
484
is being amended to add an ASTM method for the testing of bio-diesel fuels
Comparison with similar rules in adjacent states
All the states (Illinois, Iowa, Michigan and Minnesota) manage an air construction and operation permit program. Comparisons between programs are difficult due to the varying ways sources may be exempt and how programs are funded.
The federal rules are effective nation-wide and the rules being proposed by the Department are essentially identical to the federal rules so the portions of the proposed rules dealing with the GACT standard should be similar or identical to rules in effect in adjacent states that have similar programs.
Summary of factual data and analytical methodologies
Since the Department is proposing rules consistent with federal regulations, and making consistency and clarification changes, the Department did not, with one exception, make use of any factual data or analytical methodologies in the rule development. That exception is the proposed amendment to ch.
NR 484
.
The only exception is the adding of biodiesel as a clean fuel. Based on emission information developed by EPA in "A Comprehensive Analysis of Biodiesel Impacts on Exhaust Emissions" (October 2002,
http://www.epa.gov/OMS/
models/biodsl.htm
), emissions from the burning of biodiesel are less than those of distillate fuels, except for Nitrogen Oxides (NO
x
). NO
x
emissions are approximately, 10% higher for a 20% blend of biodiesel and distillate fuels. Normally, biodiesel is not burned independently from other fuel types. By blending the fuels, existing burner design and fuel feed systems do not need to be altered. Emissions of hydrocarbons (21.1), particulate matter (10.1) and carbon monoxide (11.0) were all reduced with a 20% by the amounts shown in the parentheses. Carbon dioxide remained approximately the same.
Analysis and supporting documents used to determine the effect on small business
An analysis of the effect of the proposed rules on small business was not performed since most of the changes are identical requirements that are already in effect at a federal level, and the Department is required by statute to adopt federal regulations or to develop similar standards. Preparation of an economic impact report has not been requested. The proposed changes not based on federal regulations, were clarification in nature or updating of old or outdated language in the rules.
Small Business Impact
Because the proposed GACT rule changes for permitting sources of hazardous air pollutants may result in a limited number of sources becoming subject to federal operation permit requirements, some small businesses may be required to report their compliance status semi-annually instead of annually.
The proposed rule is not expected to have a significant economic impact on small businesses nor have a significant economic effect on any entity.
Fiscal Estimate
Summary
It is assumed there will be no direct fiscal effect with these rule changes. The proposed changes are intended to clarify the current rules and update permit requirements for hazardous air pollutants. These changes will result in clarifications and some permit exemptions, but not in substantial dollar savings or expenditures.
The DNR does not believe the proposed rule changes will have a significant effect on the private sector or on state and local governments. Minor savings may result from a proposed reduction in reporting requirements from semi-annual to annual, affecting both private and government owned facilities. In addition, minor savings could result from a proposed change to consider a switch to burning bio-fuels as a permit revision, and not a permit modification. Where the DNR charges a fee for a permit modification, there are no fees associated with a permit revision.
State fiscal effect
None
Local government fiscal effect
None
Long-range fiscal implications
NA
Environmental Impact
The DNR has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch.
NR 150
, Wis. Adm. Code. However, based on the comments received, the DNR may prepare an environmental analysis before proceeding. This analysis would summarize the DNR's consideration of the impacts of the proposal and any reasonable alternatives.
Agency Contact Person
Robert Eckdale, Bureau of Air Management
P.O. Box 7921
Madison, WI 53707
Phone:
(608) 266-2856.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s.
227.11 (2)
, Stats., and s.
460.04 (2)
, Stats.,
2007 Wisconsin Act 104
, the Department of Regulation and Licensing will hold a public hearing on an order adopting emergency rules to create section
RL 91.01 (3) (k)
, relating to training and proficiency in the use of automated external defibrillators for certification as a massage therapist or bodyworker.
Hearing Information
Date:
April 13, 2009
Time:
9:00 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, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to
pamela.haack@drl.state.wi.us
. Written comments must be received by April 13, 2009, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
2007 Wisconsin Act 104
amends ch.
460
, Stats., which regulates the profession of massage therapy and bodywork. The effect of the Act requires the Department of Regulation and Licensing to amend administrative rules for application for certification as a massage therapist or bodyworker. As required by
2007 Wisconsin Act 104
, the rule creates the requirement for applicants to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification.
Related statutes or rules
Plain language analysis
The massage therapy and bodywork statutes and administrative rules regarding application for certification, reciprocal certification and renewal do not have a requirement for training and proficiency in the use of an AED. This rule implements a provision of
2007 Wisconsin Act 104
, requiring applicants for a credential to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification.
SECTION 1 creates a requirement for applicants for a credential to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification.
Comparison with federal regulation
s
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states
Minnesota:
Minnesota does not have regulations or state requirements for massage therapy.
Michigan:
Michigan does not have regulations or state requirements for massage therapy.
Iowa:
Laws and rules for Iowa do not require automated external defibrillator (AED) training. One of the requirements for Iowa licensure is proof of current CPR and First Aid cards, Chapter
131
, 131.2(6) states: The applicant shall submit proof of completion of a cardiopulmonary resuscitation (CPR) course and a first-aid course that were certified by the American Red Cross, by the American Heart Association, or by the National Safety Council. One of the following shall be required:
a. Official transcript documenting completion of a CPR class and a first-aid class within one year prior to submitting the application for licensure; or
b. Copy of the current certification card(s) or renewal card(s).
Illinois:
Illinois does not appear to require proficiency and training in the use of AEDs as a requirement for licensure and renewal of massage therapists. Massage Therapists are licensed under Title 68: Professions & Occupations: Chap. VII, Dept. of Financial and Professional Regulation, Subchapter B, Professions and Occupations Part 1284 Massage Licensing Act, ss. 1284.30 Application for Licensure and 1284.60 Renewals
Summary of factual data and analytical methodologies
2007 Wisconsin Act 104
created a requirement for applicants for a credential as a massage therapy or bodyworker to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification. This requirement of the Act has been set forth in the newly created rule provision, as directed by the legislature.
Analysis and supporting documents used to determine effect on small business
Training for certification and renewal of certification may vary. The Madison Wisconsin Chapter of the American Red Cross (Badger Chapter) offers AED/CPR initial certification for $80.00 and $52.00 for review. Both trainings are valid for one year. Based on these figures, AED certification costs for a certified massage therapist could cost approximately $132.00 for the certification biennium and less so in subsequent bienniums (initial biennium in which AED certification was achieved: $132.00 initial certification plus $52.00 for review).
As of July 2008, there were 3,162 massage therapists and bodyworkers with active certifications.
Small Business Impact
This emergency rule will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats.
Fiscal Estimate
The department estimates that this rule will require staff time in the Office of Legal Counsel, Division of Management Services, Office of Exams, and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $3,032.
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 — Room 152
1400 East Washington Avenue
P.O. Box 8935
Madison, Wisconsin 53708
Telephone: 608-266-0495
Text of Emergency Rule
SECTION 1. RL 91.01 (3) (k) is created to read:
RL 91.01 (3) (k) Has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s.
46.03 (38)
, Stats., to provide the instruction.
Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of
2007 Wisconsin Act 104
provides that notwithstanding section
227.24 (1) (a)
and
(3)
of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated to implement
2007 Wisconsin Act 104
. Notwithstanding s.
227.24 (1) (c)
and
(2)
of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
This emergency rule was effective on September 10, 2008.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s.
227.11 (2)
, Stats., and s.
460.04 (2)
, Stats.,
2007 Wisconsin Act 104
, the Department of Regulation and Licensing will hold a public hearing to consider an order to create section
RL 91.01 (3) (k)
, relating to training and proficiency in the use of automated external defibrillators for certification as a massage therapist or bodyworker.
Hearing Information
Date:
April 13, 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, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to
pamela.haack@drl.state.wi.us
. Written comments must be received by April 13, 2009, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
2007 Wisconsin Act 104
amends ch.
460
, Stats., which regulates the profession of massage therapy and bodywork. The effect of the Act requires the Department of Regulation and Licensing to amend administrative rules for application for certification as a massage therapist or bodyworker. As required by
2007 Wisconsin Act 104
, the proposed rule creates the requirement for applicants to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification.
Related statutes or rules
Section
91.01
, Wis. Admin. Code.
Plain language analysis
The massage therapy and bodywork statutes and administrative rules regarding application for certification, reciprocal certification and renewal do not have a requirement for training and proficiency in the use of an AED. This proposed rule-making implements a provision of
2007 Wisconsin Act 104
, requiring applicants for a credential to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification.
SECTION 1 creates a requirement for applicants for a credential to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification.
Comparison with federal regulation
s
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states
Minnesota:
Minnesota does not have regulations or state requirements for massage therapy.
Michigan:
Michigan does not have regulations or state requirements for massage therapy.
Iowa:
Laws and rules for Iowa do not require automated external defibrillator (AED) training. One of the requirements for Iowa licensure is proof of current CPR and First Aid cards, Chapter
131
, 131.2(6) states: The applicant shall submit proof of completion of a cardiopulmonary resuscitation (CPR) course and a first-aid course that were certified by the American Red Cross, by the American Heart Association, or by the National Safety Council. One of the following shall be required:
a. Official transcript documenting completion of a CPR class and a first-aid class within one year prior to submitting the application for licensure; or
b. Copy of the current certification card(s) or renewal card(s).
Illinois:
Illinois does not appear to require proficiency and training in the use of AEDs as a requirement for licensure and renewal of massage therapists. Massage Therapists are licensed under Title 68: Professions & Occupations: Chap. VII, Dept. of Financial and Professional Regulation, Subchapter B, Professions and Occupations Part 1284 Massage Licensing Act, ss. 1284.30 Application for Licensure and 1284.60 Renewals
Summary of factual data and analytical methodologies
2007 Wisconsin Act 104
created a requirement for applicants for a credential as a massage therapist or bodyworker to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification. This requirement of the Act has been set forth in the newly created rule provision, as directed by the legislature.
Analysis and supporting documents used to determine effect on small business
Training for certification and renewal of certification may vary. The Madison Wisconsin Chapter of the American Red Cross (Badger Chapter) offers AED/CPR initial certification for $80.00 and $52.00 for review. Both trainings are valid for one year. Based on these figures, AED certification costs for a certified massage therapist could cost approximately $132.00 for the certification biennium and less so in subsequent bienniums (initial biennium in which AED certification was achieved: $132.00 initial certification plus $52.00 for review).
As of July 2008, there were 3,162 massage therapists and bodyworkers with active certifications.
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.
Fiscal Estimate
The department estimates that this rule will require staff time in the Office of Legal Counsel, Division of Management Services, Office of Exams, and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $3,032.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Text of Proposed Permanent Rule
SECTION 1. RL 91.01 (3) (k) is created to read:
RL 91.01 (3) (k) Has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s.
46.03 (38)
, Stats., to provide the instruction.
Agency Contact Person
Pamela Haack, Paralegal
Department of Regulation and Licensing
Office of Legal Counsel — Room 152
1400 East Washington Avenue
P.O. Box 8935
Madison, Wisconsin 53708
Telephone: 608-266-0495
