Comparison with similar 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 adjacent 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 documents used to determine effect on small business or in preparation of an economic impact report
This increase in fund fees will have an effect 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. The fund fee increases will affect only those small businesses that pay the fund fees and mediation panel fees on behalf of their employed physicians. However, the fund fee increase will not have a significant effect nor should it negatively affect the small business's ability to compete with other providers.
Effect on Small Business
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 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 (608) 266-7843 or at email address
eileen.mallow@wisconsin.gov
.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
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 the Fund's needs for payment of medical malpractice claims. The proposed fees were approved by the Fund's Board of Governors at its February 16, 2011, meeting and represent an increase of 8.5% over fiscal year 2011 fund fees.
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. Fund sources affected: SEG.
Local fiscal effect:
No local government costs.
Long-range fiscal implications:
None.
Private sector fiscal analysis
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.
Agency Contact Person
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
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs. NR 1 —
(DNR # FR-45-10)
NOTICE IS HEREBY GIVEN that pursuant to sections 227.16 and 227.17, Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on changes to Chapter
NR 46
regarding administration of the Managed Forest Law program on the date(s) and at the time(s) and location(s) listed below.
Hearing Information
The hearing will be held on:
Date and Time
Location
April 13, 2011
Marathon County Public Library
Wednesday
First Floor Meeting Room
at 10:00 A.M.
300 N. 1st Street
Wausau, WI 54403
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Kathryn J. Nelson in writing at the Department of Natural Resources, Forest Tax Program (FR/4) 101 S Webster, Madison, WI 53707; by E-mail to
Kathryn.Nelson@Wisconsin.gov
; or by calling (608) 266-3545. 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:
https://health.wisconsin.gov/admrules/
public/Home
. Use your Search feature to find the rule. You may want to search for NR 46, MFL, or forestry. Scroll down to find the rules under
Permanent Rules Under Promulgation
.
If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Kathryn J. Nelson, Department of Natural Resources, Forest Tax Program (FR/4), 101 S. Webster St, Madison, WI, 53703, or by calling (608) 266-3545.
Submittal of Written Comments
Comments on the proposed rule must be received on or before
April 22, 2010
. Written comments may be submitted by U.S. 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:
Kathryn J. Nelson
Department of Natural Resources
Forest Tax Program
101 S Webster St.
Madison, WI 53703
Phone:
(608) 266-3545
Fax:
(608) 266-8576
Analysis Prepared by Department of Natural Resources
Statute(s) interpreted
Subchs. I and VI, Ch.
77
, Stats.
Statutory authority
Plain language analysis
Repeal Subchapter II regarding the Woodland Tax Law and references to Woodland Tax Law throughout NR 46:
The Woodland Tax Law was a private landowner incentive program that allowed participants to pay reduced property tax while they grew trees for harvest. A management plan was developed for each parcel enrolled in the program that required harvesting of timber. Enrollment in Woodland Tax Law was for a 15 year period. Woodland Tax Law was repealed when the Managed Forest Law was enacted in 1985. The last Woodland Tax Law contacts expired on December 31, 2000. Repealing of this subchapter will eliminate wording in NR 46 for a program that no longer exists. There are no negative impacts to existing participants under Managed Forest Law or Forest Crop Law. Forest landowners wishing to enroll in a forestry tax incentive program may enroll in Managed Forest Law.
Amend the definition of "incompatible with existing uses of the land."
Lands that are considered incompatible with the production of timber products include those lands within a recorded subdivision plat defined under s.
236.02 (12)
, Stats. or other division of land recorded under s.
236.03 (1)
, Stats. This proposal eliminates an exception to allow for uniform interpretation and implementation of the rule. Lands that are divided as a subdivision plat are largely held for the purpose of providing land for housing development and do not easily allow for management of forested lands for timber products. Forest Crop Law lands that had subdivision plats created after enrollment into the Forest Crop Law program would no longer be allowed to enroll in Managed Forest Law unless the subdivision plat is vacated under Subchapter VIII, Section 236, Stats. even if there had been no sale of individual subdivision plat lots. There are no lands enrolled under Woodland Tax Law, so provisions relating to this program are no longer pertinent.
Repeal the definition of "management plan packet."
2009 Wisconsin Act 365
required that Managed Forest Law applications must include all supporting documents, including a management plan, map, forest reconnaissance data, property ownership documents (deeds, land contracts, etc.), tax statement, certified survey maps, and application fee, including a remittance form to properly deposit the application fee. A "management plan packet" is an obsolete phrase since passage of
2009 Wisconsin Act 365
. The proposal is to eliminate this phrase from NR 46.
Amend the wording of NR 46 to replace "petition" and "petitioner" with "application" and "applicant."
2009 Wisconsin Act 365
replaced the words "petition" with "application," and "petitioner" with "applicant." The proposal is that NR 46 would use the same wording as in statute.
Amend the application dates and requirements.
2009 Wisconsin Act 365
replaced the March 31, May 15 and July 1 application deadlines with a June 1 application deadline. The statutory change also required that management plans need to be submitted with the application. Independent certified plan writers would continue to provide application and management plan development service to landowners. DNR foresters provide these services in situations where services from independent certified plan writers are not available. Proposed changes to NR 46 would make all dates and requirements for Managed Forest Law applications consistent with new statutory language.
Amend MFL application fees.
Recording fees at local register of deeds offices have increased to $30.00 per document. The department is required to collect the cost of recording Managed Forest Law documents from landowners as an application fee. The proposal is to increase the application fee from $20 to $30 per county for each application.
Repeal NR 46 wording requirements in application forms and management plans.
NR 46 currently lists wording requirements to be used on the application and management plan regarding building characteristics and management plans. Application forms are required to have certain information regarding building characteristics and wording in management plans for landowners to acknowledge that violations of the building requirements may cause lands to be withdrawn from the Managed Forest Law program. These specific wording requirements were inserted into NR 46 at a time when the building provisions were new, however these building provisions have been in effect since 1998. The proposal is to remove the wording requirements from NR 46 so that no one statutory or administrative code provision is highlighted over and above other provisions of the Managed Forest Law.
Amend the certified plan writer program certification requirements.
The department has amended its training requirements according to the skills and training needs of students. NR 46 states the homework required for plan writer certification. Proposed amendments to NR 46 eliminate the specific homework requirements to allow the department to better meet student training needs.
Amend reporting dates as a result of new application deadlines provided for in
2009 Wisconsin Act 365
.
Deadlines for certified plan writers to report management plan cost data must be adjusted in order to have new costs available for use for the new Managed Forest Law application dates. The NR 46 proposal will be to move the dates to collect cost data to be one month earlier from May 31 to May 1 of each year.
Require that owners buying lands from large ownerships as defined in NR 46.18(4) provide a management plan within one year of the transfer date.
Historically, the department has written management plans free of charge. This proposal requires that landowners who purchase lands from large ownerships provide a management plan within 1 year of the date of transfer. Landowners would follow the same protocol to obtain the services of a certified plan writer as new enrollees.
Require that owners who no longer meet the qualifications of a large ownership in NR 46.18(4) must provide a management plan within one year of losing large ownership status.
Landowners who no longer qualify as a large ownership as defined in NR 46.18(4) are placed in the small landowner category, requiring that a management plan be developed. Historically the department has written these plans. This proposal would require that landowners who lose their status as a large ownership provide a management plan within 1 year of the date of losing their large ownership status. Landowners would follow the same protocol to obtain the services of a certified plan writer as new enrollees.
Amend wording associated with the alternative withdrawal tax calculation.
Landowners who withdraw lands early from the Managed Forest Law are required to pay a withdrawal tax based on a formula that multiplies the assessed value, tax rate and years under the law, or based on 5% of the average stumpage value for the market zone. Adjustments to the wording will clarify that the withdrawal tax estimates are not the same as the Department of Revenue withdrawal tax estimates recently created in
2009 Wisconsin Act 365
. NR 46 wording changes will also include statutory references regarding renewal of lands under Managed Forest Law.
Comparison with existing or proposed federal regulations
There are no known federal rules which apply to the Managed Forest Law program.
Comparison with similar rules in adjacent states
Minnesota, Michigan, Iowa and Illinois offer some type of incentive program to forest landowners, however their program requirements are not as comprehensive as Wisconsin's Managed Forest Law.
Effect on Small Business
Effect on small business will be de minimis.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
Summary of the changes to NR 46, Wis. Admin. Code under FR-45-10.
Changes to NR 46 include a variety of topics including elimination of the subsection associated with management of the Woodland Tax Law, changing the definition of "incompatible with existing uses of the land," repealing of the definition of "management plan packet," replacing the words "petition" and "petitioner" with "application" and "applicant," amending the application dates and requirements, amending the application fees, repealing the requirement for specific wording on application forms and management plans, amending the requirements to be certified as a plan writer, amending reporting dates for certified plan writers, requiring that owners buying lands from larger ownerships provide a management plan within one year of the date of transfer, requiring that owners who no longer meet the qualifications of a large ownership provide a management plan within one year of losing large ownership status, amending wording associated with the alternative withdrawal tax calculation.
Most provisions of the proposed NR 46 rule change have no fiscal impact on state or local revenues or expenditures, including provisions to repeal subchapter II, amend or repeal definitions, amending application deadlines and requirements, repeal specific wording used in MFL forms, amend certified plan writer program certification requirements, amend certified plan writer reporting dates, amending wording associated with determining the alternative withdrawal tax.
Changes to NR 46 that do have a fiscal impact include the following:
STATE FISCAL IMPACT:
Amend MFL application fees.
The department's cost to record orders at the register of deeds office has increased from $20 to $30 per order. Since MFL landowners pay an application fee that covers the recording costs, application fees must be increased from $20 to $30. Over the past 5 years, an average of 1,249 applications have been received for entry into MFL. This new entry is expected to be constant for the next 5 years. In addition, there is an expected increase in applications due to the renewal of lands from expiring MFL entries. Roughly 67% of lands that are expiring from the Forest Crop Law program re-enroll under MFL. If this trend remains constant it is expected that an average of 837 renewals will be submitted annually. If landowners pay an additional $10 per entry for new or renewal applications, the department will collect an additional $20,860 to cover the recording costs (1,249 new entries + 837 renewals = 2,086 total entries x $10/entry = $20,860).
LOCAL GOVERNMENT FISCAL IMPACT:
None.
PRIVATE SECTOR FISCAL IMPACT:
Require that owners buying lands from large ownerships, as defined in NR 46.18(4), provide a management plan within one year of the transfer date.
Roughly 113 transfers from a large ownership to a small ownership have occurred annually from calendar year 2005 through 2009. Under this rule proposal, landowners would be required to provide a management plan within one year of the date of transfer that would be written by a certified plan writer. DNR foresters would write a management plan only if services from a certified plan writer are not available.
Certified plan writers charge for their services in a variety of ways including: (1) a combination of plan cost and per acre cost, (2) per acre costs only, (3) hourly costs or (4) project costs. To determine the cost of plan writing services for this fiscal estimate the cost the department would charge to write a management plan is used, which is based on the plan cost and per acre costs. DNR determines these costs by averaging the costs certified plan writers annually charge landowners for plan writing services. The current base rate, or cost per plan is $470 per plan, with an additional charge of $6.73 per acre.
The average MFL ownership is 67 acres; therefore, landowners would collectively spend $104,062.83 to have these plans prepared by certified plan writers [(113 plans x $470/plan) + (7,571 acres (67 ac. per plan x 113 plans) x $6.73/acre) = $104,062.83].
Require that owners who no longer meet the qualifications of a large ownership in NR 46.18(4) must provide a management plan within one year of losing large ownership status.
Currently there are two large landowners who no longer meet the qualifications of a large landowner that would need to develop management plans through a certified plan writer. Under this rule proposal these two landowners would need to have management plans developed at a cost of $17,032.99 [(10 plans x $470/plan) + (1,832.54 acres x $6.73/acre) = $17,032.99].
State fiscal effect:
Increase existing revenues.
Fund sources affected: SEG.
Local fiscal effect
No local government costs.
Anticipated cost by private sector
Landowners applying for Managed Forest Law will pay an additional $15 per county for MFL applications. This extra cost covers the fees to record new MFL Orders of Designation with registers of deeds.
Agency Contact Person
Kathryn J. Nelson
Forest Tax Program and Policy Chief
Ph: 608-266-3545
Notice of Hearing
Regulation and Licensing
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss.
15.08 (5) (b)
,
227.11 (2)
and
443.015
, Stats., Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to create Chapter
A-E 13
, relating to continuing education requirements for professional engineers.
Hearing Information
The hearing will be held on:
Date and Time
Location
April 19, 2011
Room 121A
Tuesday
1400 East Washington Avenue
at 1:30 P.M
Madison, WI 53703
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Kris Anderson, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
Kristine1.Anderson@wisconsin.gov
.
Appearances at the Hearing and Submittal 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. Comments may be submitted to Kris Anderson, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to
kristine1.anderson@wisconsin.gov
. Comments must be received on or before
April 19, 2011
to be included in the record of the rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statute(s) interpreted
Statutory authority
Explanation of agency authority
Under
2007 Act 47
, codified at s.
443.015
, Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors is authorized to establish rules regarding continuing education (CE) requirements for purposes of renewing the credential of individuals licensed under Ch.
443
, Stats.
Related statute or rule
There are no other statutes or rules than those listed above.
Plain language analysis
This proposed rule-making creates ch.
A-E 13
, Wis. Admin. Code, relating to continuing education requirements for the credential renewal of professional engineers within the jurisdiction of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors, as permitted under s.
443.015
, Stats.
SECTION 1 creates ch.
A-E 13
, entitled "CONTINUING EDUCATION FOR PROFESSIONAL ENGINEERS."
SECTION 2 creates s.
A-E 13.01
, entitled "Authority and purpose." This section provides the statutory authority for the creation of ch.
A-E 13
, and indicates that ch.
A-E 13
implements biennial continuing education requirements for professional engineer registrants.
SECTION 3 creates s.
A-E 13.02
, entitled "Definitions." This section defines, in numbered subsections, seven (7) terms as they are used in ch.
A-E 13
: (1) "biennium," (2) "college semester hour," (3)"continuing education," (4) "continuing education unit" or "CEU," (5) "course" or "activity," (6) "EAC/ABET," and (7) "professional development hour" or "PDH."
SECTION 4 creates s.
A-E 13.03
, entitled "Continuing education." This section has three (3) subsections. Subsection (1) of s.
A-E 13.03
has four lettered paragraphs. Paragraph (a) provides that beginning with the August 2012 biennial registration period, all registered professional engineers who have renewed their credential one or more times shall complete at least 30 PDHs of approved continuing education each biennial period.
Paragraph (b) provides that of those 30 required PDHs, 2 must be in the area of professional conduct and ethics.
Paragraph (c) provides that of those same 30 PDHs, a maximum of 13 may be obtained through courses in either a traditional classroom setting, by computer conferencing, or by video conferencing, in which participants can communicate directly with each other and the instructor.
Paragraph (d) provides that a maximum of 15 PDHs earned in excess of the 30 required for one biennial registration period may be used toward the next biennium's continuing education requirements.
Subsection (2) of s.
A-E 13.03
sets forth, in lettered paragraphs, seven (7) different means by which a registrant may satisfy his or her biennial continuing education requirements: (a) completing courses offered at an EAC/ABET-accredited engineering school or college; (b) completing short courses or tutorials and distance education courses offered via correspondence, DVD, or the internet; (c) presenting or attending seminars, in-house courses, workshops, or making professional or technical presentations at meetings, conventions, or conferences; (d) teaching or instructing any of the courses or programs listed in paragraphs (a) to (c), where the PDH earned for each hour of teaching is twice that earned for participation only; (e) publishing papers, articles, or books in the registrant's practice area, where each such publication earns 5 PDHs, and where peer-reviewed publications earn 10; (f) participating in professional and technical societies for a maximum of 4 PDHs per biennium, where participation as an officer or committee member earns 2 PDHs per year; and (g) attaining a patent in the registrant's practice area, where each such patent earns 10 PDHs.
Subsection (3) of s.
A-E 13.03
provides that any registrant who fails to meet the continuing education requirements by the registration renewal date may not practice professional engineering until renewal has been achieved.
SECTION 5 creates A-E 13.04, entitled "Examples of qualifying activities." This section provides five (5) examples of qualifying activities in numbered subsections.
SECTION 6 creates s.
A-E 13.05
, entitled "Standards for approval
.
" This section has two subsections. Subsection (1) of s.
A-E 13.05
establishes, in lettered paragraphs, four criteria for approval of a continuing education program.
Subsection (2) of s.
A-E 13.05
provides that the professional engineer section of the joint A-E examining board has final authority to approve continuing education courses and other methods for earning PDHs. Subsection (2) also lists, in lettered paragraphs (a) – (n), fourteen (14) approved provider entities, and in lettered paragraphs (o) and (p), two (2) general, or catch-all, categories of potential continuing education providers that may seek approval from the professional engineer section.
SECTION 7 creates s.
A-E 13.06
, entitled "Certificate of completion; proof of attendance." This section has three (3) subsections. Subsection (1) of s.
A-E 13.06
requires applicants for registration renewal to certify their compliance with the continuing education requirements of ch.
A-E 13
.
Subsection (2) of s.
A-E 13.06
provides that the professional engineering section may randomly audit registrants biennially for continuing education compliance.
Subsection (3) of s.
A-E 13.06
provides that within 30 days of receiving a written request from the section for evidence of compliance, a registrant shall submit such evidence, and that failure to do so will result in denial of the registrant's renewal application.
SECTION 8 creates s.
A-E 13.07
, entitled "Recordkeeping." This section has three (3) numbered subsections. Subsection (1) of s.
A-E 13.07
requires all registrants to maintain, on a form approved by the professional engineer section, records of having satisfied the continuing education requirements for at least the three (3) most recent biennia.
Subsection (2) of s.
A-E 13.07
provides that the records maintained under subs. (1) must include evidence of registrant's attendance at, and completion of, any program providing continuing education the registrant counts toward his or her required PDHs.
Subsection (3) of s.
A-E 13.07
requires registrants to convert any CEUs awarded for continuing education courses to PDHs for recordkeeping.
SECTION 9 creates s.
A-E 13.08
, entitled "Waiver of continuing education." This section has six (6) numbered subsections. Subsection (1) of s.
A-E 13.08
provides that renewal applicants may request, in writing, a waiver of the continuing education requirements for reasons of "extreme hardship." The professional engineer section, or its designee, will have sole discretion on how to address such requests.
Subsection (2) of s.
A-E 13.08
defines "extreme hardship" as an inability to fulfill the continuing education requirements during a particular biennial period for one of the four (4) reasons set forth in lettered paragraphs (a) – (d). Paragraphs (a) – (c) describe specific hardship situations; paragraph (d) allows the professional engineer section to waive the requirements under any other extenuating circumstances it finds acceptable.
Subsection (3) of s.
A-E 13.08
prohibits the professional engineer section from waiving continuing education requirements for the same registrant for two consecutive biennia.
Subsection (4) of s.
A-E 13.08
allows the professional engineer section to waive the continuing education requirements for a renewal applicant who has maintained an active Wisconsin license for at least 30 years, provided that the applicant has retired from the profession and no longer receives compensation for his or her services.
Subsection (5) of s.
A-E 13.08
prohibits a renewal applicant who has received a waiver under subs. (4) from practicing professional engineering until he or she has met the late renewal requirements set forth in s.
A-E 13.10
.
Comparison with existing or proposed federal regulations
There is no existing or proposed federal regulation.
Comparison with similar rules in adjacent states
Illinois:
Thirty hours of continuing education are required for professional engineers each biennial renewal.
http://www.
ilga.gov/commission/jcar/admincode/068/0680113800003250R.html
.
Iowa:
Michigan:
Minnesota:
Summary of factual data and analytical methodologies
The Professional Engineer Section of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors examined models of continuing education from the National Council for Examiners of Engineers and Surveyors, as well as from other Wisconsin regulatory boards.
In addition, the section received input from a steering committee organized by the Wisconsin Society of Professional Engineers which included representatives of 10 professional engineering societies or trade associations. The steering committee discussed the content and operation of the proposed draft for purposes of creating a continuing education program that will be beneficial to both the public and professional engineers.
The comparison information with the rules in adjacent states was obtained directly from contact with those states and a review of their rules. The comparisons to the adjacent states demonstrate that the proposed rules are substantially consistent with the rules in those states.
Analysis and supporting documents used to determine effect on small business
Data was obtained from the Department of Regulation and Licensing's Credentialing Division Renewal Unit, additional information was obtained from the steering committee organized by the Wisconsin Society of Professional Engineers and research was conducted regarding the availability of continuing education credits offered via online courses, trade associations sponsored seminars and other means, as well as the costs associated therewith. That data was compared with the requirements outlined in the proposed rules and based thereon, appears that these rules will have no significant impact on a substantial number of 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.
Effect on Small Business
These proposed rules will be reviewed by the department's Small Business Review Advisory Committee to determine whether the rules will have any significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats.
Small business regulatory coordinator
The Department's Regulatory Review Coordinator may be contacted by email at
john.murray@wisconsin.gov
, or by calling (608) 266-2112.
Fiscal Estimate
The department estimates that this rule will require staff time in the Office of Exams, Division of Board Services and Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $12,400. The total on-going salary and fringe costs are estimated at $11,800.
Anticipated costs incurred by the private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Agency Contact Person
Kris Anderson, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-2385; email at
kristine1.anderson@wisconsin.gov
.
Notice of Hearing
Regulation and Licensing
Hearing and Speech Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Hearing and Speech Examining Board in sections
15.08 (5) (b)
,
227.11 (2)
,
459.095
,
459.12 (1)
,
459.24 (5m)
, Stats., and interpreting section
459.095
and
459.24 (5m)
, Stats., the Hearing and Speech Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend section
HAS 8.03 (1)
, to repeal the Note following section
HAS 8.03 (1)
, amend section
HAS 8.03 (3)
and
(6)
and to amend section
HAS 8.04 (6)
, relating to continuing education.
Hearing Information
The hearing will be held on:
Date and Time
Location
April 25, 2011
Room 121A
Monday
1400 East Washington Avenue
at 1:15 P.M.
Madison, WI 53703
Appearances at the Hearing and Submittal 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 the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708, or by email to
sharon.henes@wisconsin.gov
. Written comments must be received by 1:15 p.m. on
April 25, 2011
to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Sharon Henes, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
sharon.henes@wisconsin.gov
.
Analysis Prepared by the Department of Regulation and Licensing
Statute(s) interpreted
Statutory authority
Explanation of agency authority
The Hearing and Speech Examining Board has the authority under ss.
459.095
,
459.12 (1)
and
459.24 (5m)
, Stats., to promulgate rules relating to continuing education.
Related statute or rule
There are no other statutes or rules other than those listed.
Plain language analysis
Section 1 of the proposed rule amends to require at least 2 hours of ethics as part of the required 20 hours of continuing education.
Section 2 of the proposed rule repeals the note following HAS 8.03(1) which states that a list of approved programs may be obtained from the Board.
Section 3 of the proposed rule amends the statement certifying that he or she has completed the continuing education programs to include at least 2 of the hours in ethics. It creates an exemption so a licensee is not required to take or report continuing education prior to or at the time of the first renewal of the license.
Section 4 of the proposed rule amends to allow other acceptable continuing education activities including employer in-service training, other professional organizations' programs, college or university course work and courses offered by any provider authorized by the International Association for Continuing Education and Training. Prior approval is not required for activities related to professional development or practice completed during the renewal period.
Comparison with existing or proposed federal regulations
None.
Comparison with similar rules in adjacent states
Illinois:
Illinois includes ethics as an approved content area, but no hour requirement is imposed.
http://www.ilga.gov/
commission/jcrar/admincode/077/07703000sections.html
.
Iowa:
Michigan:
Michigan has no requirements for continuing education.
Minnesota:
Summary of factual data and analytical methodologies
No study resulting in the collection of factual data, other than a review of surrounding states, was used relating to this rule. The primary methodology for revising the rule is based on the Board's collective experience and determination that a change is necessary.
Analysis and supporting documents used to determine effect on small business
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.
Effect on Small Business
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats.
Small business regulatory coordinator
The Department's Regulatory Review Coordinator may be contacted by email at
John.Murray@wisconsin.gov
, or by calling (608) 266-8608.
Fiscal Estimate
The department estimates that the proposed rule will have no significant fiscal impact.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Agency Contact Person
Sharon Henes, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 116, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-2377; email at
sharon.henes@wisconsin.gov
.
Notice of Hearing
Regulation and Licensing
Radiography Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Radiography Examining Board in sections 15.08 (5) (b), 227.11 (2), 462.06, Stats, and interpreting Chapter
262
, Stats, the Radiography Examining Board will hold a public hearing at the time and place indicated below to consider an order to create Chapters
RAD 1
,
RAD 2
,
RAD 3
,
RAD 4
,
RAD 5
and
RAD 6
relating to standards for courses of study, examinations, continuing education, and a code of ethics for the newly created radiographer license and limited x-ray machine operator permit.
Hearing Information
Date and Time
Location
May 10, 2011
Room 121C
Tuesday
1400 East Washington Avenue
at 9:15 A.M.
Madison, WI 53703
Appearances at the Hearing and Submittal 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 the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708, or by email to
sharon.henes@wisconsin.gov
. Written comments must be received by 9:15 a.m. on
May 10, 2011
, to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Sharon Henes, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
sharon.henes@wisconsin.gov
.
Analysis Prepared by the Department of Regulation and Licensing
Statute(s) interpreted
Statutory authority
Explanation of agency authority
Under
2009 Act 106
, codified at s.
462.06
, Stats., the Radiography Examining Board (RAD) is authorized to promulgate rules which establish the standards for courses of study, examinations, continuing education, and a code of ethics for the newly created radiographer license and limited x-ray machine operator permit (LXMO), and to effectuate the purpose of the statute.
Related statute or rule
There are no other statutes or rules other than those listed above.
Plain language analysis
SECTION 1 creates ch.
RAD 1
, entitled "Authority and Definitions."
Section
RAD 1.01
identifies the statutory authority under which chapters RAD 1 to 6 are adopted.
Section
RAD 1.02
defines the terms used in chapters RAD 1 to 6 applicable to the credentialing and practice of radiographers and limited x-ray machine operators.
SECTION 2 creates ch.
RAD 2
, entitled "Requirements for Radiographer License"
Section
2.01
establishes the criteria for issuance of a license to practice as a radiographer.
Section
2.02
establishes the standards for an approved course of study.
Section
2.03
establishes the standard for examination required for licensure.
Both Section
2.02
and
2.03
provide that active certification by the American Registry of Radiologic Technologists (ARRT) is deemed to satisfy the educational and examination requirements for licensure in the proposed rules.
Section
2.04
contains the requirements for issuance of license by endorsement to persons who holds a radiography credential in another jurisdiction.
Section
2.05
provides the basis for denial of an application for licensure.
Note: Although the non-statutory provisions of
2009 Act 106
creates a transitional period for the issuance of a radiographer license, the educational qualifications of the national examination provider, ARRT, effectively preclude the board from offering a license under the non-statutory terms of the act. The ARRT requires that a person shall complete an approved course of study in radiography to be eligible to take the ARRT radiographer examination, as well as sets the passing score, and defines the reexamination options available to examinees. Unlike the limited scope machine operator examination for which eligibility can be determined by each state under the state laws, the board cannot waive the completion of an approved course of study for the ARRT radiographer examination.
SECTION 3 creates ch.
RAD 3
, entitled "Requirements for Limited X-Ray Machine Operator (LXMO) Permit".
Section
3.01
establishes the criteria for issuance of a permit to practice as a LXMO.
Section
3.02
establishes the standards for an approved course of study for a permit.
Section
3.03
establishes the standards for examination.
Section
3.04
establishes the Board's authority to determine the passing grade for the examination.
Section
3.05
limits the number of reexamination attempts allowed within a 12 month period.
Section
3.06
establishes the requirements for issuance of a permit during the non-statutory transitional period. During the "transitional" period a person may receive a LXMO permit without completing a formal course of study if the person has been engaged in the limited scope practice of radiography for at least 3 of the 5 years immediately preceding the application. A person who applies for a permit during the transitional period shall successfully pass the required examination. Beginning on April 1, 2012, a person who applies for a LXMO permit shall be required to complete both the required course of study and pass the board-approved limited scope examination in order to receive the credential.
Section
3.07
provides the basis for denial of an application for a permit.
SECTION 4 creates ch.
RAD 4
, entitled "Scope of Practice."
Section
4.01
establishes the scope and standards of practice for a licensed radiographer based upon nationally recognized and accredited sources.
Section
4.02
establishes the scope and standards of practice for a LXMO permit holder based upon nationally recognized and accredited sources.
SECTION 5 creates ch.
RAD 5
, entitled "Continuing Education."
Section
5.01
establishes the continuing education requirements for renewal of a license or permit.
Section
5.02
provides the method for verifying compliance with the continuing education requirements.
Section
5.03
defines those who are recognized providers of continuing education deemed acceptable to the board.
Section
5.04
establishes the recordkeeping requirements for continuing education hours.
Section
5.05
establishes the random audit process for verifying continuing education compliance.
Section
5.06
provides for a waiver or postponement of the continuing education requirements on the basis of a hardship and defines the meaning of hardship.
SECTION 6 creates ch.
RAD 6
, entitled "Unprofessional Conduct."
Section
6.01
establishes a code of ethics for persons who practice radiography with a license or permit issued under this chapter. The rules of unprofessional conduct list 16 separate acts or behavior which may result in disciplinary action by the board.
Comparison with existing or proposed federal regulations
There is no existing or proposed federal regulation that addresses licensure and activities to be regulated by the rule. Existing federal laws are pertinent to the accreditation standards for radiography programs.
Comparison with similar rules in adjacent states
The comparison information with the rules in adjacent states was obtained directly from a review of the following statutes and rules.
Iowa:
641 Iowa Admin. Code 42 specifies the training requirements for diagnostic radiographers, limited diagnostic radiographers and limited in-hospital diagnostic radiographers. Iowa requires satisfactory completion of an agency approved training program, satisfactory completion of an agency-approved examination and submission of the appropriate fee. 641 Iowa Admin. Code 42.2(1). To renew, licensees must submit an annual renewal application which includes specified fees and completion of continuing education requirements. 641 Iowa Admin Code 42.2(4). Iowa requires successful completion of a Joint Review Committee on Education in a Radiologic Technology approved course of study, certification by the American Registry of Radiologic Technologists (ARRT) or the American Registry of Clinical Radiography Technologists, or an equivalent agency-approved training course to prepare students to demonstrate competency in various areas including radiation protection of patients and workers, technique and quality control to achieve diagnostic objectives with minimum patient exposure, and patient care. See 641 Iowa Admin. Code 42.3(1). The Iowa Department of Public Health contracts with the American Registry of Radiography Technologists for the certification examination. Individuals who have passed the general radiography examination with the ARRT meet testing requirements. Limited diagnostic radiographers must also complete an approved course of study and pass the limited scope examination. Radiographers must have 24 clock hours of continuing education during a two-year period. One hour must be in radiation protection. Limited diagnostic radiographers and limited in-hospital diagnostic radiographers must have 12 clock hours, with one hour in radiation protection. 641 Iowa Admin. Code 42.2(3).
http://www.legis.state.ia.us/aspx/ACODOCS/DOCS/641.42.pdf
Illinois:
32 Illinois Admin. Code 401 accredits persons in the practice of medical radiation technology by requiring minimum standards for preparatory education and experience as well as examination and continuing education requirements. Illinois recognizes both active status accreditation and temporary accreditation for medical radiography. Active accreditation applies to individuals who have passed an examination; temporary accreditation applies to persons who have completed an approved program in radiography. Individuals who seek active or temporary accreditation in medical radiography must pass the certification examination of the American Registry of Radiology Technologists. See s.
401.70
. Renewal of medical radiography accreditation requires 24 continuing education credits. See Ill Admin. Code 401.140(b). CE requirements may be met by engaging in activity approved by the agency, including approved post-secondary courses relevant to radiology science and/or patient care, advanced life support or instructor/instructor trainer certification, or an advanced level exam approved or acceptable to ARRT. An individual may not legally perform medical radiation technology without valid accreditation or without express approval of the Agency. Technologists seeking renewal are required to attest they acquired the necessary number of continuing education credits and the agency may perform an audit in which the individual is asked to provide documentation of continuing education. Illinois assesses civil penalties against those who perform medical radiation procedures without valid accreditation. Illinois' rules closely follow the draft model rules of the Conference of Radiation Control Program Directors.
http://www.state.il.us/iema/legal/pdf/32_401.pdf
Minnesota:
In Minnesota, human use x-ray operator minimum requirements are set forth in Minn. Stat. 144.121 – X-Ray Machines; Other Sources of Ionizing Radiation. The Minnesota Department of Health requires initial site specific training and additional training if there is a change to a registrant's quality assurance program. An individual in a facility with registered x-ray equipment may not operate the equipment unless the individual passes a national examination approved by the commissioner of health. The criteria for approval of examinations are based on national standards, such as the examination in radiography from the ARRT and the examination from the ARRT for limited x-ray machine operators. A limited x-ray operator is anyone who is not a radiologic technologist registered by the ARRT. Under Minn. Stat. 144.121 (5a), a limited x-ray operator may only practice medical radiography on limited regions of the human anatomy for which the operator has successfully passed an examination. The Minnesota statutes and administrative rules do not have educational, renewal or continuing education requirements for diagnostic medical radiographers or limited x-ray machine operators.
https://www.revisor.mn.gov/statutes/?id=144.121
Michigan:
The comparison of the proposed rules to the adjacent states demonstrates that the rules are relatively comparable to those in adjacent states.
Summary of factual data and analytical methodologies
No study resulting in the collection of factual data was used relating to this rule. The primary method for creating the proposed rules was based upon the provisions in
2009 Act 106
and ch.
462
, Stats., and information from the American Registry of Radiologic Technologists and American Society of Radiologic Technologists.
Analysis and supporting documents used to determine effect on small business
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.
Chapter
462
, Stats, exempts from the licensure and permitting requirements the following licensed health care providers; physicians; a person enrolled in a board approved radiography program who is directly supervised by a physician or persons licensed under s.
462.03(2)
; a chiropractor licensed under s. 446. 02 or a person under the direct supervision of a chiropractor if the person has successfully completed a course of instruction of at least 48 hours approved by the chiropractic examining board; a dentist licensed under s.
447.04 (1)
or a person directly supervised by a dentist, a dental hygienist licensed under s.
447.04 (2)
; a physician assistant licensed under s.
448.04 (1) (f)
and a podiatrist licensed under s.
448.63
or a persons under the direct supervision of a such a podiatrist if the person has successfully completed a course of instruction related to x-ray examinations approved under 448.695 (3) by the podiatrists affiliated credentialing board.
There are approximately 951 registered hospital and medical facilities, of which 508 sites have at least one X-ray machine on the premise. This information is derived from the Wisconsin Department of Health Services, Radiation Protection and X-Ray Registration Database.
Effect on Small Business
These proposed rules were reviewed by the Small Business Review Advisory Committee and it was determined that the rules will not have a significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats.
Small business regulatory coordinator
The Department's Regulatory Review Coordinator may be contacted by email at
john.murray@wisconsin.gov
or by calling 608-266-8608.
Fiscal Estimate
The department estimates that this rule will require staff time in the Division of Enforcement, Division of Management Services, Office of Exams and Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $7,510. The total on-going salary and fringe costs are estimated at $56,525.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Agency Contact Person
Sharon Henes, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-2377; email at
sharon.henes@wisconsin.gov
.
