EmR1107 Hearings on an emergency rule to revise Chapter NR 25, Wis. Adm. Code, relating to the use and marking of commercial fishing trap nets in Lake Michigan and Lake Superior.

In addition to the annual waterfowl hunting regulation process described below, 2011 is the open window to change state duck hunting zones as allowed by the USFWS every 5 years. Since 1991, the USFWS has regulated how states can arrange duck hunting zones and season splits. A season split is a temporary closure of the hunting season in order to extend the hunting later in the duck season. The USFWS has allowed 3 configurations of duck zones and splits; 1)One statewide zone with the annual option to have 2 season splits, 2)Two zones with the annual option for 1 season split in each zone, 3)Three zones without the option for a split. Each zone can have a unique size or shape but must be contiguous and the boundaries clear.

Wisconsin has always selected the 2 zone with split option to provide a north and south duck hunting zone. Over the years, we have moved our zone line but always maintained a general north and south separation recognizing the differences in weather and hunting opportunities. While we have worked with the USFWS restrictions on duck hunting zones it has been our consistent position that the configuration of duck zones is an issue of hunter opportunity and satisfaction which does not have significant impact on duck populations, therefore, states should be allowed to manage zones without federal regulation. We have provided comment to the USFWS with this position over the years but the USFWS has maintained control over state duck hunting zones. In August, 2010 the USFWS announced their intent to offer 2 additional duck hunting zone options; 3 zones with splits and 4 zones without splits. Unfortunately, the federal implementation of these new opportunities has moved slower than planned and there is still uncertainty whether it will be implemented in 2011 or delayed. Potential configurations are described in Section 3 of the rule order. If one of these new options is selected it is likely that the season structure for the north and south zones will experience only minor changes from that in this proposed rule order while 1-2 new season structures will be offered in the new zones.

Wisconsin's regular Canada goose season harvest consists of close to a 50:50 ratio between resident giant and MVP population Canada geese. As a result, the parameters of Wisconsin's regular goose seasons are guided by the Mississippi Flyway management plans for the MVP and giant Canada goose populations and approved by the Mississippi Flyway Council and the USFWS. The health of these populations was measured with spring breeding population surveys, survival data and harvest rates obtained from banding and production studies. The surveys and studies are conducted annually and are supported by the State of Wisconsin as part of the MFC. The result of this work is reviewed annually by the MFC committee and the USFWS to measure the impact of the stable season framework trial period.

The primary elements of Wisconsin's waterfowl regulatory process include conducting spring waterfowl surveys, participation in MFC meetings, commenting on federal proposals, and soliciting input from the public. The state process begins with Flyway meetings in February and March each year where staff provide input to the development of federal framework alternatives and requests related to the early seasons. In spring and summer, breeding waterfowl surveys and banding are conducted in support of the regulatory process.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report

These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector or small businesses. Additionally, no significant costs are associated with compliance to these rules.

Effect on Small Business

These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, nor are any design or operational standards contained in the rule.

Pursuant to s. 227.114 , Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

Small business regulatory coordinator

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

Environmental Impact

The Department has made a determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150 , Wis. Adm. Code.

Fiscal Estimate

State fiscal effect

No state fiscal effect.

Local government fiscal effect

No local government fiscal effect.

Long-range fiscal implications

None.

Anticipated costs incurred by the private sector

None.

Summary

Because this proposal does not differ significantly from the season frameworks available in previous years, there are no new expenditures, record keeping requirements, or processes created.

Agency Contact Person

Scott Loomans, Bureau of Wildlife Management, [phone], [e-mail] .

Notice of Hearing

Natural Resources

Fish, Game, etc., Chs. NR 1—

EmR1107

(DNR # FH-10-11(E))

NOTICE IS HEREBY GIVEN THAT pursuant to sections 29.014 (1), 29.041, 29.519 (1m) (b), and 227.11 Wis. Stats., the Department of Natural Resources will hold public hearings on an emergency rule to revise Chapter NR 25 , Wis. Adm. Code, relating to the use and marking of commercial fishing trap nets in Lake Michigan and Lake Superior.

Hearing Information

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Date and Time   Location

June 27, 2011   Lake Michigan Room
Monday     Lakeshore Technical College
at 5 to 7 P.M.   2190 North Avenue
    Cleveland, WI 53015

Date and Time   Location

June 27, 2011   DNR Field Station
Monday     141 South 3 rd Street
at 5 to 7 P.M.   Bayfield, WI 54814
(conference call held concurrently with hearing in Cleveland)

Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call William Horns at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Submittal of Written Comments

The emergency rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov . If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate, may also be obtained from William Horns, Bureau of Fisheries Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to [e-mail] .

Written comments on the proposed rule may be submitted via U.S. mail to William Horns. Comments may be submitted until June 23, 2011 . Written comments, whether submitted electronically or by U.S. mail, will have the same weight and effect as oral statements presented at the public hearings.

Analysis Prepared by the Department of Natural Resources

Plain language analysis

SECTION 1. of the Order prohibits persons from trolling with downriggers on the Great Lakes without direct and immediate access to a wire cutter or other device capable of severing any line pulled behind the boat.

SECTION 2. of the Order establishes net-marking requirements for Lake Superior that are identical to the net-marking requirements for Lake Michigan.

SECTION 3. of the Order specifies that from June 29 to Labor Day south of a line extending from the Lake Michigan shoreline along 44º52'30" north latitude all parts of trap nets must be in water 150 feet or shallower and 60 feet or deeper.

SECTION 4. of the Order revises net-marking requirements for Lake Michigan by requiring that staffs be marked with reflective tape.

Summary of, and comparison with, existing or proposed federal regulation

The department is not aware of any existing or proposed federal regulation that would govern commercial fishing in Wisconsin's waters of Lake Michigan and Green Bay or Lake Superior.

Comparison with similar rules in adjacent states

Trap nets are not used in Illinois or Minnesota waters of the Great Lakes, and of course Iowa has no Great Lakes waters.

The State of Michigan has uniform trap net-marking requirements for all of its Great Lakes Waters (parts of Lakes Superior, Michigan, Huron, and Erie). Those net-marking requirements are similar but not identical to those proposed here for Wisconsin waters of Lakes Michigan and Superior.

The Michigan Department of Natural Resources and Environment has the authority to limit trap netting by individual license holders if and when conflicts arise. Pursuant to that authority the MDNRE prohibits trap nets during June, July, and August in one area near Tawas on Lake Huron.

Summary of factual data and analytical methodologies

SECTION 1 and 3 of the rule reflect an effort by the department to take steps to minimize the risk of conflicts between sport trollers and commercial trap nets. SECTION 2 and SECTION 4 modify net-marking requirements for Lake Superior and Lake Michigan. Those changes reflect the judgment of Fisheries and Law Enforcement staff following examination of Great Lakes accident data, discussions with appropriate sport and commercial advisory groups, and internal discussions. The rule was amended in response to public comment.

Analysis and supporting documentation that the agency used in determination of the rule's effect on small businesses

We know that small businesses engaged in commercial fishing and wholesale fish dealing may be affected by the rule. We currently have no basis for quantifying the economic impacts of the rule. However, in testimony at public hearings on the rule, Lake Michigan commercial fishers indicated that the time and area restrictions set out in the original version of the rule might have an impact on their catch, and thus have a negative economic impact. These and other comments are reflected in the changes made to the rule.

Effect on Small Business, Including How the Rule Will Be Enforced

This rule is of interest to commercial fishers and was initiated in response to the expressed concerns of recreational fishers. The impact on commercial fishers is discussed above.

The rule will be enforced by department Conservation Wardens under the authority of chapters 23 and 29, Stats., through routine patrols, record audits of wholesale fish dealers and commercial fishers and follow up investigations of citizen complaints.

Pursuant to s. 227.114 , Stats., it is not anticipated that the rule will have a significant economic impact on small businesses. Small businesses engaged in commercial fishing and wholesale fish dealing may be affected by the rule. However, the Department currently has no basis for quantifying the economic impacts of the rule.

Small business regulatory coordinator

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

Environmental Impact

The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150 , Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Fiscal Estimate

State fiscal effect

No state fiscal effect.

Local government fiscal effect

No local government costs.

Agency Contact Person

William Horns

Department of Natural Resources

P.O. Box 7921

Madison, WI 53707-7921

Telephone: [phone]

E-mail: [e-mail]

Notice of Hearing

Natural Resources

Fish, Game, etc., Chs. NR 1—

EmR1109

(DNR # WM-15-11(E))

NOTICE IS HEREBY GIVEN that pursuant to sections 29.014 , 29.177 , 227.11 and 227.24 Stats., interpreting sections 29.014 , 29.177 , and 227.11 , Stats., the Department of Natural Resources will hold public hearings on an emergency rule to revise Chapter NR 10 Wis. Adm. Code relating to deer hunting seasons and carcass tag use. The State Natural Resources Board adopted this emergency rule on April 27, 2011 in order to be able to implement the rule for the 2011 seasons.

Hearing Information

Date and Time   Location

June 28, 2011   Natural Resources State Office
Tuesday     Building (GEF-2), Room G09   at 2 P.M.     101 South Webster Street
    Madison, WI 53703

Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Scott Loomans at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Submittal of Written Comments and Copies of Proposed Rule

The proposed rule and fiscal estimate may be reviewed at the following Internet site: http://adminrules.wisconsin.gov . A personal copy of the proposed rule and fiscal estimate may be obtained from Scott Loomans by email or U.S. mail. Written comments on the proposed rule may be submitted by email to [e-mail] or via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 29, 2011. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings.

Analysis Prepared by the Department of Natural Resources

Plain language analysis

The department recommends promulgating administrative rules that modify ch. NR 10 related to the use and issuance of deer tags.

Section 1 allows the department to, upon order of the secretary, distribute antlerless deer permits for the cost of issuance in designated herd control units without holding a four-day, October antlerless firearm hunt in the same units.

Sections 2 through 4 establish that the department's existing earn-a-buck regulations for deer hunters in a CWD Management Zone do not apply to use of the archery and gun buck deer carcass tags that are issued with each archery and firearm deer hunting license.

Related statute or rule

There are no state statutes currently under promulgation that directly relate to the provisions that are proposed in this administrative order.

Federal regulatory analysis

These state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulating the hunting and trapping of native species has been delegated to state fish and wildlife agencies.

Comparison with similar rules in adjacent states

These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of game species that are established based on needs that are unique to that state's resources and public desires.

Illinois:

The 2011 Illinois archery season in most of the state will run from October 1 - January 15 except that it is closed during the firearm deer season in some areas. Illinois has two periods for firearm deer hunting. The first firearm season in 2011 will be November 18 - 20, and the second season is December 1 - 4. The Illinois muzzleloader only season will be December 9 – 11 in 2011. Illinois will hold a youth firearm deer season on October 8 and 9. Hunters may purchase any number of antlerless permits subject to availability in county quotas but are limited to purchasing only one prior to the beginning of random daily drawings in September .

Iowa:

In 2010 Iowa had two archery hunting periods, the first October 1 - Dec. 3 and the second December 20 - January 10, 2011. Iowa also has two periods for firearm hunting, December 4 – 8 and December 11 – 19. Iowa's two muzzleloader only hunting periods are October 16 – 24 and December 20 - January 10. Iowa also held a deer season for youth and disabled hunters from September 18 to October 3. Iowa residents may purchase multiple antlerless tags subject only to the availability in a unit, but are limited to purchasing only 1 prior to September 15.

Michigan:

Michigan has two archery hunting periods, the first beginning on October 1 and continuing through November 14 and the second running December 1 – January 1. The Michigan firearm season begins on November 15 and continues through November 30. Additionally, Michigan has a 5 day early, private land only, antlerless firearm season beginning on September 16 and a 4 day youth season beginning on September 21. Michigan's muzzleloader-only seasons vary in three zones, all occurring in December and vary from 10 to 17 days in length. Hunters may purchase additional antlerless permits up to a maximum of 5 a year in some units, however additional antlerless harvest opportunity is available in some areas.

Minnesota:

Minnesota's 2010 archery season ran from September 18 to December 31. Minnesota's firearm season begins on November 6 and continues to November 14 or 21 depending on the zone. Additional firearm "B" seasons run from Nov. 20 – 28, Nov. 6 – 28, Oct 23 and 24, or Oct. 21 – 24 in certain areas. The muzzleloader-only season runs from November 27 to December 12. Minnesota hunters are generally limited to harvesting one buck, regardless of the number of seasons or licenses they purchase. The harvest of up to 7 antlerless deer is possible by hunting in different units and zones.

Summary of factual data and analytical methodologies

The harvest of antlerless deer is managed by the department in order to achieve overwinter goals established in s. NR 10.104 Wis. Admin. Code. In management units where the deer population is below goal, the department may restrict antlerless deer harvest or establish an antlerless quota of zero. In management units where the population is above goal, the department will issue a number of antlerless permits that are likely to result in harvest that helps reduce the population to its overwinter goal. Earn-a-buck regulations, which require that a hunter first harvest an antlerless deer before they can harvest a buck, are an additional tool that can be used in some units to encourage even greater harvest of antlerless deer.

In management units where the normal deer hunting season framework is not likely to reduce the population to within 20% of its overwinter goal a number of season framework options have already been established by rule. The first season framework option requires both the issuance of free (except for a $2.00 issuance fee) antlerless deer tags and holding a four day October antlerless only firearm season beginning on the Thursday nearest October 15.

Under this proposal, the department could select either to issue free tags or to hold an October four day firearm season, but is not required to select both.

In the CWD management zone, whenever a management unit's deer population is over its established goal, the department may require that a hunter first harvest an antlerless deer before harvesting a buck. This proposal exempts a hunter from earn-a-buck requirements in filling their archery or gun buck deer carcass tag. This proposal preserves the earn-a-buck regulation as it applies to special, free permits issued in the CWD management zone.

Effect on Small Business

These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule.

Pursuant to s. 227.114 , Stats., it is not anticipated that the proposed rules will have a significant economic impact on small businesses.

Small business regulatory coordinator

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

Environmental Impact

The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150 , Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Fiscal Estimate

State fiscal effect

None.

Local government fiscal effect

None.

Anticipated costs incurred by the private sector

These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector. Additionally, no significant costs are associated with compliance to these rules.

Assumptions used in arriving at fiscal estimate

The department recommends promulgating administrative rules that modify ch. NR 10 related to deer hunting seasons and the use and issuance of deer tags.

This proposal will, upon an order of the secretary, allow the department to distribute antlerless deer permits for the cost of issuance in designated herd control units without holding a four-day, October antlerless firearm hunt in the same units. Under current rules, if the department issues antlerless permits for only cost of issuance, it must also hold the four day season.

Additionally, the rule establishes that the department may not require that a hunter harvest an antlerless deer before harvesting a buck when using their archery or gun buck deer carcass tag in a CWD management zone. The harvest of additional bucks will continue to first require the harvest of an antlerless deer.

The department already administers the creation and distribution of carcass tags for deer hunting and establishes and publishes hunting season information. No new processes, record keeping, or printing requirements are created as a result of this proposal. Additionally, there are no new requirements of law enforcement as a result of this proposal. The department does not anticipate any fiscal effect from the provisions of this proposal.

Long-range fiscal implications

No long range fiscal implications are anticipated.

Statement of Emergency

The emergency rule procedure, pursuant to s. 227.24 , Stats., is necessary and justified in establishing rules to protect the public welfare. The rule is necessary in order to foster participation by hunters and landowners so they will continue to hunt and cooperate in CWD control and deer herd management. This rule proposal balances pressing social concerns about the quality of the deer hunt with the need for effective herd control measures such as additional antlerless deer harvest in management units that are more than 20% over population goals or simply over population goals in units that are part of the CWD Management Zone. This rule will increase harvest of bucks in the CWD zone which have a higher prevalence of CWD and, because of their greater dispersal distances, have a higher likelihood of spreading CWD. However, the rule retains a herd control tool which requires that antlerless deer be harvested before additional bucks (beyond the initial one) may be taken. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control and regulate hunting of wild animals. The State of Wisconsin must provide publications describing the regulations for deer hunting to more than 630,000 deer hunters prior to the start of the season. These regulations must be approved prior to printing nearly 1 million copies of the regulations publication.

Agency Contact Person

Scott Loomans, 101 South Webster St., PO BOX 7921, Madison, WI 53707-7921. [phone], [e-mail] .

Notice of Hearing

Regulation and Licensing

CR 11-027

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in sections 15.08 (5) (b) , 227.11 (2) (a) , 440.03 (1) , 448.40 (1) Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to renumber and amend section RL 4.08 (intro) , and to create section RL 4.08 (2) , relating to background checks and fingerprinting.

Hearing Information

Date and Time   Location

July 20, 2011   1400 East Washington Avenue
Wednesday   Room 121A
at 8 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, Division of Board Services, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be held on July 20, 2011 , to be included in the record of rule-making proceedings. Comments may be submitted to Shawn L eatherwood, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to [e-mail] .

Copies of Proposed Rule

Copies of this proposed rule are available upon request Shawn Leatherwood, 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 Shancethea.Leatherwood@wisconsin
.gov .

Analysis Prepared by the Department of Regulation and Licensing

Statute(s) interpreted

Sections 440.03 (13) (a) , (b) and (c) , and 448.05 (1) (a) , Stats.

Statutory authority

Sections 15.08 (5) (b) , 227.11 (2) (a) , 440.03 (1) , 448.40 (1) , Stats.

Explanation of agency authority

Section 448.05 , Stats., is enforced and administered by the Department of Regulation and Licensing ("DRL") and the Medical Examining Board. Specificall y , s. 448.40 (1) , Stats., authorizes the Medical Examining Board to promulgate rules to carry out the purposes of the Medical Examining Board subchapter. Section 448.05 (1) , Stats., is in the Medical Examining Board subchapter.

Further, the Medical Examining Board is obligated under s. 15.08 (5) (b) , Stats., to promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.

DRL is a department in the state government, and is therefore an "agen c y " under s. 227.01 (1) , Stats. Under s. 227.11(2) (a) , Stats., it may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute. Both ss. 440.03 (13) and 448.05 (1) , Stats., are enforced and administered by DRL.

Last, DRL is authorized under s. 440.03 (1) , Stats., to promulgate rules defining uniform procedures to be used b y the department, the attached boards, the examining boards, and the affiliated credentialing boards.

Related statute or rule

Section 440.03 (7) Stats., and Wis. Admin. Code § RL 4.07 (52) .

Plain language analysis

Subject to ss. 111.321 , 111.322 and 111.355 , Stats., s. 448.05 (1) (a) , Stats., requires that an applicant must not have an arrest or conviction record to be qualified for the grant of any license by the Medical Examining Board. Section 448.03 (13) (a) , Stats., authorizes DRL to conduct investigations to determine whether applicants have arrest or conviction records and require applicants to provide a n y information that is necessary for the investigation. Under s. 448.03 (13) (b) , Stats., DRL may investigate whether applicants to practice medicine and surgery have arrest or conviction records pursuant to rules it promulgates.

DRL promulgated Wis. Admin. Code chs. RL 4.07 and RL 4.08 to interpret s. 448.03 (13) , Stats. Under chs. RL 4.07 and RL 4.08, DRL may require an applicant for ph y sician licensure to submit fingerprints and undergo a criminal background check if "there exists reason to believe that the applicant has failed to accurate l y describe his or her conviction record."

The addition to Section 1 creates a class of licensed credentials the applicants for which may be required to be photographed, submit fingerprints, and undergo criminal background checks in situations when there is not a reason to believe that an applicant has failed to accurate l y describe his or her conviction record.

Section 2 defines the class of licensed credentials created b y the changes to Section 1. Section 2 requires applicants for a p h y sician license to practice medicine and surgery to submit a full set of fingerprints along with their application for licensure. The fingerprints will be used to verify the applicant's identity and conduct searches for criminal arrests and convictions in accordance with s. 440.03 (13) , Stats.

Summary of, and comparison with, existing or proposed federal regulations

The FBI will conduct background checks pursuant to federal law or a state law approved by the U.S. Attorney General under Public Law 92-544 (1972). DRL contacted the Crime I nformation Bureau of the Wisconsin Department of Justice to determine whether s. 440.03 (13) , Stats., is an approved statute to authorize DRL to require background checks of applicants to practice medicine and surger y . On January 7, 2011, Phillip Collins, Deputy Director of the Crime Information Bureau confirmed that that the FBI approves s. 440.03 (13) , Stats., as a statute authorizing DRL to require background checks of applicants to practice medicine and surger y .

Comparison with similar rules in adjacent states

Illinois:

I llinois statute requires applicants for medical licensure to provide fingerprints for a criminal background check. 225 ILCS 60/9.7. The statute further requires the Illinois Department of Professional Regulation to promulgate rules to implement the requirement. Id. However, a review of Illinois' application and online instructions indicates that Illinois current l y does not require applicants to submit fingerprints or undergo background checks.
See http://www.idfpr.com/dpr/WHO/med.asp , accessed on Jan. 3, 2011.

Iowa:

I owa administrative rules require applicants for medical licensure to pay for and provide a full set of fingerprints for state and federal criminal background checks. IAC 653-9.4 (2) p., 9.5 (3) p., 9.6 (2) j. and 8.4 (7). Iowa promulgated the administrative rules based on the federal Volunteers for Children Act, Public L aw 10 5 -251 (1998). The U.S. Attorney General alrea d y approved the Volunteers for Children Act as a basis to enable "qualified entities" to require emplo y ees and volunteers to submit fingerprints for no n - law enforcement criminal background checks.

Michigan:

Michigan statute requires applicants for medical licensure to provide fingerprints for state and federal criminal background checks. MCL 333.16174 (3).

Minnesota:

Minnesota current l y does not require applicants for medical licensure to undergo criminal background checks.

Summary of factual data and analytical methodologies

In February 2010, DRL was awarded an American Recovery and Reinvestment Act grant to lead a group of nine states to reduce barriers to the portability of ph y sician licenses. Since the award, Wisconsin has worked with Illinois, I ndiana, Iowa, Kansas, Michigan, Minnesota, Missouri and South Dakota to develop best practices to improve the licensing process of ph y sicians. In November, the states identified requiring applicants to submit fingerprints and undergo criminal background as a best practice. The requirement conforms to longstanding recommendations b y the Federation of State Medical Boards ("FSMB").

Since April 2001, FSMB has affirmed its position that it is a best practice for state medical boards to "conduct criminal background checks as part of the licensure application process. See Federation of State Medical Boards, Public Policy Compendium , April 2010. The FSMB reaffirmed its position in April 2010. Id.

Further, as of September 2010, 35 out of 68 U.S. medical and osteopathic boards require applicants to submit fingerprints and undergo criminal background checks as part of the application process. FSMB, Criminal Background Checks Overview by State , Last Updated September 6, 2010, at http://www.fsmb.org/pdf/GRPOL_Criminal_Background_Checks.pdf .

Analysis and supporting documents used to determine effect on small business or in preparation of economic report

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

Effect on Small Business

These proposed rules will be reviewed b y the department's Small Business Review Advisory Committee to determine whether the rules will have a n y 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.murra y @wisconsin.gov , or by calling [phone].

Fiscal Estimate

The department estimates that the proposed rule will have no significant fiscal impact.

Anticipated costs incurred by the private sector

Every person seeking initial licensure to practice medicine and surgery in Wisconsin will incur the cost of conducting the criminal background check. The cost to the applicant of conducting a criminal background check is approximately $56.25. The cost is t he price the department charges applicants for the professions that it currently requires undergoing the same criminal background check process.

Agency Contact Person

Shawn Leatherwood, Paralegal

Department of Regulation and Licensing

1400 East Washington Avenue

P.O. Box 8935

Madison, Wisconsin 53708

telephone: [phone]

email: [e-mail]