CR_13-007 Hearing to consider rule revising Chapters PT 7 and 8, relating to unprofessional conduct and biennial renewal.

These rule changes were developed with the assistance of the Bureaus of Endangered Resources, Science Services, W ildlife Manage m ent, and Legal Services.

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

Pursuant to s. 227.137 , W i s. Stats., the depart m ent is required to solicit com m ents on the econo m ic i m pact of proposed rule. S m all businesses, as defined in s. 227.114(1) , W is. Stats., are asked to identi f y the m selves as a s m all business in their com m ents. Following the public com m ent period for the EIA, a revised "Fiscal Anal y sis and Econo m ic I m pact Anal y sis" will be prepared containing relevant infor m ation that the depart m ent receives. Once the EIA process is co m pleted, the depart m ent will sub m it the rule package and eco n o m ic i m pact anal y sis to the W i sconsin Legislative Council under s. 227.15 , W i s. Stats., and hearings on the proposed rule will be held b y the depart m ent after proper notice in accordance with ss. 227.17 and 227.18 , W is. Stats. If the EIA indicates that the proposed rule is reasonably expected to have a total i m pact of $20,000,000 in i m ple m entation and co m pliance costs, the depart m ent shall sub m it the rule to the Depart m ent of Ad m inistration in accordance with s. 227.137(6) , W is. Stats.

A s m all business regulatory flexibili t y anal y sis that contains the following provisions in s. 227.19(3)(e) , Stats., will be included in the final rule order:

1.   The agenc y 's reason for inclu d ing or failing to include in the proposed rule a n y of the m ethods specified under s. 227.114 (2) for reducing its i m pact on s m all businesses.

2.   A sum m ary of issues raised by s m all businesses during the hearings on the proposed rule, a n y changes in the proposed rule as a result of alternatives suggested by s m all businesses and the reasons for rejecting any alternatives suggested by s m all businesses.

3.   The nature of any reports and the esti m ated cost of their preparation b y s m all businesses that m ust co m ply with the rule.

4.   The nature and esti m ated cost of other m easures and invest m ents that will be required of s m all businesses in co m plying with the rule.

5.   The additional cost, if an y , to the agency of ad m inistering or enforcing a rule which includes any of the methods specified under s. 227.114 (2) .

6.   The i m pact on public health, safety and welfare, if an y , caused b y including in the rule any of the methods specified under s. 227.114 (2) .

The Depart m ent's email distribution list used to solicit com m ents includes s m all businesses and s m all business associations. The distribution list will be sub m itted to the Governor's Office of Regulatory Co m pliance.

Effect on Small Business

Affected constituencies include agricultural and forestry industries, com m ercial and develop m ent businesses, natural resources consultant s , utilities, road builders and wildlife rehabilitator s .

Most often the public and s m all businesses beco m e aware of the endangered species law through one of DNR's permitting processes. W i sconsin's endangered species law is i m ple m ented by the depart m ent in that any activi t y that the depart m ent conducts, funds or approves m ust consider i m pacts to listed species (s.29.604 W is. Stats.). Both endangered and threatened species have the sa m e level of legal protection. Under W isconsin's law listed ani m als are protected on all public and private land. Plants are only protected on public land and agricultural, forestr y , and utility activities a re exe m pt from this protection (s. 29.604 W i s. Stats.)

In m ost instances, a per m it applicant provides a descr i ption of the proposed project. Depart m ent staff perform an endangered resources review utilizing the Natural Heritage Inventory database to deter m ine if 1) there is a listed species that m ay be present, and if 2) the project area has suitable habitat for that species. If either of these criteria are not present the applicant is infor m ed that there is no potential i m pact and the project proceeds. Over 2/3 of projects fall into this catego r y .

If both the species is known to be in the area and there is suitable habitat on the project site, the depart m ent wor k s with the applicant to see if i m pacts to a listed species m ay be avoided through seasonal adjust m ents, temporary re m ovals or barriers. If it ca n , the project proceeds. If i m pacts can't be avoided, an incidental take per m it is issued to the applicant that allows take of the species. State law requires that all projects under an incidental take per m it m ust mini m i z e and m itigate these i m pacts. (s.29.604 W is. Stats.). W hen the m ini m ization and m itigation m easures are in place, the per m it is publi c ly noticed the project m ay proceed. Ve r y few projects require an incidental take per m it, t y pically fewer than 20 a y ear are issued.

The species being proposed for re m oval from the endangered and threatened species list have a total of 1055 records in the NHI database which is used for conduc t ing an endangered resources review. There are a total of 217 records in the NHI database for the species being proposed for addition.

Pursuant to ss. 227.114 and 227.137 , Wis. Stats., it is not anticipated that the proposed rules will have an economic impact on small businesses. The Department conducted an economic impact analysis in consultation with businesses, business associations, local governmental units, and individuals. The Department determined that this rule would not adversely affect in a material way the economy, a sector of the economy, productivity, jobs, or the overall economic competitiveness of this state.

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

A Copy of any Comments and Opinion Prepared by the Board of Veterans A ffairs under S. 45.03 (2m) , Stats., for Rules Proposed by the Department of Veterans A ffairs

Not applicable

Environmental Impact

This action is a type II action under Chapter NR 150 , Wis. Adm. Code, thus requiring an Environmental Assessment. The Environmental Assessment is available with the proposed rule and supporting documents and may be reviewed and comments electronically submitted at the following internet site: http://adminrules.wisconsin.gov . A copy of the documents may also be obtained from Madeline Emde, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707 or [e-mail] .

The Department has also made a preliminary determination that this action is not a major and significant action under s 1.11, Wis. Stat., and therefore does not require the Environmental Impact Statement process.

Agency Contact Person

Erin Crain, Depart m ent of Natural Resources, Endangered Resources – ER/6, P.O. Box 7921, Madison, W I 53707-792; Telephone: [phone]; E m ail: Erin.Crain@ wisconsin.gov .

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Chapter NR 27, Wisconsin's List of Endangered/Threatened Species NR 27.03 (2) and (3).
3. Subject
Revisions to NR 27.03 list of Endangered/Threatened Species [Board Order ER-27-11] to add 8 animals and remove 16 plants and animals, and to update 20 scientific names.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect X Indeterminate	⍽ Increase Existing Revenues X Decrease Existing Revenues		⍽ Increase Costs X Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy X Local Government Units		X Specific Businesses/Sectors ⍽ Public Utility Rate Payers X Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
State statute, s. 29.604 (3) (b) Wis. Stats., gives the DNR the authority to periodically review and, after public hearing, to revise the Endangered and Threatened species (E/T) list. Updating the E/T list to focus conservation efforts and avoidance/minimization measures on WI's most at risk species will ultimately save money. All actions that the Department conducts, funds or approves on public or private lands must be screened for potential impacts to rare species. Most often the public and small businesses become aware of the endangered species law through one of DNR's permitting processes. Wisconsin's endangered species law is implemented by the department in that any activity that the department conducts, funds or approves must consider impacts to listed species (s.29.604 Wis. Stats.). Both endangered and threatened species have the same level of legal protection. Under Wisconsin's law listed animals are protected on all public and private land. Plants are only protected on public land and agricultural, forestry, and utility activities are exempt from this protection (s. 29.604 Wis. Stats.). Endangered Resources Screening relies on Natural Heritage Inventory (NHI) data for records of rare species occurrences. The number of NHI records for species proposed for addition to the E/T list is far fewer than the number of records for species proposed for delisting – eight species are proposed for listing (with a total of 217 NHI occurrences) versus 16 species proposed for delisting (with a total of 1055 NHI occurrences). Reducing the number of E/T species records will lessen regulatory impacts to businesses and individuals.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Groups likely to be impacted or interested in the issue include the conservation community, project applicants through the environmental review process, and the general public. Affected constituencies include agricultural and forestry industries, commercial and development businesses, natural resources consultants, utilities, road builders and wildlife rehabilitators.
11. Identify the local governmental units that participated in the development of this EIA.
Pursuant to s. 227-137 Wis. Stats., the department was required to solicit comments on the economic impact of the proposed rule, and if requested to coordinate with local governments in the preparation of an Economic Impact Analysis (EIA). The notice to solicit comments was sent to the county and town associations in the state. Comments were collected between 9/24/2012 and 10/24/2012. A total of 18 comments were received; 8 were economic comments that were incorporated into the EIA. No local governments submitted comments or requested we coordinate with them in the preparation of the EIA.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The economic cost of listing and delisting a species is highly dependant on its range and distribution, seasonal occurrence, habitat requirements, management needs, sensitivity to disturbance, etc. Effects of listing/delisting will be highly variable among different types of businesses and their locations and hard to predict, however the overall economic impact of the proposed revisions will be reduced because of the location and number of NHI records. The 16 species being proposed for removal from the endangered and threatened species list have a total of 1055 records in the NHI database which is used for conducting an endangered resources review. There are a total of 217 records in the NHI database for the eight species being proposed for addition.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Updating the E/T list to focus conservation efforts and avoidance/minimization measures on WI's most at risk species will ultimately save money. All actions that the Department conducts, funds or approves on public or private lands must be screened for potential impacts to rare species. Endangered Resources Screening relies on NHI data for records of rare species occurrences. The number of NHI records for species proposed for addition to the E/T list is far fewer than the number of records for species proposed for delisting – eight species are proposed for listing (with a total of 217 NHI occurrences) versus 16 species proposed for delisting (with a total of 1055 NHI occurrences). Reducing the number of E/T species records will lessen regulatory impacts to businesses and individuals.
14. Long Range Implications of Implementing the Rule
The primary short-term and long-term effects of this revision are to provide greater protection for those plants and animals that are critically rare in Wisconsin and will likely be lost or undergo severe population declines if not granted protection, by focusing conservation efforts and avoidance/minimization measures on the most at risk species. As the endangered species law (s. 29.415, Stats.) is already in effect, there will be no change in Department policy regarding means to conserve these species. The removal and addition of species to the list will likely require increased consultation with Department staff during environmental assessments and reviews. Enforcement requirements will not be significantly increased.
15. Compare With Approaches Being Used by Federal Government
The United States Fish and Wildlife Service maintains the list of Federal endangered and threatened species. The Kirtland's Warbler (Dendroica (=Setophaga) kirtlandii) is the only Federally Listed species that is being proposed for state listing in Wisconsin under this proposal.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Minnesota, Illinois, Iowa, and Michigan all have an endangered species law and maintain a state list of endangered and threatened plants and animals. Sixteen of the 24 species being proposed for addition or removal from the list are listed or are being considered for listing in a neighboring state.
17. Contact Name				18. Contact Phone Number
Erin Crain				608/267-747

This document can be made available in alternate formats to individuals with disabilities upon request.

ATTACHMENT A

1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)

[Detailed EIA report attached] (In original. Not printed in Register. See Availability of Rules section of this notice.)

2. Summary of the data sources used to measure the Rule's impact on Small Businesses

Bureau of Endangered Resources staff; WDNR's Economist; and from the public comments received during the EIA comment period.

3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?

⍽ Less Stringent Compliance or Reporting Requirements

⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting

⍽ Consolidation or Simplification of Reporting Requirements

⍽ Establishment of performance standards in lieu of Design or Operational Standards

⍽ Exemption of Small Businesses from some or all requirements

X Other, describe:

Because this rule does not create new regulatory requirements of small businesses, the proposed rules will not have a significant economic impact on a substantial number of small businesses.

4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses

Most often the public and small businesses become aware of the endangered species law through one of DNR's permitting processes. Wisconsin's endangered species law is implemented by the department in that any activity that the department conducts, funds or approves must consider impacts to listed species (s.29.604 Wis. Stats.). Both endangered and threatened species have the same level of legal protection. Under Wisconsin's law listed animals are protected on all public and private land. Plants are only protected on public land and agricultural, forestry, and utility activities are exempt from this protection (s. 29.604 Wis. Stats.).

In most instances, a permit applicant provides a description of the proposed project. Department staff perform an endangered resources review utilizing the NHI database to determine if 1) there is a listed species that may be present, and if 2) the project area has suitable habitat for that species. If either of these criteria are not present the applicant is informed that there is no potential impact and the project proceeds. Over 2/3 of projects fall into this category. If both the species is known to be in the area and there is suitable habitat on the project site, the department works with the applicant to see if impacts to a listed species may be avoided through seasonal adjustments, temporary removals or barriers. If it can, the project proceeds. If impacts can't be avoided, an incidental take permit is issued to the applicant that allows take of the species. State law requires that all projects under an incidental take permit must minimize and mitigate these impacts. (s.29.604 Wis. Stats.). When the minimization and mitigation measures are in place, the permit is publicly noticed the project may proceed. Very few projects require an incidental take permit, typically fewer than 20 a year are issued. The department has also created several broad incidental take permits to provide blanket incidental take coverage for routine activities. A broad incidental take permit, unlike an individual incidental take permit, does not require an application, processing time or a fee. The most recent broad incidental take permits cover grassland management and cave bats.

The removal and addition of species to the list will likely require increased consultation with Department staff during environmental assessments and reviews.

5. Describe the Rule's Enforcement Provisions

Enforcement and administration programs for rules and permits are already in place. No changes are expected in rule enforcement costs or the costs of issuing permits for endangered and threatened species. Increases can be expected in the amount of time required to administer the resulting list of endangered and threatened species, but costs are expected to be absorbed within existing DNR budgets. Management and protection costs will increase with the addition of new species to the list and decrease with removals; given the number of species and records of occurrences, it is expected that costs will decrease.

6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)

⍽ Yes X No

Notice of Hearing

Safety and Professional Services—
Physical Therapy Examining Board

CR 13-007

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Physical Therapy Examining Board in ss. 15.08 (5) (b) , 227.11 (2) (a) , 440.035 (1) , 448.527 and 448.57 , Stats., and interpreting ss. 448.527 and 448.57 , Stats., the Physical Therapy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend ss. PT 7.01 (title) and 8.02 ; to repeal and recreate s. PT 7.02 ; and to create ss. PT 7.01 (1) and 7.025 relating to unprofessional conduct and biennial renewal date.

Hearing Information

Date:   Thursday, March 7, 2013

Time:   9:30 a.m.

Location:   1400 East Washington Avenue
  Room 121
  Madison, WI

Appearances at the Hearing

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 Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Shawn Leatherwood Department of Safety and Professional Services, Division of Policy and Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708-8935, or by email to [e-mail] . Comments must be received at or before the public hearing to be held on March 7, 2013to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Shawn Leatherwood, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at [e-mail] .

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Sections 448.527 and 448.57 , Stats.

Statutory authority

Sections 15.08 (5) (b) , 227.11 (2) (a) , 440.035 (1) , 448.527 , 448.57 , Stats.

Explanation of agency authority

Examining boards are generally empowered by the legislature pursuant to ss. 15.08 (5) (b) , 227.11 (2) (a) , and 440.035 (1) , Stats. to promulgate rules that govern their profession. The Physical Therapy Examining Board has been specifically empowered by ss. 448.527 and 448.57 , Stats., to promulgate rules concerning standards of unprofessional conduct that govern licensees within the profession. Therefore, the Physical Therapy Examining Board is authorized both generally and specifically to promulgate these proposed rules.

Related statute or rule

Wisconsin Administrative Code chs. PT 7 and PT 8 .

Plain language analysis

2009 Wis. Act 149 transformed the Physical Therapy Affiliated Credentialing Board into the Physical Therapy Examining Board. The newly formed examining board decided to review their unprofessional conduct rules. The Board also decided to take this opportunity to bring the current unprofessional conduct rules in line with the American Physical Therapist Association (APTA) "Code of Ethics". The APTA passed a revised "Code of Ethics" in June of 2010 which became effective in July of 2010. The "Code of Ethics" discussed the core values of the physical therapy profession. The core values include accountability, altruism, compassion, excellence, integrity and professional duty and responsibility. The proposed rules seek to encapsulate these principals and modernize the unprofessional conduct standards at the same time.

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

None.

Comparison with rules in adjacent states

Illinois: Illinois sets forth its grounds for unprofessional conduct Ill Admin. Code tit. 68 §1340.65 (2012) and incorporates by reference the June of 2000 APTA "Code of Ethics".

Iowa: Iowa sets forth a code of ethics for physical therapist and physical therapist assistants. The code of ethics details what a licensed Physical therapist or physical therapist assistant must do in order to practice within minimally competent parameters. Iowa Admin. Code r. 645-201.1 (148A.272 C)(2012) Iowa also sets forth its grounds for discipline in which it identifies acts that will result in disciplinary sanctions. Iowa Admin. Code 645.202.2 (272C) (2012)

Michigan: Michigan does not incorporate a code of ethics or maintain grounds for unprofessional conduct with regards to the practice of physical therapy. Michigan does, however, have provisions regarding prohibited conduct under Mich. Admin. Code 3338.7124 (2012)

Minnesota: Similar to Iowa, Minnesota sets forth its grounds for disciplinary action in Minn. Stat. 148.75 (2011) and a Code of Ethical Practice in Minn. R. 5601.3200(2012) Any violation of the Code of Ethical Practice is also grounds for disciplinary action. Minnesota also incorporates the APTA's Code of Ethics as an aide to interpreting its Code of Ethical Practice.

Summary of factual data and analytical methodologies

The Board ensures the accuracy, integrity, objectivity and consistency of data that was used in preparing the proposed rule and related analysis. No additional factual data or analytical methodology was used in drafting these proposed rules other than the Board's review of the rule for the purpose of modernization.

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

This proposed rule will not have an impact on small business as defined in s. 227.114 (1) , Stats.

Fiscal estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Initial Regulatory Flexibility Analysis or Summary

This proposed rule will not have an impact on small business as defined in s. 227.114 (1) , Stats.

Agency Contact Person

Shawn Leatherwood, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail] .

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Wis. Admin. Code Chs. PT 7 & PT 8
3. Subject
Standards of professional conduct and biennial license renewal
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
The proposed rule seeks to modernize the unprofessional conduct standards and correct the current biennial renewal date reflected in Wis. Admin. Code s. PT 8. Prompted by the American Physical Therapist Association (APTA) revision of its "Code of Ethics" the Physical Therapy Examining Board decided to review its unprofessional conduct rules. The APTA's Code of Ethics, which became effective in July of 2010, discussed the core values of the physical therapy profession including accountability, altruism, compassion, excellence, integrity, professional duty and responsibility. These are the principles the profession aspires to uphold. The Board sought to codify these principles within the unprofessional conduct standards as mandated by in s. 448.527, Stats.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
This proposed rule will primarily affect licensed physical therapists and physical therapist assistants. The rule was posted on the Department of Safety and Professional Services website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from the public regarding the rule.
11. Identify the local governmental units that participated in the development of this EIA.
No local governmental units participated in the development of this EIA.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
This rule will have no economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the State's economy as a whole.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The main benefit of implementing the proposed rule is bringing relevant Wis. Admin. Code into conformity with recent changes within the profession. Another benefit is changing the necessary language in Wis. Admin. Code Ch. PT 8 to reflect the correct biennial renewal date. The alternative to implementing the proposed rule is allowing the current Wis. Admin. Code PT 7 and PT 8 to remain outdated.
14. Long Range Implications of Implementing the Rule
Providing greater guidance to licensed physical therapists and physical therapist assistants regarding maintaining the ethical standards within their profession.
15. Compare With Approaches Being Used by Federal Government
N/A
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Iowa Iowa sets forth a code of ethics for physical therapist and physical therapist assistants. The code of ethics details what a licensed physical therapist or physical therapist assistants must do in order to practice within minimally competent parameters. Iowa Admin. Code r. 645-201.1 (148A.272 C)(2012) Iowa also sets forth its grounds for discipline in which it identifies acts that will result in disciplinary sanctions. Iowa Admin. Code 645.202.2 (272C) (2012 Illinois Illinois sets forth its grounds for unprofessional conduct Ill Admin. Code tit. 68 §1340.65 (2012) and incorporates by reference the June of 2000 APTA's "Code of Ethics". Minnesota Similar to Iowa, Minnesota sets forth its grounds for disciplinary action in Minn. Stat. 148.75 (2011) and a Code of Ethical Practice in Minn. R. 5601.3200(2012). Any violation of the Code of Ethical Practice is also grounds for disciplinary action. Minnesota also incorporates the APTA's Code of Ethics as an aide to interpreting its Code of Ethical Practice. Michigan Michigan does not incorporate a code of ethics or maintain grounds for unprofessional conduct with regards to the practice of physical therapy. Michigan does, however, have provisions regarding prohibited conduct under Mich. Admin. Code 3338.7124 (2012)
17. Contact Name				18. Contact Phone Number
Shawn Leatherwood				608-261-4438

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Safety and Professional Services—
Medical Examining Board

CR 13-008

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Medical Examining Board in s. 15.08 (5) (b) , 227.11 (2) (a) , and 448.40 (1) , Stats., and interpreting s. 448.40 (1) , Stats., the Medical Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal s. Med 10.02 (2) ; to amend Med 10.01 (1) (title); to repeal and recreate 10.02 (1); and to create Med 10.01 (1) and 10.03 (title), relating to unprofessional conduct.

Hearing Information

Date:   Wednesday, March 20, 2013

Time:   9:00 a.m.

Location:   1400 East Washington Avenue
  Room 121
  Madison, WI

Appearances at the Hearing

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 Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Place Where Comments Are to be Submitted and Deadline for Submission

Comments may be submitted to Shawn Leatherwood Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to [e-mail] . Comments must be received at or before the public hearing to be held on March 20, 2013 to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Shawn Leatherwood, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at [e-mail] .

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Section 448.40 (1) , Stats.

Statutory authority

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

Explanation of agency authority

The legislature, via. ss. 15.08 (5) (b) , and 227.11 (2) (a) , Stats., conferred upon the Medical Examining Board general power to promulgate rules for the guidance of the profession and to interpret the provisions of statutes it enforces. Section 448.40 (1) , Stats., authorizes the Board to promulgate rules that carry out the purposes of the Medical Practices sub chapter. Wis. Admin. Code ch. Med 10 Unprofessional Conduct is administered by the Medical Examining Board; as such the Board has statutory authority to revise Wis. Admin. Code ch. Med 10 for the purpose of providing guidance within the profession.

Related statute or rule

Chapter Med 10 .

Plain language analysis

This proposed rule seeks to modernize Wis. Admin Code Ch. Med 10 Unprofessional Conduct by overhauling the current version of the rules, adding language that specifically addresses new topic areas, delete outdated language of some provisions and augment others.

SECTION 1. amends the title of the authority provision.

SECTION 2. amends the rule by adopting an statement of intent that provides guidance on how the rules should be interpreted.

SECTION 3. repeals and recreates the definitions section adding several new terms.

SECTION 4. This section repeals the current definitions of unprofessional conduct.

SECTION 5. creates a new section defining unprofessional conduct.

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

There is no comparative existing or proposed federal rule.

Comparison with rules in adjacent states

The following comparisons are the result of various internet searches:

Illinois: The grounds for administering disciplinary actions against physicians in Illinois are set forth in 225 ILCS 60/ 22 (2012).PART 1285.200-1285.275 MEDICAL PRACTICE ACT OF 1987: Sections Listing The processes for administering the disciplinary proceedings are stated in the Illinois Code of Regulation Title 68: Professions and Occupations Chapter VII: Department of Financial and Professional Regulation Subchapter B: Professions and Occupations http://www.ilga.gov/commission/jcar/ admincode/068/06801285sections.html.

Iowa: Grounds for disciplining health care professionals in Iowa are codified in Iowa Code § 147.55 and through the Iowa Administrative Code 653-23.1(272C). http://www.legis . state.ia.us/aspx/ACODocs/DOCS/4-21-2010.653.23.pdf

Michigan: The grounds for disciplinary action against health care professionals in Michigan are codified in the Public Health Code, Public Act 368 of 1978 (2010 PA 101, MCL 333.16221. http://www.legislature.mi.gov/ (S(j4bg0h454voc1545vsgjncnx))/documents/mcl/pdf/mcl-333-16221.pdf .

Minnesota: The grounds for administering disciplinary action against physicians in Minnesota are stated in Minn. Stat. § 147.091 . https://www.revisor.mn.gov/data/revisor/ statute/2009/147/2009-147.091.pdf

Summary of factual data and analytical methodologies:

The Medical Examining Board approved a work group which was convened to gather information and consider unprofessional conduct rules from different states. The work group, over a series of board meetings, presented the full Medical Examining Board recommended language. The recommend language drafted by the work group was then considered by the full board. The work group also sought out input from stakeholders such as the Wisconsin Medical Society (WMS) and the Wisconsin Hospital Association (WHA). The full board compared and contrasted the work group language with language from WHA and WMS as well as recommended language from the Federation of State Medical Boards (FSMB). This collaboration resulted in a comprehensive review of the rules in their entirety. The board ensures the accuracy, integrity, objectivity and consistency of data were used in preparing the proposed rule and related analysis.

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

The department finds that this rule will have no effect on small business as small business is defined in s. 227.114 (1) , Stats.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis are attached.

Initial Regulatory Flexibility Analysis or Summary

The department finds that this rule will have no effect on small business as small business is defined in s. 227.114 (1) , Stats.

Agency Contact Person

Shawn Leatherwood, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail] .

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Wis. Admin. Code ch. Med 10
3. Subject
Unprofessional Conduct
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
The policy problem addressed by the proposed rule is removing outdated material from the current Wis. Admin Code s. Med 10. The current rules have not been reviewed in several years. The Board took this opportunity to modernize the rules by making significant changes to the content and form of the rule. Subsections were removed which made reference to outdated terminology. Content was added when it provided greater clarity to a principle that was already reflected in the rule.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
This proposed rule was posted on the Department of Safety and Professional Services website and on the Wisconsin government website for 14 business days to solicit comments from the public. No businesses, business sectors, associations representing business local governmental units or individuals contacted the department about the proposed rule.
11. Identify the local governmental units that participated in the development of this EIA.
No local governmental units participated in the development of this EIA.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
None.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The primary benefit of implementing the rule is it will provide health care practitioners greater guidance on standards of professional conduct within their profession. The changes should also create more effective enforcement of violations of unprofessional conduct.
14. Long Range Implications of Implementing the Rule
The long range implications of implementing the rule includes impacting the conduct of individual practitioners so as to raise the level of awareness of ethical practice within the medical profession resulting in greater compliance with ethical standards.
15. Compare With Approaches Being Used by Federal Government
There are no comparable approaches being used by the Federal Government.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Illinois: The grounds for administering disciplinary actions against physicians in Illinois are set forth in 225 ILCS 60/ 22 (2012). The processes for administering the disciplinary proceedings are stated in the Illinois Code of Regulation Title 68: Professions and Occupations Chapter VII: Department of Financial and Professional Regulation Subchapter B: Professions and Occupations PART 1285.200-1285.2 75 MEDICAL PRACTICE ACT OF 1987: Sections Listing Iowa: Grounds for disciplining health care professionals in Iowa are codified in Iowa Code § 147.55 and through the Iowa Administrative Code 653-23.1(272C). http://www.legis.state.ia.us/aspx/ACODocs/DOCS/4-21-2010.653.23.pdf Michigan: The grounds for disciplinary action against health care professionals in Michigan are codified in the Public Health Code, Public Act 368 of 1978 (2010 PA 101, MCL 333.16221. http://www.legislature.mi.gov/(S(j4bg0h454voc1545vsgjncnx))/documents/mcl/pdf/mcl-333-16221.pdf Minnesota: The grounds for administering disciplinary action against physicians in Minnesota are stated in Minn. Stat. §147.091. https://www.revisor.mn.gov/data/revisor/statute/2009/147/2009-147.091.pdf
17. Contact Name				18. Contact Phone Number

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Safety and Professional Services—
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board

CR 13-009

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss. 15.08 (5) (b) and 457.03 (1) , Wis. Stats., and interpreting ss. 457.12 , 457.13 , 457.14 , 457.15 , 457.16 , and 457.22 , Wis. Stats., the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal and recreate ss. MPSW 10.01(6) and MPSW 14.01 relating to education.

Hearing Information

Date:   Tuesday, February 26, 2013

Time:   1:00 p.m.

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

Appearances at the Hearing

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 Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Sharon Henes, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to [e-mail] . Comments must be received at or before the public hearing to be held on February 26, 2013 at 1:00 p.m. to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Sharon Henes, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at [e-mail] .

Analysis prepared by the Department of Safety and Professional Services

Statutes interpreted

Sections 457.12 , 457.13 , 457.14 , 457.15 , 457.16 , and 457.22 , Wis. Stats.

Statutory authority

Sections 15.08 (5) (b) and 457.03 (1) , Wis. Stats.

Explanation of agency authority

The examining board shall 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. The examining board shall promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure.

Related statute or rule

Sections 457.12 , 457.13 , 457.14 , 457.15 , 457.16 , and 457.22 , Wis. Stats.

Plain language analysis

Section 1 repeals and recreates a definition of supervision. Supervision is a means of transmitting skills, knowledge, and attitudes. Supervision allows for monitoring the quality of services offered by the supervisee to enhance the quality of skills and services provided by the counselor-in-training. It provides structure for monitoring the professional services provided by the counselor-in-training.

Section 2 repeals and recreates s. MPSW 14.01 relating to the criteria necessary for an academic program to be equivalent to a master's degree in professional counseling or rehabilitation counseling. Currently at least 42 credit hours are required and this rule would increase the number of hours required in the program to be comparable to the majority of states, including our neighboring states.

The course work is to be in a field closely related to professional counseling or rehabilitation counseling. The course work must total at least 48 semester hours or 72 quarter hours of academic credit including the following:

•   3 semester hours or 4 quarter hours of a supervised practicum with minimum of 100 hours of practicum experience including at least 40 hours of face-to-face client contact.

•   6 semester hours or 4 quarter hours in a supervised internship of a minimum of 600 hours of internship experience including at least 240 hours of face-to-face client contact.

•   3 semester hours or 4 quarter hours in counseling theory or counseling approaches course which includes a variety of theoretical models .

•   3 semester hours or 4 quarter hours in each of the following topic areas:

•   Human growth and development

•   Social and cultural foundations

•   The helping relationship

•   Group dynamics processing and counseling

•   Lifestyle and career development

•   Appraisal of individuals

•   Research and evaluation

•   Professional counseling orientation

•   6 semester or 8 quarter hours in one of the following:

•   If the academic program's emphasis is in mental health, course(s) addressing the roles and functions of a mental health counseling.

•   If the academic program's emphasis is in rehabilitation counseling, course(s) addressing medical, functional, and environmental aspects of disability, rehabilitation services, case management and related services.

•   As part of the above curriculum, the program shall contain a basic understanding of addiction and how to assess and intervene with individuals, groups and families who exhibit suicide ideation, psychological and emotional crisis or trauma. These are not required to be stand alone courses.

These new requirements are in line with the standards of the Council for Accreditation of Counseling and Related Educational Programs (CACREP) and the Council on Rehabilitation Education (CORE).

Section 3. An effective date of September 1, 2016 will provide the time necessary for the education programs to make adjustments in their course offerings and curriculum. In addition, it will provide notice to the students pursuing their master's degrees of the new requirements.

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

None.

Comparison with rules in adjacent states

Illinois: Illinois requires a master's or doctoral degree with a minimum of 48 semester hours or 72 quarter hours with a minimum of 3 semester hours in each of the following areas: Human growth and development; Counseling theory; Counseling techniques; Group dynamics, processing and counseling; Appraisal of individuals; Research and evaluation; Professional, legal and ethical responsibilities relating to professional counseling; Social and cultural foundations; Lifestyle and career development; Practicum/internship; Psychopathology and maladaptive behavior; Substance abuse; and Family dynamics. The program shall include a one year residence defined as 24 semester hours. All master's degrees and doctoral programs in professional counseling or rehabilitation counseling that are accredited by CACREP, CORE and doctoral programs in psychology approved by the American Psychological Association and the Council for the National Registry of health Service Providers are approved programs.

Iowa: Iowa requires a master's degree with a minimum of 60 credit hours or equivalent quarter hours or a doctoral degree in counseling with emphasis in mental health counseling from a mental health counseling program accredited by CACREP. Graduates from non-CACREP accredited mental health counseling programs shall provide an equivalency evaluation of their educational credentials by the Center for Credentialing and Education, Inc.

Michigan: Michigan requires a master's degree of not less than 48 semester hours or 72 quarter hours, including a 600 clock hour internship, in a program which meets CACREP standards.

Minnesota: Minnesota requires a master's or doctoral degree of not less than 48 semester hours or 72 quarter hours and a supervised field experience of not fewer than 700 hours that is counseling in nature. The degree program must be from a counseling program recognized by CACREP or from an institution of higher education that is accredited by a regional accrediting organization recognized by the Council for Higher Education Accreditation. Specific academic course content must include the following subject areas: The helping relationship, including counseling theory and practice; Human growth and development; Lifestyle and career development; Group dynamics, processes, counseling and consulting; Assessment and appraisal; Social and cultural foundations, including multicultural issues; Principles of etiology, treatment planning, and prevention of mental and emotional disorders and dysfunctional behavior; Family counseling and therapy; Research and evaluation; and Professional counseling orientation and ethics.

Summary of factual data and analytical methodologies

The Professional Counselors Section of the Marriage & Family Therapy, Professional Counseling and Social Work Examining Board reviewed the standards of the Council for Accreditation of Counseling and Related Educational Programs (CACREP) and the Council on Rehabilitation Education (CORE), researched the requirements of other states and convened a task force of educators in the areas of mental health counseling and rehabilitation counseling.

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

This rule addresses criteria for determining whether a program is equivalent to a master's degree in professional counseling and will not have an effect on small business. The requirements in the proposed rule are comparable to our neighboring states.

This rule was posted for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units and individuals, for a period of 14 days. No comments were received relating to the economic impact of the rule.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Initial Regulatory Flexibility Analysis or Summary

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1) , Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail] , or by calling [phone].

Agency Contact Person

Sharon Henes, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail] .

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
MPSW 10, 14 relating to education requirements
3. Subject
Education Requirements
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs X Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
The policy problem addressed by this rule is the criteria necessary for an academic program to be equivalent to a master's degree in professional counseling or rehabilitation counseling. The revisions to the rule would increase the number of hours required in the program to be comparable to the majority of states, including our neighboring states. The new requirements are in line with the standards of the Council for Accreditation of Counseling and Related Education Programs (CACREP) and the Council on Rehabilitation Education (CORE).
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Applicants for licensure as a professional counselor.
11. Identify the local governmental units that participated in the development of this EIA.
None.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
There is no economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units. In preparation of the EIA, the rule was posted for economic comments for a period of at least 14 days and received no comments.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The benefits to implementing the rule is to align our requirements with the standards of CACREP and CORE and to have our number of hours be comparable t the majority of states. The alternative to the proposed change would be to have a lack of clarity in the course requirements standards as to what constitutes an equivalent program to a master's degree in professional counseling or rehabilitation counseling.
14. Long Range Implications of Implementing the Rule
The long range implication is for clarity in determining which programs are equivalent to a master's degree in professional counseling or rehabilitation counseling. The rule does have a future effective date of September 1, 2016 to provide the time necessary for the education programs to make adjustments in their course offerings and curriculum as well as give notice to the students pursuing their master's degrees.
15. Compare With Approaches Being Used by Federal Government
None
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Illinois, Michigan and Minnesota require 48 semester hours. Iowa requires 60 credit hours. CACREP standards must be met in Iowa, Michigan and Minnesota. Illinois approves programs which are accredited by CACREP and CORE.
17. Contact Name				18. Contact Phone Number
Sharon Henes				[phone]

This document can be made available in alternate formats to individuals with disabilities upon request.