CR 13-090

SECTION 6. This section specifies the date the rules become effective.

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

An Internet-based search of the U.S. Code and Federal Register found that there is no existing or proposed federal regulation relating to continuing education for these professions.

Comparison with rules in adjacent states

An Internet-based search of professional licenses and any requirements for continuing education revealed the following:

Illinois: The state of Illinois licenses professional geologists, but has no continuing education requirements, part 1252 professional geologist licensing act. This state does not license professional hydrologists or professional soil scientists.

Iowa: The state of Iowa licenses groundwater professionals (much like hydrologists), but does not require any continuing education. This state does not license professional geologists or professional soil scientists.

Michigan: The state of Michigan does not license professional geologists, professional hydrologists, or professional soil scientists.

Minnesota: The state of Minnesota licenses and requires 24 (professional development) hours every two years for renewal for licensed geologists and licensed soil scientists. This state does not license professional hydrologists.

Summary of factual data and analytical methodologies

The Joint Board of Professional Geologists, Hydrologists and Soil Scientists authorized one member of each section to contribute to this rule-making project. With staff, they examined models of continuing education from various states and national organizations related to their respective professions, as well as from other regulatory boards aligned with the department.

The comparison information with the rules in adjacent states was obtained directly from administrative rules of those states when available through an Internet-based search. Reviewing rules of the two states having similar licenses and continuing education requirements, the proposed rules are substantially consistent with the rules in those states.

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

Staff researched fees for various continuing education offerings applicable to the sections, primarily provided or sponsored by UW Madison, School of Engineering Professional Development and determined the following:

Course offerings fees*:
Offering	Min. Hours/Cost	Max. Hours/Cost
Classroom:	1 Hr./ $49	21 Hrs./ $1195
Online:	2 Hrs./ $149	20 Hrs./ $225

*Note: (local, no travel or lodging included)

Other professional development activities*:
Offering	Min. Hours/Cost	Max. Hours/Cost
Professional Meetings**	4 Hrs./ $100	40 Hrs./ $1000

*Note: (local, no travel or lodging included)

**Examples given include Geological Society of America (GSA) national or regional meeting, American Geophysical Union annual meeting, Wisconsin Section of the American Water Resources Association (AWRA) annual meeting, or associated professional organizations involving section-related topics.

Research was conducted regarding the availability of continuing education credits offered via online courses, trade association sponsored seminars and other means, as well as the costs associated therewith. That data was then 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.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Initial Regulatory Flexibility Analysis or Summary

This rule will not have a significant adverse effect on small business.

Environmental Assessment/Statement

Not required.

Agency Contact Person

Jean MacCubbin, Administrative Rules Coordinator, 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] ; or contact by 711 relay telecommunications.

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
Chs. GHSS 1 to 6, General Requirements and Procedures, and Continuing Education Requirements (Professional Geologists, Professional Hydrologists and Professional Soil Scientists).
3. Subject
Continuing Education Requirements for Professional Geologists, Professional Hydrologists and Professional Soil Scientists .
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			s. 20.165 (1) (g)
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
Develop and maintain continued competency of licensed Professional Geologists, Professional Hydrologists and Professional Soil Scientists.
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.
Licensed Professional Geologists, Professional Hydrologists and Professional Soil Scientists as well as those who benefit from or contract for their professional expertise.
11. Identify the local governmental units that participated in the development of this EIA.
None known.
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 direct impact on specific businesses, business sectors, public utility ratepayers or local governmental utilities or the state's economy as a whole. Staff researched fees for various continuing education offerings applicable to the sections, primarily provided or sponsored by UW Madison, School of Engineering Professional Development [SOURCE: http://epdweb.engr.wisc.edu/index.lasso ] and determined the following: Course offerings fees* Offering   Min. Hours/Cost   Max. Hours/Cost Classroom:   1 Hr./$49     21 Hrs./$1195 Online:     2 Hrs./$149     20 Hrs./$225 *Note: (local, no travel or lodging included) Other professional development activities* Offering   Min. Hours/Cost   Max. Hours/Cost Professional 4 Hrs/$100 40 Hrs/$1000 Meetings** *Note: (local, no travel or lodging included) **Examples given include Geological Society of America (GSA) national or regional meeting, American Geophysical Union annual meeting, Wisconsin Section of the American Water Resources Association (AWRA) annual meeting, or associated professional organizations involving section-related topics. Research was conducted regarding the availability of continuing education credits offered via online courses, trade association sponsored seminars and other means, as well as the costs associated therewith. That data was then 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.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Develop and maintain continued competency of licensed Professional Geologists, Professional Hydrologists and Professional Soil Scientists. The status quo may negatively influence the creditability of maintaining a professional license.
14. Long Range Implications of Implementing the Rule
Industry is constantly changing and new technologies and methodologies are being introduced, as are the professional skills of the workforce. Continuing education for licensed professionals ensures the public the professional competence of the licensees.
15. Compare With Approaches Being Used by Federal Government
The Federal government does not license or mandate continuing education for Professional Geologists, Professional Hydrologists or Professional Soil Scientists.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Licensing for professional geologists-- The state of Minnesota licenses and requires 24 (professional development) hours every two years for renewal. Illinois licenses professional geologists, but has no continuing education requirements. Licensing for professional hydrologists—none of the four adjacent states license this profession. The state of Iowa licenses groundwater professionals (much like hydrologists), but does not require any continuing education. Licensing for professional soil scientists—Of the four adjacent states, only the state of Minnesota licenses and requires 24 (professional development) hours every two years for renewal.
17. Contact Name				18. Contact Phone Number
Jean MacCubbin				[phone]

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 13-090

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Medical Examining Board in ss. 15.08 (5) (b) , 227.11 (2) (a) , 448.05 (2) , and 448.40 (1) , Stats., and interpreting s. 448.05 (2) , Stats., the Medical Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. Med 1.02 (2) , relating to requiring applicants for medical licensure to provide to the Medical Examining Board verified copies of their diplomas.

Hearing Information

Date:   Wednesday, November 20, 2013
Time:   9:00 a.m..
Location:   1400 East Washington Avenue
  (Enter at 55 North Dickinson St.)
  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 Shawn Leatherwood, Rules Coordinator, 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 November 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, Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, by email at [e-mail] or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e .

Analysis Prepared by the Department

Statutes interpreted

Section 448.05 (2) , Stats.

Statutory authority

Sections 15.08 (5) (b) , 227.11 (2) (a) , 448.05 (2) , and 448.40 (1) , Stats.

Explanation of agency authority

The Medical Examining Board (Board), pursuant to ss. 15.08 (5) (b) and 227.11 , Stats., has the general power to promulgate rules for guidance within the profession and to interpret the statutes it enforces. Section 448.40 (1) , Stats., grants the Board authority to promulgate rules that carry out the purposes of the Medical Practices Act. The Board seeks to interpret a statute that it administers specifically, s. 448.05 (2) , Stats., which deals with applicants being required to possess a diploma. Therefore, the Board is both generally and specifically empowered to promulgate the proposed rule.

Related statute or rule

None.

Plain language analysis

The proposed rule seeks to amend Wis. Admin Code s. Med 1.02 (2) by eliminating the requirement that applicants provide a verified photographic copy of their diploma when applying for licensure. The requirement is duplicative and unnecessary since the board receives information regarding graduation directly from medical and osteopathic schools of medicine.

Section 1. amends s. Med 1.02 (2) by deleting the language pertaining to a copy of the applicant's diploma.

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

None.

Comparison with rules in adjacent states

Illinois

Illinois requires an official transcript and diploma or an official transcript and certification of graduation from the medical school. 68 Ill. Adm. Code 1285.70.

Iowa

Iowa requires a copy of the applicant's medical degree and a certification from the medical school. 653 IAC 9.4 (147,148).

Michigan

Michigan requires that an applicant establish that he or she is a graduate of medical school. Mich. Admin. Code R 338.2317.

Minnesota

Minnesota requires an original or certified copy of the diploma from the medical or osteopathic school. Minn. R. 5600.0200 Subp. 2.

Summary of factual data and analytical methodologies

The Medical Examining 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

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].

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis are attached.

Initial Regulatory Flexibility Analysis or Summary

None.

Agency Contact Person

Shawn Leatherwood, Rules Coordinator, 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: [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
Section Med 1.02
3. Subject
Diploma Copies
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
This rule addresses Med 1.02 (2). Currently Med. 1.02 requires applicants for medical licensure to file both documentary evidence from a medical or osteopathic school of medicine and a verified photographic copy of their diploma. Since the necessary information is readily supplied by the medical or osteopathic school, there is no need for applicants for medical licensure to provide a verified photographic copy of their diploma. This proposed rule seeks to remove the requirement to submit to the Medical Examining Board a verified photographic copy of the diploma conferring the medical or osteopathic degree.
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 rule will primarily impact applicants for medical licensure. This proposed 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 not have an economic or fiscal impact on specific businesses, business sector, 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
This proposed rule will benefit applicants for medical licensure by relieving them from complying with a duplicate step in the application process.
14. Long Range Implications of Implementing the Rule
The proposed rule will advance the paperless initiative by reducing the use of paper copies.
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: Illinois requires an official transcript and diploma or an official transcript and certification of graduation from the medical school. 68 Ill. Adm. Code 1285.70. Iowa: Iowa requires a copy of the applicant's medical degree and a certification from the medical school. 653 IAC 9.4 (147,148). Michigan: Michigan requires that an applicant establish that he or she is a graduate of medical school. Mich. Admin. Code R 338.2317. Minnesota: Minnesota requires an original or certified copy of the diploma from the medical or osteopathic school. Minn. R. 5600.0200 Subp. 2.
17. Contact Name				18. Contact Phone Number
Shawn Leatherwood				[phone]

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