CR_14-065 Biennial registration of podiatrists  

  • STATE OF WISCONSIN
    PODIATRY AFFILIATED CREDENTIALING BOARD
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    IN THE MATTER OF RULEMAKING   :   PROPOSED ORDER OF THE
    PROCEEDINGS BEFORE THE     :   PODIATRY AFFILIATED
    PODIATRY AFFILIATED       :   CREDENTIALING BOARD
    CREDENTIALING BOARD       :   ADOPTING RULES
                :   (CLEARINGHOUSE RULE14-065 )
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    PROPOSED ORDER
    An ord er of the Podiatry Affiliated Credentialing Board to amend ss. Pod 4.01 and 4.03 (2) , re lating to biennial registration of podiatrists.
    Analysis prepared by the Department of Safety and Professional Services .
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    ANALYSIS
    Statutes interpreted:
    Section 448.65 (2) , Stats.
    Statutory authority:
    Sections 15.085 (b), 227 .11 (2) (a) , and 448.65 (2) , Stats.
    Explanation of agency authority:
    Affiliated credentialing boards such as the Podiatry Affiliated Credentialing Board have the authority to promulgate rules that provide guidance within their profession pursuant to s. 15.085 (b), Stats. B oards are also authorized by s. 227.11 (2) (a) , Stats., to set forth rules interpreting the provisions of any statute it enforces or administers. Section 448.65 (2) , Stats., is administered by the Podiatry Affiliated Credentialing Board and provide s guidance in the profession with regards to the requirements for podiatrists seeking renewal of their credential . The proposed rule seeks to amend the rules regarding renewal of a podiatrist’s credential . Therefore, the Podiatry Affiliated Credentialing Board is empowered both generally and specifically to promulgate the proposed rule s.
    Related statute or rule:
    Section 440.08 (2) (a) 60, Stats.
    Plain language analysis:
    The sole purpose of this proposed rul e is to correct an inconsistency regarding the renewal date for podiatrists. Currently, s. Pod 4.01 and 4.03 state the renewal date for podiatrists is November 1 of each odd-numbered year while s. 440.08 (2) (a) 60, Stats., states that the renewal date is November 1 of each even-numbered year. The statute is controlling. Therefore, the proposed rule seeks to correct s. Pod 4.01 and 4.03 to reflect the correct date. There are no new policies proposed by the rule.
    Summary of, and comparison with, existing or proposed federal regulation:
    None.
    Comparison with rules in adjacent states:
    Illinois : Licenses issued in Illinois expire on January 31 st of each odd-numbered year. A podiatrist may renew their license during the month preceding t he expiration date. I ll. Admin. Code tit. 68 § 1360.55 a).
    Iowa : Biennial license renewal for podiatrist s is June 30 th of each even-numbered year. Iowa Admin. Code r. 645-220.09 (1).
    Michigan : Licensees must renew on an annual basis . Mich. Admin. Code R 338.3701.
    Minnesota: The renewal term begins on July 1 st in odd-numbered years for a license e whose license number is an odd number and in even-numbered years for a license e whose license number is an even number. Minn. Rules. 6900.0200.
    Summary of factual data and analytical methodologies:
    None.
    Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis :
    This rule will have a minimal or no effect on small businesses.
    Fiscal Estimate and Economic Impact Analysis:
    The Fiscal Estimate and Economic Impact Analysis are attached.
    Effect on small business :
    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 Eric.Esser @wisconsin.gov , or by calling (608) 267-2435 .
    Agency contact person :
    Katie Paff , Administrative Rules Coordinator Department of Safety and Professional Services , Division of Policy Development , 1400 East Washington Avenue, Room 151, P.O. Box 8366 Madison, Wisconsin 53708 -8366 ; telephone 608- 261-4472 ; email at Kathleen.Paff @wisconsin.gov .
    Place where comments are to be submitted and deadline for submission :
    Comments may be submitted to Katie Paff , Department of Safety and Professional Services , Division of Policy Development , 1400 East Washington Avenue, Room 151, P.O. Box 8366 , Madison, WI 53708-8366 , or by email to Kathleen.Paff @wisco ns in.gov . Comments must be received on or before June 5 , 2015 to be included in the record of rule-making proceedings.
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    TEXT OF RULE
    SECTION 1. Pod 4.01 is amended to read:
    Pod 4.01 Registration required; method of registration. Each licensee shall register biennially with the board. Prior to November 1 of each odd-numbered even- numbered year the department shall mail to each licensee at his or her last known address an application form for registration. Each licensee shall complete the application form and return it with the required fee prior to November 1 of that year. The board shall notify the licensee within 30 business days of receipt of a completed registration form whether the application for registration is approved or denied
    SECTION 2. Pod. 4.03 (2) is amended to read:
    Pod 4.03 (2 ) Failure to renew a license by November 1 of odd-numbered years an even- numbered year shall cause the license to lapse. A licensee who allows the license to lapse may apply to the board for reinstatement of the license as follows:
    Section 3. Effective Date . The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative R egister, pursuant to s. 227.22 (2) (intro.) , Stats.
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    (END OF TEXT OF RULE)
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