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:
Statutory authority:
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:
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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