Statement of Scope
Podiatry Affiliated Credentialing Board
Rule No.
:
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Pod 1
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Relating to
:
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Examination requirements
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1. Finding/nature of emergency (Emergency Rule only):
None.
2
.
Detailed description of the objective of the
proposed
rule
:
The purpose of the proposed rule is to bring current Wisconsin Administrative Code in line with recent legislation, specifically
2013 Wisconsin Act 114
.
3
.
Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives
:
Pursuant to the enactment of
2013 Wisconsin Act 114
, the Department of Safety and Professional Services and its attached boards may no longer require any person
to complete any
postsecondary education
before the person is eligible
to take an examination for a credential. In accordance
with this legislation, t
he Podiatry Affiliated Credentialing Board
must revise the administrative rules to allow applicants seeking licensure as a podiatrist to take their credentialing exam before completing any postsecondary education
.
The propose
d
rule will implement this change by amending Wis
consin Administrative
Code Chapter
Pod 1
.
4
.
Detailed explanation of statutory authority for the rule
(including
the
statutory citation and language):
Section
15.08 (5) (b)
,
Stats.,
provides examining boards, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .” The proposed rule seeks to provide guidance within the profession on applicant’s eligibility for licensure examination.
Section
227.11 (2) (a)
, Stats.,
discuss the parameters of an agency’s rule-making authority by stating that an agency, “may promulgate rules interpreting provisions of any statute enforced or administered by the agency
. . .
.but a rule is not valid if the rule
exceeds the bounds of correct interpretation. . .” This section allows an agency to promulgate administrative rules which interpret the statute it enforces or administers as long as the proposed rule does not exceed proper interpretation of the statute.
Section
440.071 (1)
, Stats., provides that, “the department or a credentialing board or other board in the department may not require a person to complete any postsecondary education or other program before the person is eligible to take an examination for a credential the department or credentialing board or other board in the department grants or issues.”
5
.
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
:
State employees will spend approximately 50 hours developing the proposed rule.
6
.
List with description of all entities that
may
be affected by the proposed rule
:
The proposed rule will affect applicants for licensure as a podiatrist.
7
.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
:
None.
8
. Anticipated economic impact of implementing the rule
(note if the rule is likely to have a significant economic impact on small businesses)
:
The proposed rule is likely to have minimal or no economic impact on small businesses.
