STATE OF WISCONSIN
Podiatry Affiliated Credentialing Board
IN THE MATTER OF RULEMAKING
PROCEEDINGS BEFORE THE
PODIATRY AFFILIATED CREDENTIALING BOARD
ORDER OF THE
PODIATRY AFFILIATED CREDENTIALING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE14-065)
ORDER
An order of the Podiatry Affiliated Credentialing Board to amend Pod 4.01 and 4.03(2), relating to biennial registration of podiatrists.
Analysis prepared by the Department of Safety and Professional Services.
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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. Boards 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 provides 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 rules.
Related statute or rule:
Plain language analysis:
The sole purpose of this proposed rule 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 the expiration date. I
ll. Admin. Code
tit. 68 §1360.55 a).
Iowa
: Biennial license renewal for podiatrists 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 licensee whose license number is an odd number and in even-numbered years for a licensee 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 document is 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
Vieira
, 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.
Vieira
@wisconsin.gov
.
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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 Register, pursuant to s.
227.22 (2) (intro.)
, Stats.
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(END OF TEXT OF RULE)
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