NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Athletic Trainers Affiliated Credentialing Board in ss. 15.085 (5) (b), 227.11 (2) and 448.9525 (2), Stats., and interpreting s. 448.956, Stats., the Athletic Trainers Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to create s. AT 4.02 (5), relating to referrals.

Date:   November 8, 2004

Time:   9:15 a.m.

Location:   1400 East Washington Avenue

  Room 179A

  Madison, Wisconsin

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 Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by November 17, 2004, to be included in the record of rule-making proceedings.

Statutes authorizing promulgation: ss. 15.085 (5) (b), 227.11 (2) and 448.9525 (2), Stats.

Statutes interpreted: s. 448.956, Stats.

A new provision is being added to modify s. AT 4.02 to clarify the duties of a licensee in the clinical context and when working on behalf of a primary employer in the instance of receiving a referral of a patient for treatment. Currently, the mandatory protocol requirements for the treatment of an athletic injury do not explicitly provide guidelines delineating the consultation duty and protocol disclosure duty of a licensee who receives a referral of a patient from a person who is not the licensee's consulting physician. Modifying s. AT 4.02 will assist licensees by clarifying the type of disclosures and professional consultations that must be made with consulting physicians and health care providers in the instance of the evaluation and treatment of referred patients.

SECTION 1 creates a new provision to clarify the five conditions under which a licensee may accept the referral of a patient from a health care provider who is not the licensee's consulting physician.

This proposed rule-making order was reviewed and approved by the Medical Examining Board.

Federal Regulations: There is no existing federal regulation regarding referrals.

State Regulations:

Michigan -- No regulation.

Illinois -- No rules regarding referrals.

Indiana -- (Referral by physician, osteopath, podiatrist, chiropractor)

IC25-5.1-1-4 Athletic training

Sec. 4. “Athletic training" means the practice of prevention, recognition, assessment, management, treatment, disposition, and reconditioning of athletic injuries under the direction of a licensed physician, osteopath, podiatrist, or chiropractor. However, in a clinic accessible to the general public, the term means practicing athletic training only upon the referral and order of a licensed physician, osteopath, podiatrist, or chiropractor.

Minnesota -- (Referral – license to practice – medicine, chiropractic, podiatry, dentistry. In corporate setting, the AT may also work under the direct supervision of a physical therapist, which is similar to a referral.) Minn. Stats. Section 148.7806 Athletic training.

Athletic training by a registered athletic trainer under section 148.7808 includes the activities described in paragraphs (c) to (e).

(c) At the primary employment site, except in a corporate setting, an athletic trainer may evaluate and treat an athlete for an athletic injury not previously diagnosed for not more than 30 days, or a period of time as designated by the primary physician on the protocol form, from the date of the initial evaluation and treatment. Preventative care after resolution of the injury is not considered treatment. This paragraph does not apply to a person who is referred for treatment by a person licensed in this state to practice medicine as defined in section 147.081, to practice chiropractic as defined in section 148.01, to practice podiatry as defined in section 153.01, or to practice dentistry as defined in section 150A.05 and whose license is in good standing.

(d) An athletic trainer may:

(e) In a clinical, corporate, and physical therapy setting, when the service provided is, or is represented as being, physical therapy, an athletic trainer may work only under the direct supervision of a physical therapist as defined in section 148.65.

Iowa -- (Referral – doctor, dentist)

IAC-645-351.6(1) Standards for athletic training-direct service. c. Standard 3-documentation. The athletic trainer shall accept responsibility for recording details of the athlete's health status. Documentation shall include:

(2) Referral source (doctor, dentist).

The Department of Regulation and Licensing will incur $500 in costs to print and distribute this rule change.

The Department of Regulation and Licensing has determined that this rule has no significant fiscal effect on the private sector.

These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Dentistry Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 447.04 (1) (a) 3., Stats., the Dentistry Examining Board will hold a public hearing at the time and place indicated below to consider an order to create DE 1.02 (4m), relating to the definition of “dental school."

Date:   November 3, 2004

Time:   9:00 a.m.

Location:   1400 East Washington Avenue

  Room 179A

  Madison, Wisconsin

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 Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by November 15, 2004, to be included in the record of rule-making proceedings. Analysis prepared by the Department of Regulation and Licensing.

Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats.

Statutes interpreted: s. 447.04 (1) (a) 3., Stats.

In Section 1, the Dentistry Examining Board proposes to define dental school to specify that the school or college must be approved by the board; be a 4 year program or equivalent; and result in the degree of doctor of dental surgery or doctor of dental medicine.

Regulation in adjoining states:

Illinois:

Does not define the term “dental school" in its administrative rules.

Indiana:

Does not define the term “dental school" in its administrative rules.

Iowa:

The term “accredited school" is defined as a dental, dental hygiene, or dental assisting education program accredited by the American Dental Association Commission on Dental Accreditation.

Michigan:

Does not include the term “dental school" in its administrative rules.

Minnesota:

Does not define the term “dental school" in its administrative rules. However, the term “Commission on Accreditation" is defined as the Commission on Dental Accreditation of the American Dental Association.

There is no existing federal regulation that defines dental schools.

TEXT OF RULE

SECTION 1. DE 1.02 (4m) is created to read:

DE 1.02 (4m) “Dental school" means a school or college approved by the board that offers at least 4 academic years of instruction or its equivalent in all dental disciplines and that leads to the degree of doctor of dental surgery or doctor of dental medicine.

The Department of Regulation and Licensing will incur $500 in costs for staff to print and distribute the rule change.

The Department of Regulation and Licensing has determined that this rule has no significant fiscal effect on the private sector.

These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.

The Wisconsin Department of Employee Trust Funds (DETF) will hold a public hearing to review this proposed rule, which amends Wis. Admin. Code ss. ETF 10.30 (8), 10.75 (2) (a) and 10.82 (1), repeals and recreates s. ETF 10.82 (2) and creates s. ETF 10.82 (1) (am) regarding the receipt of facsimile and electronic mail communications by the department. The public hearing will be held on October 28, 2004, at 1:30 PM in the downstairs Conference Room GB at the offices of the Department of Employee Trust Funds, 801 West Badger Road, Madison, Wisconsin.

The public record on this proposed rule making will be held open until 4:30 p.m. on Friday, November 12, 2004, to permit persons who are unable to attend the public hearing in person to submit written comments on the proposed rule. Any such written comments should be addressed to Robert Weber, Department of Employee Trust Funds, 801 W. Badger Road, P.O. Box 7931, Madison, WI 53707-7931.

This proposed rule will be promulgated under the authority granted to the Secretary of the Department of Employee Trust Funds under Wis. Stat. s. 40.03 (2) (i).

The Secretary of the Department of Employee Trust Funds is expressly authorized to promulgate rules required for the efficient administration of the Public Employee Trust Fund or the benefit plans administered by the Department. Rules required for the administration of group health, long-term care, income continuation or life insurance plans under subchs. IV to VI of ch. 40, Stats., must also be approved by the Group Insurance Board. Approval by the Deferred Compensation Board is necessary for all rules required for the administration of deferred compensation plans established under subch. VII of ch. 40. Those programs aside, rule-making under Wis. Stat. s. 40.03 (2) (i) requires the approval of the Employee Trust Funds Board and rules relating to teachers must be approved by the Teachers Retirement Board while rules relating to participants other than teachers must be approved by the Wisconsin Retirement Board.

Wis. Stat. ss. 137.11, 137.16, 137.17, and 137.23, all being part of subchapter II ("Electronic Transactions and Records; Electronic Notarization and Acknowledgement") of ch. 137 as affected by 2003 Wis. Act 294, effective May 5, 2004. Act 294 is intended to enact the Uniform Electronic Transactions Act in Wisconsin. As described by the National Conference of Commissioners on Uniform State Laws, the UETA is designed to support the use of electronic commerce. The primary objective of the UETA to establish the legal equivalence of electronic records and signatures with paper writings and manually signed signatures, removing barriers to electronic commerce.