NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (15) (h) to (j), 101.12 (3) (c), 101.19 (1) (b) and 101.17, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapters Comm 41, 5 and 2, relating to boilers and pressure vessels.

The public hearing will be held as follows:

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until May 16, 2005, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at racker@commerce.state.wi.us.

This hearing is held in accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Statutes Interpreted. Sections 101.02 (15) (h) to (j), 101.12 (3) (c), 101.19 (1) (b) and 101.17, Stats.

Statutory Authority. Sections 101.02 (15) (h) to (j), 101.12 (3) (c), 101.19 (1) (b) and 101.17, Stats.

Related Statute or Rule. There is no related statute or rule.

Explanation of Agency Authority. Section 101.02 (15) (h) to (j), Stats., grants the Department of Commerce general authority for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the construction, repair and maintenance of public buildings and places of employment. Section 101.12 (3) (c), Stats., directs the department to certify the competency of inspectors of boilers and pressure vessels. Section 101.19 (1) (b), Stats., authorizes the department to fix and collect fees for the inspection of boilers and pressure vessels. Section 101.17, Stats., indicates that machines and boilers cannot be installed or used in Wisconsin unless they comply with the rules of the department.

Chapter Comm 41 currently contains minimum safety standards for the design, construction, installation, operation, inspection, testing, maintenance, repair and alteration of boilers and pressure vessels installed in public buildings and at places of employment. Chapter Comm 5 contains requirements for certifying the competency of boiler and pressure vessel inspectors. Chapter Comm 2 contains the fees for providing inspections of boilers and pressure vessels.

The proposed rules consist of an update of chapter Comm 41 in order to bring the state boiler and pressure vessel code up to date with current technology and nationally recognized standards. The proposal also includes changes in chapter Comm 5 relating to the certification of boiler and pressure vessel inspectors, and in chapter Comm 2 relating to the inspection fee charged for multiple boilers or pressure vessels in one building. The following is a summary of the major changes being proposed. [The numbers in brackets indicate where the change can be found in the proposed rules.]

1. Revising the fee schedule for inspections of multiple boilers in one building and multiple pressure vessels in one building. [Comm 2.11 Tables 2.11-1 and 2.11-2]

2. Creating continuing education requirements for renewal of the certification as a certified boiler-pressure vessel inspector. [Comm 5.60 (5) (c)]

3. Updating currently adopted national standards to the most recent edition of the standards. [Comm 41.10 (2)]

4. Adding a rule requiring reporting inactive or non-existent boilers and pressure vessels to the department. [Comm 41.15 (3)]

5. Clarifying the exemption from inspection and registration for power piping. [Comm 41.16 (2) (b) and 41.41 (2) (b)]

6. Revising the requirements for indicating when an inspection of boilers and pressure vessels has been performed and for providing copies of inspection reports. [Comm 41.23 (1)]

7. Starting one year after the effective date of the proposed rules, requiring all inspection reports to be sent electronically to the department. [Comm 41.23 (2) (a) 2.]

8. Exempting ASME form P-4B from completion for boiler piping on certain ASME stamped boilers. [Comm 41.41 (3)]

9. Exempting cast iron sectional boilers stamped “H" and pressure vessels stamped “UM" from National Board registration. [Comm 41.42 (2) (b)]

10. Requiring registration with the National Board for routine repairs and for seal welding of 6 or more boiler tubes. [Comm 41.62 (2)]

11. Creating new rules for the inspection and testing of historical boilers operated at fairs, steam shows and other locations frequented by the public. [Subchapter IX]

6. Summary of, and Comparison with, Existing or Proposed Federal Regulations.

An Internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to the activities to be regulated by the rule.

Title 46 CFR Part 59 – Repairs to Boilers, Pressure Vessels and Appurtenances. This regulation in the Department of Homeland Security applies to the repair of all boilers, appurtenances and pressure vessels subject to inspections by the Coast Guard. The regulation adopts sections I, VII, VIII and IX of the 1989 ASME Boiler and Pressure Vessel Code.

Title 30 CFR Part 56 – Safety and Health Standards – Surface Metal and Nonmetal Mines. Subpart L of this regulation in the Department of Labor requires all boilers and pressure vessels to be constructed, installed and maintained in accordance with the ASME Boiler and Pressure Vessel Code. This regulation adopts sections I, II, IV, V, VI and VII of the 1977 ASME Code and the 1979 edition of the National Board Inspection Code.

Title 30 CFR Part 57 -- Safety and Health Standards – Underground Metal and Nonmetal Mines. Subpart L of this regulation is the same as subpart L in part 56.

Title 29 CFR Part 1910 – Occupational Safety and Health Standards. Subpart R of this regulation in the Department of Labor applies to establishments where pulp, paper and paperboard are manufactured and converted. This regulation adopts the 1968 edition of section VIII of the ASME Boiler and Pressure Vessel Code.

Title 10 CFR Part 50 – Domestic Licensing of Production and Utilization Facilities. This regulation in the Nuclear Regulatory Commission applies to systems and components of boiling and pressurized water-cooled nuclear power reactors. This regulation adopts section III, division 1 and section XI, division 1 through the 2000 addenda of the ASME Boiler and Pressure Vessel Code.

An Internet-based search of the 2004 and 2005 issues of the Federal Register found the following proposed federal regulations relating to the activities to be regulated by the rule.

June 30, 2004 Register, Title 46 CFR Part 32 et al. The Coast Guard in the Department of Homeland Security published a proposal to update the standards incorporated by reference for marine equipment. This proposal updates the ASME Boiler and Pressure Vessel Code to the 2001 edition.

October 1, 2004 Register, Title 10 CFR Part 50. The Nuclear Regulatory Commission published a final rule to update its regulations by incorporating by reference the 2001 edition and the 2002 and 2003 addenda of division 1 of section III and division 1 of section XI of the ASME Boiler and Pressure Vessel Code.

7. Comparison with Rules in Adjacent States.

The Illinois Office of the State Fire Marshal, Division of Boiler and Pressure Vessel Safety regulates the construction, installation, operation, inspection and repair of boilers and pressure vessels throughout the state of Illinois. The Illinois Boiler and Pressure Vessel Safety Rules and Regulations are very similar to the requirements in the Wisconsin Boiler and Pressure Vessel Code, including the Illinois incorporation by reference of the ASME Boiler and Pressure Vessel Code (2001 with 2003 addenda), the National Board Inspection Code (2001 with 2003 addenda), and the API 510 standard (8th edition).

The Iowa Department of Workforce Development, Division of Labor Services administers and enforces the Boilers and Unfired Pressure Vessels Chapter of the Iowa Code. That chapter requires new installations of boilers and pressure vessels to be designed, manufactured, installed, inspected and stamped in accordance with the applicable requirements of the ASME Boiler and Pressure Vessel Code (1998 with 1999 and 2000 addenda). The rules are similar to the Wisconsin rules, except that the Iowa rules recognize German, British, Japanese and Canadian construction and installation standards.

The Michigan Department of Labor and Economic Growth administers the Michigan Boiler Law and Rules. The rules are similar to the Wisconsin rules, and establish minimum standards of safety for the use, construction, installation, inspection, alteration and repair of boilers, with limited rules for specified pressure vessels. The rules adopt the National Board Inspection Code (2001 with addenda), the ASME Boiler and Pressure Vessel Code (2001 with addenda), and the ASME B31.1 Power Piping standard (2001 with addenda).

The Minnesota Department of Labor and Industry, Division of Boiler Inspection administers rules that address the manufacture, installation, repair, operation, safety and inspection of boilers, pressure vessels and appurtenances. The rules contain provisions for licensing of boiler operators, and include minimal requirements for hobby boilers (steam traction engines). The rules are very similar to the Wisconsin rules, and incorporate the most recent editions and addenda of the ASME Boiler and Pressure Vessel Code and the National Board Inspection Code.

8. Summary of Factual Data and Analytical Methodologies.

There were no factual data or analytical methodologies used to develop the proposed rules.

9. Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of Economic Impact Report.

The proposed rules should have a minimal effect on small business. There were no supporting documents used to determine the effect on small business, and an economic impact report was not prepared.

The proposed rules have been developed with the assistance of the Boiler and Pressure Vessel Code Advisory Council. The members of that citizen advisory council are as follows:

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

1. Types of small businesses that will be affected by the rules.

Any business involved with the design, construction, installation, operation, inspection, testing, maintenance, repair or alteration of boilers or pressure vessels will be affected by the rules.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

The rules include a new requirement for certified inspectors to report to the department when a boiler or pressure vessel becomes inactive or non-existent. Starting one year after the effective date of the proposed rules, all inspection reports must be reported to the department electronically.

3. Types of professional skills necessary for compliance with the rules.

There are no types of professional skills necessary for compliance with the rules.

4. Rules will not have a significant economic impact on small businesses.

Yes, rules submitted to Small Business Regulatory Review Board

The Safety and Buildings Division is responsible for administering and enforcing rules relating to boilers and pressure vessels. Although the proposed rules contain a revised fee for the inspection of multiple boilers or pressure vessels in one building and a fee for administration of a competency examination, the Division anticipates the revenue change will be insignificant. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.

The proposed rules will not have a fiscal effect on local governments.

The proposed rules will not have a significant fiscal effect on the private sector. Anticipated new costs that will be incurred by the private sector are for inspection and testing of historical boilers and for obtaining continuing education credits for inspector certification renewal.

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at cdunn@commerce.state.wi.us.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Hearing and Speech Examining Board in ss. 15.08 (5) (b), 227.11 (2), 459.12, 459.24 (5m) and (6) (c), Stats., and interpreting ss. 459.07 (2), 459.24 (2) (f), 459.24 (5), 459.24 (6) and 459.34 (2), Stats., the Hearing and Speech Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal HAS 6.02 (4g), (4m), (5g) and (6b); to renumber HAS 6.09 (1) and 6.10 (3); to renumber and amend HAS 6.03 (7), 6.18 (2) and (3); to amend HAS 2.01 (2), 5.02 (2) (g) (intro.) and 2., 6.02 (1m), 6.10 (title), (1) (intro.) and (2), 7.02, 7.03 (1) (d), (2) (c), 8.03 (1) and 8.04 (1); to repeal and recreate HAS 6.18 (1) (h); and to create HAS 6.03 (7) (a) and (b), 6.09 (1), 6.10 (3), (4) and (5), 6.175, 7.03 (1) (e) and (2) (d), and 8.03 (6), relating to definitions, temporary trainees, continuing education, temporary licenses, and unprofessional conduct.

Date:   May 2, 2005

Time:   2:00 P.M.

Location:   1400 East Washington Avenue

  Room 180

  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 May 13, 2005 to be included in the record of rule-making proceedings.

Statute interpreted: Sections 459.07 (2), 459.24 (2) (f), 459.24 (5), 459.24 (6), 459.34 (2), Stats.

Statutory authority: Sections 15.08 (5) (b), 227.11 (2), 459.12, 459.24 (5m) and (6) (c), Stats.

Explanation of agency authority: The Hearing and Speech Examining Board licenses and regulates the conduct of hearing instrument specialists, audiologists and speech-language pathologists. The board is authorized under ss. 459.12 and 459.24 (5m) and (6) (c), Stats., to promulgate rules relating to the supervision of hearing instrument specialist trainees by audiologists; the grant of temporary licenses to individuals applying for licenses to practice speech-language pathology and audiology; continuing education requirements and unprofessional conduct.

Related statute or rule: There are no related statutes or rules other than those listed above.

Plain language analysis: The Hearing and Speech Examining Board herein sets forth revisions to its rules. Audiologists are granted the authority to supervise hearing instrument trainees, standards of unprofessional conduct for hearing instrument specialists and audiologists are broadened and restructured, the definition of audiologist is modified, an equivalency provision is added to the speech-language pathology application procedure, the periods of temporary licensure for speech-language pathologists and audiologists are amended, the renewal deadline for hearing instrument specialists is changed from even to odd-numbered years, the deadline for reporting continuing education course completion is extended from the first to the second renewal date following the initial granting of a license, and the time allowed for sponsors to submit an application for continuing education course approval is reduced.

SECTION 1 amends s. HAS 2.01 (2) to allow licensed audiologists to directly supervise trainees granted a permit to practice fitting hearing instruments, and making ear impressions and taking hearing measurements for the purpose of fitting hearing instruments. Currently, s. HAS 2.01 (2) only allows hearing instrument specialists to provide direct supervision. Audiologist supervisors would be liable for the trainee's negligent acts and omissions in the fitting of hearing instruments, as hearing instrument specialists are under the current rule.

SECTION 2 amends s. HAS 5.02 (2) (g) (intro.) and 2. to make failure to comply with the terms of sale on a receipt, such as the product repair policy or guarantee, an act of unprofessional conduct. The current rule only requires those terms to be clearly stated on the receipt, with no explicit authority for the board to act against the licensee for failure to comply with the terms.

SECTION 3 amends the definition of “Au.D." to clarify that the board need not approve the college or university granting the degree.

SECTION 4 makes deletions to the definitions section of s. HAS 6.02, relating to the licensure of speech-language pathologists, audiologists, and temporary licensees.

SECTION 5 renumbers and amends s. HAS 6.03 (7) and SECTION 6 creates s. HAS 6.03 (7) (a) and (b), to allow the board to decide if an applicant's education or training is equivalent to the completion of a postgraduate clinical fellowship. This is consistent with the licensure requirements for audiologists under s. HAS 6.04 and builds flexibility into the rule in the event that national certification requirements for postgraduate clinical fellowships are increased beyond what the board believes is necessary to protect public health and safety.

SECTION 7 renumbers s. HAS 6.09 (1).

SECTION 8 creates a definition of “hardship."

SECTIONS 9 to 11 relate to temporary licenses. These amendments implement the statutory change that allowed the board to expand the period of validity for a temporary license to practice speech-language pathology and audiology. For speech-language pathologists, the 9 month period of validity and one-time renewal previously recognized by s. 459.24 (6) (c), Wis. Stats., was changed by 2003 Wisconsin Act 270 to make the length of the period of validity discretionary for the board. The rule allows 18 months with a one-time renewal that may exceed 18 months as a matter of board discretion. This change was spurred by a shortage of speech-language pathologist Ph.D. students and faculty in Communicative Disorders programs. Since the clinical fellowship year is completed after the master's degree, the board's purpose is to accommodate students who may wish to complete the Ph.D. under a temporary license. For audiologists, the period is increased from 9 to 12 months, with a one-time renewal that may exceed 12 months at the board's discretion, but only in those instances where a permit holder who fails a licensure examination applies to take the next available examination or shows sufficient cause for renewal. The additional three months brings the time allowed under a temporary license for audiologists closer to the standard for speech-language pathologists. A 100-day grace period from the date the individual failed to take the examination is allowed unless board inaction or hardship is shown.

SECTION 12 creates s. HAS 6.175, with definitions of “full terms of sale," “cerumen management," “personal guarantee," and “sell" or “sale."

SECTION 13 repeals and recreates s. HAS 6.18 (1) (h) to include engaging in unprofessional conduct as an enumerated ground for discipline.

SECTION 14 renumbers and amends s. HAS 6.18 (2). In setting forth additional bases for unprofessional conduct, such as failure to comply with the terms of sale on a receipt, explicit recognition of other states' hearing instrument specialist and audiologist hearing tests is allowed as a sufficient basis for sale if proper procedures, instrumentation and measurement are conducted. Only one basis for discipline is moved between the states.

SECTION 15 renumbers and amends s. HAS 6.18 (3). Currently, s. HAS 6.18 (3) describes, by enumeration, conduct defined in sub. (b) with exclusive reference to conduct evidencing a lack of knowledge or ability to apply professional principles or skills rather than as unprofessional conduct generally.

SECTION 16 amends s. HAS 7.02 to change the renewal date for hearing instrument specialists from even-numbered years to odd-numbered years.

SECTIONS 17 to 22 relate to completing continuing education hours for the renewal of a license. It also extends the first continuing education reporting deadline from the first to the second renewal date following the initial granting of a hearing instrument specialist, speech-language pathologist, or audiologist license. The purpose of this change is to avoid a truncated timeline for compliance with continuing education requirements after initial licensure. This eliminates the truncated compliance timeline on initial license applications that are completed close before an application deadline.

SECTION 23 reduces the time allowed for continuing education sponsors to submit an application from 45 to 30 days prior to the first date the program or course of study is offered.

Summary of, and comparison with, existing or proposed federal regulation: None. Checked the U.S. Code and Federal Register.

Comparison with rules in adjacent states: The following is a summary of the requirements to obtain and maintain a license in Illinois, Iowa, Michigan and Minnesota.

The states of Illinois and Minnesota require an individual to obtain a temporary license prior to completing a postgraduate clinical fellowship in speech-language pathology. Minnesota also requires an individual to obtain a temporary license prior to completing a postgraduate clinical fellowship in audiology.

None of the states authorize audiologists to supervise hearing instrument specialist trainees.

None of the states permit applicants to claim “hardship" for failure to take the required examinations.

The state of Illinois exempts audiologists and speech-language pathologists from the continuing education requirements during the first renewal period following initial licensure. The state of Minnesota exempts certified dispensers, who have been licensed less than one year, from the continuing education requirements.

All of the states have adopted a provision that authorizes disciplinary action based upon unprofessional conduct, unethical conduct or similar language.

Summary of factual date and analytical methodologies: The Hearing and Speech Examining Board considered its past experience as the credentialing and enforcement authority overseeing hearing instrument specialists, audiologists and speech-language pathologists in drafting the rules. The board also researched proposed national licensure standard changes to ensure Wisconsin license application requirements will remain current notwithstanding new standards that may be imposed, and to ensure a continuing role for the board in deciding on the adequacy of training to protect public health and safety. The board reviewed license applications in cooperation with department staff to clarify and amend where needs have been identified. Enforcement provisions were modified slightly to allow the board to act where its authority was less than clear in the past and to improve the overall structure of the enforcement rules.

Determination of significant fiscal effect on the private sector: The department finds that this rule has no significant fiscal effect on the private sector.

The proposed rules will have no impact on the department's funds.

Effect on Small Business

These proposed rules will be reviewed by the Department's Small Business Review Advisory Committee to determine whether there will be a significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats. The Department's Regulatory Review Coordinator may be contacted by email at christopher.klein@drl.state.wi.us, or by calling (608) 266-8608.

Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495.
Email: pamela.haack@drl.state.wi.us.

Place where comments are to be submitted and deadline for submission: Comments may be submitted to the addresses listed above. Comments must be received on or before May 13, 2005 to be included in the record of rule-making proceedings.

TEXT OF RULE

SECTION 1. HAS 2.01 (2) is amended to read:

HAS 2.01 (2) A trainee permit issued by the board entitles the trainee to practice fitting hearing instruments, make ear impressions and make measurements of human hearing, for the purpose of fitting hearing instruments, for a period of one year and only while under the direct supervision of a hearing instrument specialist or an audiologist who holds a license issued under ch. 459, Stats. The licensee is liable for the trainee's negligent acts and omissions in the fitting of hearing instruments.

SECTION 2. HAS 5.02 (2) (g) (intro.) and 2. are amended to read:

HAS 5.02 (2) (g) (intro.) Failing to clearly state the full terms of sale on a receipt, as required in s. 459.03, Stats., and failing to comply with those terms. The full terms of sale shall include all of the following:

2. The date, and place and method of delivery.

SECTION 3. HAS 6.02 (1m) is amended to read:

HAS 6.02 (1m) “Au.D." means a doctor of audiology degree granted by a college or university approved by the board.

SECTION 4. HAS 6.02 (4g), (4m), (5g) and (6b) are repealed.

SECTION 5. HAS 6.03 (7) is renumbered HAS 6.03 (7) (intro.) and is amended to read:

HAS 6.03 (7) (intro.) Evidence satisfactory to the board that the applicant has completed a postgraduate clinical fellowship in speech-language pathology approved by the board. satisfied one of the following:

SECTION 6. HAS 6.03 (7) (a) and (b) are created to read:

HAS 6.03 (7) (a) Completed a postgraduate clinical fellowship in speech-language pathology approved by the board.

(b) Completed education or training that the board determines is substantially equivalent to the completion of a postgraduate clinical fellowship in speech-language pathology.

SECTION 7. HAS 6.09 (1) is renumbered HAS 6.09 (1m).

SECTION 8. HAS 6.09 (1) is created to read:

HAS 6.09 (1) “Hardship" means serious illness or some other personal adversity, as determined by the board.

SECTION 9. HAS 6.10 (title), (1) (intro.) and (2) are amended to read:

HAS 6.10 (title) Application for licensure temporary license. (1) (intro.) Before commencing a postgraduate clinical fellowship in speech-language pathology or audiology, an individual shall obtain a temporary license under s. 459.24 (6), Stats. The applicant shall submit all of the following:

(2) A temporary license granted by the board to practice speech-language pathology is valid for a period designated by the board, not to exceed 9 18 months. A temporary license granted by the board to practice speech-language pathology and may be renewed once for 18 months or longer, at the discretion of the board. A temporary license granted to practice audiology may be renewed once by the board if the applicant fails an examination for audiologist licensure under s. 459.26 (2) (a) or (b), Stats., and applies to take the next available examination or if the applicant shows, to the satisfaction of the board, sufficient cause for the renewal.

SECTION 10. HAS 6.10 (3) is renumbered HAS 6.10 (6).

SECTION 11. HAS 6.10 (3), (4) and (5) are created to read:

HAS 6.10 (3) Except as provided in sub. (5), a temporary license granted to practice audiology is valid for a period designated by the board, not to exceed 12 months.

(4) A temporary license granted under sub. (3) may be renewed once for 12 months or longer, at the discretion of the board, if the applicant fails an examination for licensure under s. 459.26 (2) (a) or (b), Stats., and applies to take the next available examination or if the applicant shows, to the satisfaction of the board, sufficient cause for the renewal.

(5) If an individual who is granted a temporary license under sub. (3) to practice audiology fails to take the next available examination under s. 459.26 (2) (a) or (b), Stats., for reasons other than inaction by the board or hardship, the temporary license granted under sub. (3) automatically expires on the one-hundredth calendar day following the date the individual failed to take the examination.

SECTION 12. HAS 6.175 is created to read:

HAS 6.175 Definitions. In this subchapter and in subchapter II of ch. 459, Stats.:

(1) “Cerumen management" means the removal of cerumen from the external auditory canal by the utilization of methods and techniques performed in accordance with minimum standards and procedures established in the audiological profession.

(2) “Full terms of sale" means the conditions of a sale agreed to by an audiologist and the purchaser of a hearing instrument.

(3) “Personal guarantee" means a promise made by an audiologist to a hearing instrument purchaser to provide the minimum product warranty offered by a manufacturer.

(4) “Sell" or “sale" has the meaning given in s. 459.20 (3t), Stats.

(5) “Unprofessional conduct" means the violation of any standard of professional behavior, which through experience, state statute or administrative rule has become established in the practice of speech-language pathology or audiology.

SECTION 13. HAS 6.18 (1) (h) is repealed and recreated to read:

HAS 6.18 (1) (h) Engaged in unprofessional conduct.

SECTION 14. HAS 6.18 (2) is renumbered HAS 6.18 (3) and is amended to read:

HAS 6.18 (3) (intro.) In addition to the grounds bases for discipline unprofessional conduct set forth in under sub. (1) (2), the board may reprimand an audiologist, or deny, limit, suspend or revoke a license or permit, if it finds that the applicant, licensee or permittee has done any of engaged in the following unprofessional conduct:

(a) Violated any federal or state statute, rule or regulation that relates to the practice of fitting and dealing in hearing aids.

(b) Failed to conduct a direct observation of the ear canal of a purchaser of person for whom a hearing aid is purchased.

(c) Sold a hearing aid to for use by a person who was not given tests by a hearing instrument specialist or an audiologist licensed under ch. 459, Stats., or in another state using appropriate procedures and instrumentation and without proper measurement of the functional intensity and range of the person's hearing.

(d) Failed to calibrate audiometric equipment at least once every 12 months.

(e) Failed to maintain adequate records of certification of calibrations of audiometric equipment for a period of 5 years or failed to provide access to those records when requested by the board or its representative.

(f) (intro.) Failed to clearly state the full terms of sale on a receipt, as required in s. 459.24 (3m), Stats., or failed to comply with those terms. The full terms of sale shall include all of the following:

1. The amount and method of payment.

2. The date, and place and method of delivery.

3. The terms of any personal guarantee.

4. The nature and duration of the trial period and extension, if any.

5. The refund policy and amount, if any.

6. The product return and exchange policy, if any.

7. The product repair policy, if any.

(g) Failed to perform cerumen management in a competent manner.

SECTION 15. HAS 6.18 (3) is renumbered HAS 6.18 (2) and is amended to read:

HAS 6.18 (2) (intro.) In this section, “conduct in the practice of speech-language pathology or audiology which evidences a lack of knowledge or ability to apply professional principles or skills" includes subchapter and in s. 459.34 (2) (h), Stats., the following, without limitation because of enumeration, are violations of standards of professional behavior that constitute unprofessional conduct:

(a) Subject to ss. 111.321, 111.322 and 111.34, Stats., practicing or attempting to practice speech-language pathology or audiology while the person's ability to practice is impaired by a mental or emotional disorder.

(b) Using the title “speech-language pathologist," “audiologist" or any similar title unless the individual holds a current speech-language pathologist or audiologist license granted under s. 459.24 (2) or (3), Stats.

(c) Violating the conditions or limitations placed upon a license or permit by the board.

(d) Engaging in conduct likely to deceive, defraud, or harm an individual or the public in the course of the practice of speech-language pathology or audiology.

(e) Having a license, certificate, permit or registration issued by another jurisdiction to practice as a speech-language pathologist or audiologist limited, suspended or revoked.

(f) Aiding or abetting an unlicensed person, knowingly conspiring with an unlicensed person, or allowing one's license to be used by an unlicensed person to evade the use of a title prohibited under s. 459.24 (1) or (1m), Stats.

(g) Engaging in sexual intimacies in connection with the practice of speech-language pathology or audiology.

(h) Failing to fully inform persons served of the nature and possible adverse effects of services rendered and products dispensed.

(i) Failing to evaluate the effectiveness of services rendered or products dispensed.

(j) Providing services or dispensing products when benefits cannot reasonably be expected.

(k) Guaranteeing the results of any treatment or procedure, directly or by implication, except that a reasonable statement of prognosis may be made.

(L) Evaluating or treating speech, language, or hearing disorders except in a professional relationship.

(m) Treating solely by correspondence.

(n) Failing to maintain adequate records of professional services rendered and products dispensed for a period of 5 years.

Note: Speech-language pathologists and audiologists are also required to maintain patient health care records in accordance with ss. 146.81 to 146.84, Stats.

(o) Failing to provide access to records of professional services rendered and products dispensed when requested by the board or its representative in connection with an investigation of a complaint filed against the applicant, licensee or permittee.

(p) Failing to record all of the following information in each client record:

1. The name of the licensee.

2. The date of entry of pertinent information.

3. Information sufficiently legible to allow interpretation by other individuals for the benefit of the client.

(q) Misrepresenting diagnostic information, services rendered, or products dispensed or engaging in any scheme to defraud in connection with obtaining reimbursement.

(r) Using persons in research or as the subject of a teaching demonstration without obtaining their informed consent.

(s) Failing to practice speech-language pathology or audiology within the scope of the licensee's competence, education, training and experience.

(t) Delegating the provision of clinical services to an unlicensed individual for whom the licensee does not provide direct supervision.

(u) Delegating the provision of clinical services to a temporary licensee for whom the licensee does not provide supervision.

(v) Knowingly permitting any professional staff or unlicensed individual to provide clinical services that exceed that person's competence, education, training and experience.

(w) Failing to assign credit to persons who have contributed to clinical services, a publication, presentation or product in proportion to their contribution.

(x) Failed to perform cerumen management in a competent manner Violating any federal or state statute, rule or regulation that relates to the practice of speech-language pathology or audiology, as appropriate.

SECTION 16. HAS 7.02 is amended to read:

HAS 7.02 Licenses. Hearing instrument specialist licenses granted under ss. 459.05 and 459.06, Stats., expire on February 1 of each even-numbered odd-numbered year. Except as provided in s. 459.24 (6), Stats., speech-language pathologist and audiologist licenses granted under ss. 459.24 and 459.28, Stats., expire on February 1 of each odd-numbered year.

SECTION 17. HAS 7.03 (1) (d) is amended to read:

HAS 7.03 (1) (d) Certification Except as provided in par. (e), certification that the applicant has completed, within the 2 years immediately preceding the date of his or her application, 20 hours of continuing education programs or courses of study approved by the board.

SECTION 18. HAS 7.03 (1) (e) is created to read:

HAS 7.03 (1) (e) A new licensee is not required to report continuing education hours until the second renewal date following the initial grant of his or her license.

SECTION 19. HAS 7.03 (2) (c) is amended to read:

HAS 7.03 (2) (c) Certification Except as provided in par. (d), certification that the applicant has completed, within the 2 years immediately preceding the date of his or her application, 20 hours of continuing education programs or courses of study approved by the board, as provided under s. HAS 8.03.

SECTION 20. HAS 7.03 (2) (d) is created to read:

HAS 7.03 (2) (d) A new licensee is not required to report continuing education hours until the second renewal date following the initial grant of his or her license.

SECTION 21. HAS 8.03 (1) is amended to read:

HAS 8.03 Continuing education. (1) A licensee Except as provided in sub. (6), hearing instrument specialists, audiologists and speech-language pathologists shall complete at least 20 hours of board approved continuing education programs or courses of study which pertain to the practice of fitting and dealing in hearing instruments, audiology or speech-language pathology, as appropriate, in each biennial renewal period.

SECTION 22. HAS 8.03 (6) is created to read:

HAS 8.03 (6) A new licensee is not required to report continuing education hours until the second renewal date following the initial grant of his or her license.

SECTION 23. HAS 8.04 (1) is amended to read:

HAS 8.04 Approval of continuing education programs and courses of study. (1) Except as provided in subs. (6) and (7), to apply for approval of a continuing education program or course of study, a sponsor shall submit to the board office, at least 45 30 calendar days prior to the first date the program or course of study is offered, an application on forms provided by the board and shall include the name of the sponsor, the program or course title, general description and an outline of the program or course, the dates, the location, the name and qualifications of each instructor.

Notice is hereby given that pursuant to the authority granted under s. 601.41(3), Stats., and the procedures set forth in under s. 227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting Section Ins 3.09 (19), Wis. Adm. Code, relating to mortgage guaranty insurance.

Hearing Information

Date:   Monday, April 18, 2005

Time:   10:00 a.m., or as soon thereafter as the matter may be reached.

Place:   OCI, Room 223

  125 South Webster St 2nd Floor

  Madison, WI

Written comments or comments submitted through the Wisconsin Administrative Rule website at: https://adminrules.wisconsin.gov on the proposed rule will be considered. The deadline for submitting comments is 4:00 p.m. on the 7th day after the date for the hearing stated in this Notice of Hearing.

Written comments should be sent to:

Fred Nepple

Legal Unit - OCI Rule Comment for Rule Ins 3.09 (19)

Office of the Commissioner of Insurance

PO Box 7873

Madison WI 53707-7873

Sections 600.01, 601.42, 611.19 (1), 611.24, 618.21, 623.02, 623.03, 623.04, 623.11, 627.05, 628.34 (12), and ch. 617 Stats.

Sections 601.41 (3), 601.42, 611.19 (1), 618.21, 623.02, 623.04, 623.11, 627.05, 628.34 (12), and ch. 617, Stats.

The proposed rule modifies the current restriction on issuance of mortgage guaranty insurance to or for the benefit of affiliates, and is authorized as governing an unfair trade practice under s. 628.34 (12), Wis. Stats., and as addressing financial risk to the insurer governed by statutes allowing the commissioner to establish standards and reporting requirements, including ss. under 601.42, 611.19 (1), 618.21, 623.02, 623.04, 623.11, 627.05, and for affiliate transactions under ch. 617, Stats.

None

Under current rules a mortgage guaranty insurer may not directly or indirectly issue coverage for mortgages originated by an affiliate, unless the insurer is no more than 50% owned or controlled by the affiliate. The proposed rule would permit the insurer to issue coverage for mortgages originated by the affiliate but only subject to the same underwriting standards as are applied to non-affiliates. The proposed rule requires the insurer to annually file an officer's certification of compliance.

None

Iowa: None

Illinois: Section 50 ILAC 202.60 (e) of Illinois insurance regulations prohibits a mortgage insurer from covering loans originated by a lender if the lender or its affiliate owns an equity interest in the mortgage insurer.

Minnesota: None

Michigan: None

The proposed rule is based on the experience of the Office regulating and examining mortgage guaranty insurers, and the expertise of the financial analysts and examiners responsible for their regulation, including the application of the existing exception in s. Ins 3.09 (19) (c), Wis. Adm. Code.

The Office reviewed the annual financial reports of licensed mortgage guaranty insurers. There are no such insurers that are small businesses.

There is no significant fiscal effect on the private sector. The proposed rule will establish an exception from an existing prohibition. The limited reporting requirement included will not impose any significant cost beyond the existing reporting requirements.

This rule will have no effect on small businesses.

A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the WEB sites at: http://oci.wi.gov/ocirules.htm

or by contacting Inger Williams, OCI Services Section, at:

Phone:   (608) 264-8110

Email:   Inger.Williams@OCI.State.WI.US

Address:   125 South Webster St – 2nd Floor

  Madison WI 53702

Mail:   PO Box 7873, Madison WI 53707-7873

The deadline for submitting comments is 4:00 p.m. on the 7th day after the date for the hearing stated in the Notice of Hearing.

Mailing address:

Fred Nepple

Legal Unit - OCI Rule Comment for Rule Ins 3.09 (19)

Office of the Commissioner of Insurance

PO Box 7873

Madison WI 53707-7873

Street address:

Fred Nepple

Legal Unit - OCI Rule Comment for Rule Ins 3.09 (19)

Office of the Commissioner of Insurance

125 South Webster St – 2nd Floor

Madison WI 53702

WEB Site: http://oci.wi.gov/ocirules.htm

For a summary of the rule see the analysis contained in the attached proposed rulemaking order. There will be no state or local government fiscal effect. The full text of the proposed changes, a summary of the changes and the fiscal estimate are attached to this Notice of Hearing.

This rule does not impose any additional requirements on small businesses.

The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266- 7843 or at email address Eileen.Mallow@oci.state.wi.us

A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet WEB site at http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Services Section, OCI, at: Inger.Williams@OCI.State.WI.US, (608) 264-8110, 125 South Webster Street – 2nd Floor, Madison WI or PO Box 7873, Madison WI 53707-7873.