NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Barbering and Cosmetology Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting ss. 454.02, 454.04, 454.06, 454.08 and 454.13, Stats., the Barbering and Cosmetology Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal ss. BC 1.01 (1m) and 4.09 (3m); to renumber ss. BC 1.01 (6h), (6r), (11) and (11m); to renumber and amend BC 2.025 (2) (c), 4.08 (intro.), (1), (2) and (3), 6.04 (1) and 8.01; to amend BC 1.01 (3), (3r) and (8), 2.025 (2) (b) and (3), 2.06 (5), 2.07 (1g), 3.01 (7), 3.02 (1) (a) to (c), 3.06 (2), 4.01 (2), 4.02 (1), 4.03 (2), 4.06 (3), 4.07 (intro.) and (2), Figure 5.02, Figure 5.06, Figure 6.03 (1), Figure 6.04 (3), ch. BC 8 (title) and 9.02; and to create BC 1.01 (6s), (7m), (9), (11n), (11r), (11w) and (13t), 2.025 (2) (c) 1. and 2., (2m) and (6), 4.01 (8), 4.08 (1) and (2), 6.04 (1) (b) and 8.01, relating to definitions, microdermabrasion, chemical skin peels, managers, ear piercing, waxing, nail enhancement, licensing requirements and reinstatement of license.

Hearing Date, Time and Location

Date:   February 6, 2006

Time:   9:45 a.m.

Location:   1400 East Washington Avenue

  (Enter at 55 North Dickinson Street)

  Rooms 121A & B

  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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 20, 2006, to be included in the record of rule-making proceedings.

Statutes interpreted: Sections 454.02, 454.04, 454.06, 454.08 and 454.13, Stats.

Statutory authority: Sections 15.08 (5) (b) and 227.11 (2), Stats.

Explanation of agency authority: The Barbering and Cosmetology Examining Board has the authority to promulgate rules under sections 15.08 (5) (b) and 227.11 (2), Stats., relating to limitations and exceptions, practice, licensure, establishment licenses, and licensees of other jurisdictions.

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

Plain language analysis: This proposed rule-making order encompasses several changes. A number of the changes are definitions and technical changes to make the rules easier to read and understand (Sections 1, 2, 3, 4, 8, 19, 25, 26, 28, 30, 31, 32 and 33). A significant revision is allowing microdermabrasion to be practiced, in specific circumstances, without the supervision of a physician (Sections 11, 12, 13, 14 and 16). This proposed rule-making order also modifies the rules regarding managers, their responsibilities and the amount of supervision they must provide (Sections 17, 18, 20, 34, 35 and 36). This proposed rule-making order also clarifies some language regarding sanitation procedures providing additional guidance to the practitioners. And, finally, the proposed rule-making order also clarifies licensing requirements that were previously ambiguous.

SECTION 1 repeals the definition of artificial nails which is now subsumed by the addition in s. BC 1.01 (11w), definition of “nail enhancement."

SECTION 2 modifies the definitions of “contagious" and “cutting" to more accurately reflect the meaning.

SECTION 3 moves language to a more appropriate location.

SECTION 4 adds a definition of “exfoliation."

SECTION 5 adds a definition of general supervision to provide guidance to the licensee and the physician who wish to collaborate in the providing of certain services.

SECTION 6 clarifies the definition of “infectious" to show that contact is not a necessary element to the spread of infectious disease.

SECTION 7 provides a definition of “laser" necessary to understand the restrictions on laser hair removal services.

SECTION 8 changes the placement of definitions to a more appropriate location.

SECTION 9 adds new definitions of “mechanical exfoliation," “microdermabrasion" and “nail enhancement."

SECTION 10 adds a new definition of “physician."

SECTION 11 creates an exception to the requirement of medical supervision of microdermabrasion services.

SECTIONS 12 and 13 clarify that some commercially available exfoliation products can be administered without medical supervision.

SECTION 14 creates and identifies the circumstances that must exist to allow microdermabrasion services in absence of medical supervision. The requirements include appropriate training, restrictions on the type of machine allowed, and a requirement for a pretreatment screening of the client to determine suitability for the procedure. This SECTION also mandates a written consent from the client after disclosure of known risks.

SECTION 15 imposes a requirement of parenteral or guardian consent for laser hair removal services on minors.

SECTION 16 imposes a requirement that in licensed establishments where laser hair removal, microdermabrasion or chemical skin peels are performed as a delegated medical act, information on the delegating physician must be conspicuously posted.

SECTION 17 allows for supervision of apprentices and temporary permittees by a licensee with substantial experience.

SECTION 18 sets the minimum level of experience necessary for a practitioner other than a manger to be able to supervise apprentices at 2,000 hours and requires a written designation of that responsibility.

SECTIONS 19 and 26 clarify that the proper cleaning of linens includes use of a germicide.

SECTION 20 amends the rules to clarify that chain salons need to have full time managers for each salon and recognizes that a manager may be absent for brief periods of time during a day.

SECTION 21 deletes the requirement that a floor plan be submitted to the department when a leased chair or booth is relocated but maintains the requirement of notice to the department of that relocation.

SECTION 22 clarifies that waterless hand washing agents must meet certain standards and may only be used as a substitute for washing with soap and water when the hands are not visibly soiled.

SECTION 23 provides guidance on the appropriate use of lancets for lateral piercing of whiteheads.

SECTION 24 notes that the rules regarding disinfecting tweezers used in electrolysis are different than for general cosmetology.

SECTION 25 adds a requirement that proper maintenance of sterilizers includes following manufacturers recommendations regarding maintenance procedures.

SECTION 27 acknowledges that ear piercing may be performed by licensees and allows use of waterless alcohol base washing agents as a substitute for soap and water.

SECTION 28 clarifies that use of a topical antiseptic is required before performing a waxing procedure.

SECTION 29 establishes waxing as part of the scope of practice for properly trained electrologists and manicurists. This SECTION establishes the training standards for those licensees seeking to provide waxing services.

SECTION 30 eliminates language that is redundant as a result of the adoption of SECTION 23 above.

SECTIONS 31, 32 and 33 modify the training standards to reflect the addition of the concept of nail enhancements as a practice skill.

SECTION 34 eliminates a restriction that apprentices work only under the supervision of a manager making the language consistent with SECTION 18, which allows supervision by a properly designated practitioner with at least 2,000 hours of experience.

SECTION 35 adds a provision for temporary absence of a manager and allowing temporary supervision of apprentices by a qualified and designated practitioner.

SECTION 36 modifies the training standards for apprentices to acknowledge nail enhancements as a practice skill.

SECTION 37 modifies the title of the chapter to recognize that the chapter deals with all licenses and eliminates language suggesting the chapter only addresses licensees from other jurisdictions.

SECTION 38 clarifies the title of the chapter to show that it addresses license applications for which an examination is not needed and relocates the SECTION to a more appropriate location.

SECTION 39 repeats the basic statutory licensing requirements in a rule.

SECTION 40 creates a provision for renewal of licensure by licensees who are currently practicing out of state.

The federal government does not regulate barbers and cosmetologists, and a search of the United States Code Services (USCS) and the Code of Federal Regulations (CFR) returned no entries for microdermabrasion, chemical peels, waxing, managers, artificial nails, or nail technology for barbers or cosmetologists.

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

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

These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us, or by calling (608) 266-8608.

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email: pamela.haack@drl.state.wi.us.

Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at pamela.haack@drl.state.wi.us. Comments must be received on or before February 20, 2006 to be included in the record of rule-making proceedings.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss. 15.08 (5) (b), 227.11 (2), 457.03 (1) and 457.22 (1) (a), Stats., and interpreting s. 457.08, Stats., the Social Worker Section of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to create repeal s. MPSW 8.03 (2) (f); to amend ss. MPSW 8.02 (1) and 8.03 (2) (e); and to create s. MPSW 8.03 (1m) (d) to (f), relating to continuing education credits for social workers.

Date:   February 1, 2006

Time:   9:15 a.m.

Location:   1400 East Washington Avenue

  (Enter at 55 North Dickinson Street)

  Room 121A

  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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 13, 2006, to be included in the record of rule-making proceedings.

Statutes interpreted: Section 457.08, Stats.

Statutory authority: Sections 15.08 (5) (b), 227.11 (2), 457.03 (1) and 457.22 (1) (a), Stats.

Explanation of agency authority: Chapter MPSW 8 sets forth the requirements for obtaining continuing education for social workers. Each biennium social workers are required to obtain a minimum of 30 continuing education credits, which may be taken in different subject areas, provided the coursework is sponsored by acceptable organizations or entities. Additionally, credit limitations exist, depending on the particular type of continuing education program or presentation. This amendment is intended to expand the scope of acceptable continuing education organizations, including, for instance, the American Medical Association, the American Psychological Association, and the American Osteopathic Organization. It also permits credit for continuing education programs that are recognized by the Professional Counseling Section and by the Marriage and Family Therapist Section. This amendment also modifies the credits one can obtain for interactive internet courses and self-study courses, limiting the combined total to 21 credits, with maximums of 10 credits for self-study courses and 16 credits for internet courses. However, self-study courses are not permitted to be used for satisfying the social work ethics requirement.

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

Plain language analysis: Under existing rules for continuing education programs, there is a lack of uniformity among the Marriage and Family Therapists, Professional Counselors and Social Worker Sections with respect to continuing education, including the criteria and acceptance of various programs. Current rules do not allow credential holders access to continuing education courses offered to marriage and family therapists or professional counselors. Additionally, credential holders may not receive continuing education credit for teaching, publishing or presenting. Finally, under current rules, credential holders are not able to take courses approved or sponsored by the American Psychology Association.

The modification to this rule will permit continuing education credits to be granted for additional items, including, but not limited to, teaching academic courses, publishing professional books, and presenting at national conferences, all of which may require substantial preparation and/or research related to the knowledge and practice of social work. Additionally, this modification will permit continuing education credit to be granted to those credential holders who take courses approved by the Marriage and Family Therapists Section or by the Professional Counselors Section. Finally, the proposed rule will allow credential holders to take courses approved or sponsored by the American Psychology Association. Access to these courses will provide a substantial benefit to the practice of social work.

SECTION 1 amends MPSW 8.02 (1) by changing the credentialing period date from July 1 to March 1 pursuant to s. 457.20 (2), Stats.

SECTION 2 creates MPSW 8.03 (1m) (d) to (f) and provides that any continuing education program approved, sponsored or co-sponsored by a presenter approved by the committee for the approval of continuing education sponsors of the American Psychological Association is acceptable. It further provides that any educational programs recognized as approved at the time of attendance as “Category I" continuing education programs by the Council on Medical Education of the American Medical Association or the American Osteopathic Association are acceptable. Finally, it provides that any educational programs recognized by the Marriage and Family Therapist Section and the Professional Counselor Section are acceptable.

SECTION 3 amends MPSW 8.03 (2) (e) by providing interactive internet learning courses offered by an accredited university or preapproved by the ASWB: 1 CEH per .1 CEU of instruction, or self-study courses approved by accredited college or university schools of social work, local or national professional social work organizations, or the association of social work boards, 1 CEH per credit completed, but no more than 21 total CEHs for interactive internet courses and self-study courses will be accepted in any 2 year credentialing period with a maximum of 10 CEHs for self-study courses and a maximum of 16 CEHs for internet courses. Self-study courses shall not be used to satisfy the social work ethics requirement.

SECTION 4 repeals MPSW 8.03 (2) (f).

The Department of Regulation and Licensing will incur the equivalent of $1,913 costs in staff time to audit the continuing education requirements.

The department finds 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), Stats. The Department's Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us, or by calling (608) 266-8608.

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, 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 Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935.

Email: pamela.haack@drl.state.wi.us. Comments must be received on or before February 13, 2006, to be included in the record of rule-making proceedings.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss. 15.08 (5) (b), 227.11 (2), 457.03 (1) and 457.22 (1) (c), Stats., and interpreting s. 457.22 (1) (c), Stats., the Professional Counselor Section of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to create ss. MPSW 14.03 (4m) and 14.04 (6) to (9), relating to continuing education credits for professional counselors.

Date:   January 31, 2006

Time:   1:15 p.m.

Location:   1400 East Washington Avenue

  (Enter at 55 North Dickinson Street)

  Room 121A

  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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 10, 2006, to be included in the record of rule-making proceedings.

Statutes interpreted: Section 457.22 (1) (c), Stats.

Statutory authority: Sections 15.08 (5) (b), 227.11 (2), 457.03 (1) and 457.22 (1) (c) Stats.

Chapter MPSW 14 sets forth the requirements for obtaining continuing education for professional counselors. Each biennium professional counselors are required to obtain a minimum of 30 continuing education credits, provided the coursework is sponsored by acceptable organizations or entities. However, there is no specific requirement as to what type or category of continuing education they must take. This amendment would require licensees to have a minimum of 15 credits in certain categories and would further require that at least 4 of those 15 credits be in the subject of professional counseling therapy ethics and boundaries. In addition, this amendment expands the scope of acceptable continuing education organizations, including, for instance, the American Medical Association, the American Psychological Association, and the American Osteopathic Organization. It also permits credit for continuing education programs that are recognized by the Marriage and Family Therapist Section and the Social Worker Section. Furthermore, it increases the type of credits that will be given for continuing education including, for instance, formal presentations at professional seminars, educational sessions at state and national conferences, interactive internet courses, and authorship in various publications.

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

Plain language analysis: Under the existing rules for continuing education programs, there is a lack of uniformity among the Marriage and Family Therapists Section, the Professional Counselors Section, and the Social Worker Section, with respect to continuing education, including the criteria and acceptance of various programs. Current rules do not allow credential holders access to continuing education courses offered to marriage and family therapists or social workers. Additionally, credential holders may not receive continuing education credit for teaching, publishing or presenting. Finally, under current rules, credential holders are not able to take courses approved or sponsored by the American Psychology Association.

This proposed rule-making order will permit continuing education credits to be granted for additional items, including but not limited to, teaching academic courses, publishing professional books, and presenting at national conferences, all of which may require substantial preparation and/or research related to the knowledge and practice of professional counseling. Additionally, this amendment will permit continuing education credit to be granted to those credential holders who take courses approved by the Marriage and Family Therapist Section and the Social Worker Section. And, the proposed rule will allow credential holders to take courses approved or sponsored by the American Psychology Association. Access to these courses will provide a substantial benefit to the practice of professional counseling.

SECTION 1 creates s. MPSW 14.03 (4m) which requires licensees to take a minimum of 15 credits in approved professional counseling continuing education programs and other educational activities. Four of the 15 credits shall be in the subject area of professional counseling ethics and boundaries.

SECTION 2 creates s. MPSW 14.04 (6) to (9) to provide that any continuing education program approved, sponsored or co-sponsored by a presenter approved by the Committee for the Approval of Continuing Education Sponsors of the American Psychological Association will be acceptable. It also provides that any educational programs recognized as approved at the time of attendance as “Category I" continuing medical education programs by the Council on Medical Education of the American Medical Association or the American Osteopathic Association is acceptable. Additionally, any educational programs recognized by the Social Worker Section and the Marriage and Family Therapist Section are acceptable. Finally, if approved or recognized by one of the approved providers, credit will also be granted for the following: Formal presentations of relevant professional material at seminars, workshops, programs or institutes, which may include formal presentation and directed discussion of videotaped material: 2 CEHs per hour of continuing education for presenters, but no additional CEHs shall be granted for subsequent presentations of the same material; University, college or vocational technical adult education courses, which may include formal presentation and directed discussion of videotaped instruction: 20 CEHs per semester hour or 13.2 CEHs per quarter hour for instructors, but no additional CEHs shall be granted for subsequent presentations of the same material; Educational sessions at state and national conferences: 2 CEHs per hour of continuing education for presenters, but no additional CEHs shall be granted for subsequent presentations of the same material; Educational telephone network (ETN) courses: 2 CEHs per hour of continuing education for presenters, but no additional CEHs shall be granted for subsequent presentations of the same material; Interactive internet courses: 2 CEHs per hour of continuing education for instructors, but no additional CEHs shall be granted for subsequent presentations of the same material; Authorship of a published chapter in a textbook or professional recourse book, or a professional journal article: 8 CEHs; Development of alternative media, computer software, videotapes, or audiotapes: 8 CEHs.

Summary of factual data and analytical methodologies: The Professional Counselor Section, in accordance with the Marriage and Family Therapist Section as well as the Social Worker Section are amending their rules based on the sections' collective experience and understanding that continuing education available to one section may be of professional benefit to the other sections.

The Department of Regulation and Licensing will incur the equivalent of $1,913 costs in staff time to audit the continuing education requirements.

The department finds 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), Stats. The Department's Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us, or by calling (608) 266-8608.

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email: pamela.haack@drl.state.wi.us.

Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Email pamela.haack@drl.state.wi.us. Comments must be received on or before February 10, 2006, to be included in the record of rule-making proceedings.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss. 15.08 (5) (b), 227.11 (2), 457.03 (1) and 457.22 (1) (b), Stats., and interpreting ss. 457.10 (3), 457.11 and 457.14, Stats., the Marriage and Family Therapist Section of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. MPSW 19.02 (4); and to create ss. MPSW 19.01 (4m) and 19.02 (5), (6), (7), (8) (intro.) and (a) to (g), relating to continuing education credits for marriage and family therapists.

Date:   January 30, 2006

Time:   9:15 a.m.

Location:   1400 East Washington Avenue

  (Enter at 55 North Dickinson Street)

  Room 121A

  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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 10, 2006, to be included in the record of rule-making proceedings.

Statutes interpreted: Sections 457.10 (3), 457.11 and 457.14, Stats.

Statutory authority: Sections 15.08 (5) (b), 227.11 (2), 457.03 (1) and 457.22 (1) (b), Stats.

Explanation of agency authority: Chapter MPSW 19 sets forth the requirements for obtaining continuing education for marriage and family therapists. Each biennium marriage and family therapists are required to obtain a minimum of 30 continuing education credits, provided the coursework is sponsored by acceptable organizations or entities. However, there is no specific requirement as to what type or category of continuing education they must take. This proposed rule-making would require licensees to have a minimum of 15 credits in certain categories and would further require that at least 4 of those 15 credits be in the subject of marriage and family therapy ethics and boundaries. In addition, this amendment expands the scope of acceptable continuing education organizations, including, for instance, the American Medical Association, the American Psychological Association, and the American Osteopathic Organization. It also permits credit for continuing education programs that are recognized by the Professional Counselor Section and by the Social Worker Section. Furthermore, it increases the type of credits that will be given for continuing education including, for instance, formal presentations at professional seminars, educational sessions at state and national conferences, interactive internet courses, and authorship in various publications.

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

Plain language analysis: Under existing rules for continuing education programs, there is a lack of uniformity among the Marriage and Family Therapists, Professional Counselors and Social Worker Sections with respect to continuing education, including the criteria and acceptance of various programs. Current rules do not allow credential holders access to continuing education courses offered to social workers or professional counselors. Additionally, credential holders may not receive continuing education credit for teaching, publishing or presenting. Finally, under current rules, credential holders are not able to take courses approved or sponsored by the American Psychology Association.

The modification to this rule will permit continuing education credits to be granted for additional items, including, but not limited to, teaching academic courses, publishing professional books, and presenting at national conferences, all of which may require substantial preparation and/or research related to the knowledge and practice of marriage and family therapy. Additionally, this modification will permit continuing education credit to be granted to those credential holders who take courses approved by the Social Worker Section or by the Professional Counselors Section. Finally, the proposed rule will allow credential holders to take courses approved or sponsored by the American Psychology Association. Access to these courses will provide a substantial benefit to the practice of marriage and family therapy.

SECTION 1 creates MPSW 19.01 (4m) which requires licensees to take a minimum of 15 credits in approved marriage and family therapy continuing education programs and other educational activities. Four of those 15 credits must be in the subject area of marriage and family therapy ethics and boundaries.

SECTION 2 amends MPSW 19.02 (4) by requiring that any course or continuing education programs offered by an accredited college or university be related to the clinical practice of marriage and family therapy.

SECTION 3 creates MPSW 19.02 (5) to (8) (intro.) and (a) to (g) and provides that any continuing education program approved, sponsored or co-sponsored by a presenter approved by the Committee for the Approval of Continuing Education Sponsors of the American Psychological Association will be accepted. It also provides that any educational programs recognized as approved at the time of attendance as “Category I" continuing medical education programs by the Council on Medical Education of the American Medical Association or the American Osteopathic Association is acceptable. Additionally, any educational programs recognized by the Social Worker Section and the Professional Counselor Section are acceptable. Finally, if approved or recognized by one of the approved providers, credit will also be granted for the following: Formal presentations of relevant professional material at seminars, workshops, programs or institutes, which may include formal presentation and directed discussion of videotaped material: 2 CEHs per hour of continuing education for presenters, but no additional CEHs shall be granted for subsequent presentations of the same material; University, college or vocational technical adult education courses, which may include formal presentation and directed discussion of videotaped instruction; 20 CEHs per semester hour or 13.2 CEHs per quarter hour for instructors, but no additional CEHs shall be granted for subsequent presentations of the same material; Educational sessions at state and national conferences: 2 CEHs per hour of continuing education for presenters, but no additional CEHs shall be granted for subsequent presentations of the same material; Educational telephone network (ETN) courses: 2 CEHs per hour of continuing education for presenters, but no additional CEHs shall be granted for subsequent presentations of the same material; interactive internet courses: 2 CEHs per hour of continuing education for instructors, but no additional CEHs shall be granted for subsequent presentations of the same material; Authorship of a published chapter in a textbook or professional resource book, or a professional journal: 8 CEHs; Development of alternative media, computer software, videotapes, or audiotapes: 8 CEHs.

Summary of factual data and analytical methodologies: The Marriage and Family Therapist Section, in accordance with the Social Worker Section as well as the Professional Counselor Section, are amending their rules based on the sections' collective experience and understanding that continuing education available to one section may be of professional benefit to the other sections.

The Department of Regulation and Licensing will incur the equivalent of $1,913 costs in staff time to audit the continuing education requirements.

The department finds 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), Stats. The Department's Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us, or by calling (608) 266-8608.

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, 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 Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Email pamela.haack@drl.state.wi.us. Comments must be received on or before February 10, 2006 to be included in the record of rule-making proceedings.

NOTICE IS HEREBY GIVEN thatpursuant to authority vested in the Board of Nursing in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting ss. 441.04 and 441.10, Stats., the Board of Nursing will hold a public hearing at the time and place indicated below to consider an order to repeal s. N 2.06 (4) (b), (c) and (d); to renumber s. N 2.06 (4) (a); to amend ss. N 2.03 (1) (c) and (2) (c), 2.04 (2) and (6) and 2.06 (1) (b); and to create s. N 3.04 (1m), relating to qualifications for examination and application procedures, temporary permits and refresher courses.

Date:   January 26, 2006

Time:   9:15 a.m.

Location:   1400 East Washington Avenue

  (Enter at 55 North Dickinson Street)

  Room 121A

  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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 6, 2006, to be included in the record of rule-making proceedings.

Statute interpreted: Sections 441.04 and 441.10, Stats.

Statutory authority: Sections 15.08 (5) (b) and 227.11 (2), Stats.

Explanation of agency authority: The Board of Nursing has the authority under ss. 441.04 and 441.10, Stats., to establish the prerequisites for examination of registered nurses and licensed practical nurses, including the professional educational qualifications of those applicants who have graduated from nursing schools located outside of this state.

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

Plain language analysis: The proposed revision to s. N 2.03 (1) (c) eliminates the requirement that a graduate of a school of nursing other than a board-approved school, complete a board-approved qualifying examination prior to admission to the NCLEX examination. This rule primarily affects foreign graduates are required under the existing rule to take and pass the Commission on Graduates of Foreign Nursing Schools (CGFNS) Qualifying Examination. The rule revision allows foreign graduate nurse applicants to submit verification from the Credentials Evaluation Service (CES) of the Commission of Graduates of Foreign Nursing Schools (CGFNS), as proof of the equivalence of their nursing coursework prior to admission to NCLEX, instead of taking the qualifying examination. Under the proposed rule revision, passage of the qualifying examination will not be a mandatory requirement for licensure; however, an applicant may take the examination voluntarily. Studies have shown that the value of the qualifying examination as a predictor of successful passage of the NCLEX does not outweigh the additional cost and potential barrier resulting from the imposition of this as a prerequisite for taking the NCLEX. Foreign graduates are not restricted as to the number of attempts or scheduled NCLEX reexaminations which are taken.

The proposed revision of s. N 2.04 (2) and (6) inserts the reference to schools of practical nursing because the CGFNS coursework evaluation service was previously only available for schools of professional nursing. This rule primarily affects foreign graduate registered nurses. The CGFNS service has been expanded to include schools of practical nursing.

The proposed revision of s. N 2.06 (1) (b) limits the time period for renewal of the temporary permit which is issued to graduate nurses who are eligible to take NCLEX. Currently, an applicant is allowed to work as a nurse under a temporary permit for up to nine months, with renewals, if they have scheduled to take the NCLEX. Under the proposed revision, the permit will be limited to a period of three months or until the holder receives failing examination results with no option to renew for successive periods. The need for renewal of the temporary permit has been obviated by the increased availability of the examination; the NCLEX is administered as a computer-based examination at multiple sites seven days per week as compared to the former periodic administration of the examination, which resulted in an applicant having to wait for a period of time to take or retake the examination.

The proposed revision to s. N 3.04 (1m) requires that an applicant for a license by endorsement who has not actively practiced as a nurse within five years must complete a board-approved nursing refresher course. A limited license will be issued to any such endorsement applicant for the purpose of completing the course. Upon successful completion of the refresher course, the applicant may petition the board for full licensure. This provision is similar to the existing requirement for renewal of a Wisconsin nursing license if the credential holder has not actively practiced as a nurse within five years after its renewal date under s. N 5.08 (2) (b).

Summary of factual data and analytical methodologies: The comparison information with the rules in adjacent states was obtained directly from contact with those states and a review of those state rules. The rule revisions were based upon a collection of information from various sources, including informational literature, studies, recommendations and departmental and board member reports. The comparison to the adjacent states demonstrates that the revisions are substantially consistent with the rules in those states.

Anticipated costs incurred by private sector: The Department of Regulation and Licensing has determined that this rule change will have no significant fiscal effect on the private sector.

These rule changes will have no impact on funds of the Department of Regulation and Licensing.

These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us.or by calling (608) 266-8608.

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, 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 Pamela Haack at the Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 89235, Madison, Wisconsin 53708-8935. Email to pamela.haack@drl.state.wi.us. Comments must be received on or before February 6, 2006, to be included in the record of rule-making proceedings.