One time staff cost - $846

Mileage and equipment (including sign maintenance) - $500 - See PDF for diagram

The proposed rules and fiscal estimates may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed hunting and trapping regulations may be submitted via U.S. mail to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Written comments on the proposed fishing regulations may be submitted via U.S. mail to Mr. Joe Hennessy, Bureau of Fisheries Management, P.O. Box 7921, Madison, WI 53707. Written comments shall be postmarked not later than April 11, 2006. Written comments whether submitted electronically or by U.S. mail will NOT, however, be counted as spring hearing votes.

NOTICE IS HEREBY GIVEN that pursuant to ss. 299.11(3) to (5) and (7) to (9), Stats., interpreting s. 299.11, Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of ch. NR 149, Wis. Adm. Code, relating to laboratory certification and registration. Chapter NR 149 sets requirements for the certification and registration of laboratories that submit data to the department for covered programs. Since the last revision of ch. NR 149 in 1998, the Department realized the need for updating the rule to reflect current analytical practices, give specificity to vague language, provide needed flexibility, and promote efficient means of administering the certification and registration program. Highlights of the proposed changes include:

• Provisions for issuing laboratory certificates that clearly reflect the analytical capabilities of participating laboratories

• Clarifications and improvements of the application process for participating laboratories

• Equitable fee schedules for laboratories based on the complexity of the analyses they perform

• Allowances for incorporating national acceptance criteria for proficiency testing samples

• Procedures the Department will follow to evaluate laboratories on site

• Comprehensive requirements that incorporate a systematic approach to ensure the quality of the data submitted to the Department by laboratories

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Small commercial laboratories

b. Description of reporting and bookkeeping procedures required: The proposed rule requires laboratories to submit applications for obtaining, renewing and transferring certifications and registrations; analyze PT samples to obtain, maintain and renew certifications and registrations; allow the Department to perform an on-site evaluation to obtain certification or registration and every 3 years to maintain certification or registration; respond to and resolve deficiencies identified during on-site evaluations; submit fees to obtain and renew certifications and registrations; operate under a quality system to ensure data reported to the department is of known and documented quality; use approved methods of analyses; and report analytical data to the Department and clients in specified formats. The proposed rule does not impose specific bookkeeping requirements on participating laboratories

c. Description of professional skills required: The rule requires levels of professional skills commensurate with the complexity of the tests performed by a laboratory, the breadth of operations and the degree of sophistication of the analytical instrumentation used. Analyses covered by the rule are performed by personnel with a wide spectrum of credentials, from technicians with a basic high school science education to degreed chemists, biologists and other scientists. The rule allows analysts with lesser experience to work under the direct supervision of qualified analysts. The rule does not specifically require academic degrees or a minimum number of years of experience for those involved in its implementation.

The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

March 23, 2006 Thursday at 1:00 p.m.	DNR Service Center 1300 W. Clairemont Avenue Eau Claire
March 28, 2006 Tuesday at 1:00 p.m.	Downstairs Room State Patrol Office 2805 Martin Avenue Wausau
March 29, 2006 Wednesday at 1:00 p.m.	Room 213 Lindholm School Administration Bldg. 222 Maple Avenue Waukesha
March 30, 2006 Thursday at 1:00 p.m.	Ag Extension Service Center 1150 Bellevue Street Green Bay
April 6, 2006 Thursday at 1:00 p.m.	Prairie Room DNR Service Center 1500 N. Johns Street Dodgeville

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Diane Drinkman at (608) 264-8950 with specific information on your request at least 10 days before the date of the scheduled hearing.

There is a potential fiscal impact on local governments.

The overall costs for maintaining a laboratory's quality system will be driven by the selection of the options offered in this proposed rule. Local government laboratories are most likely to experience a reduction in these costs if they choose to modify current practices.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Ms. Diane Drinkman, Bureau of Integrated Science Services, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until April 14, 2006. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Drinkman.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Nursing Home Administrator Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 456.07 (2), Stats., the Nursing Home Administrator Examining Board will hold a public hearing at the time and place indicated below to consider an order to renumber and amend NHA 1.02 (5); to amend the Note following NHA 3.01 (1), NHA 3.02 (1), (1m) and the Note following NHA 3.02 (1m), NHA 3.03 (1) (intro.), the Note following NHA 3.03 (1) (c), and (2); and to create NHA 3.02 (6) and (7), and 3.03 (5), relating to continuing education.

Date:   March 16, 2006

Time:   9:45 A.M.

Location:   1400 East Washington Avenue
  Room 121A
  (Enter at 55 Dickinson Street)
  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, WI 53708, or by e-mail to pamela.haack@drl.state.wi.us. Written comments must be received by March 27, 2006 to be included in the record of rule-making proceedings.

Statute interpreted: Section 456.07 (2), Stats.

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

The Nursing Home Administrator Examining Board is authorized under ss. 15.08 (5) (b) and 227.11 (2), Stats., to promulgate rules establishing the continuing education requirements for the renewal of a nursing home administrator's license.

There are no other statutes or rules other than those listed above.

Under the current rules, in order for a licensee to obtain credit for continuing education course work completed at an accredited college or university, the course work must be approved by the National Association of Boards of Examiners of Long Term Care Administrators (NAB). The board proposes to revise the rules to state that certain programs offered by accredited colleges and universities will be acceptable for continuing education hours without having to be approved by NAB.

The board also proposes to limit the number of continuing education hours that may be claimed for course work completed at accredited colleges and universities to 18 contact hours within the 2-year renewal period immediately preceding the date of renewal. In addition, the subject matter of the programs will be limited to specific areas that are relevant to the practice of nursing home administration.

SECTION 1. The board proposes to revise the definition of “one credit hour" to clarify that the current definition relates only to qualifying education. For purposes of continuing education, a semester credit hour means 4 contact hours and a quarter credit hour means 2 contact hours.

SECTION 2. Section NHA 3.01 (1) is amended to state that the list of approved regular courses of study, programs of study and specialized courses are also available on the department's website.

SECTION 3. Currently, s. NHA 3.02 (1) states that every nursing home administrator shall complete at least 24 contact hours in approved continuing education programs in each biennial renewal period. Section 456.07 (2), Stats., contains a provision that exempts new licensees from having to comply with the continuing education requirements during the time between initial licensure and commencement of a full 2-year licensure period. The proposed rules are being revised to include this exemption.

In addition, s. NHA 3.02 (1m) currently states that except as provided in s. NHA 3.03 (4), continuing education programs must be approved by NAB. The rule is being amended to add sub. (5) which states that a course offered by an accredited college or university shall be accepted by the board, without NAB approval and without receipt of an application for approval from the accredited college or university.

SECTION 4. Section NHA 3.02 (6) is being created to state that, if certain requirements are satisfied, a licensee may claim continuing education for courses successfully completed at an accredited college or university. Currently, s. NHA 3.02 (1), states that every nursing home administrator shall complete at least 24 contact hours in approved continuing education programs in each biennial renewal period. Section 456.07 (2), Stats., contains a provision that exempts new licensees from having to comply with the continuing education requirements during the time between initial licensure and commencement of a full 2-year licensure period. Section NHA 3.02 (7) is being created to state that new licensees are exempt from having to comply with the continuing education requirements during the time between initial licensure and commencement of a full 2-year licensure period.

SECTION 5. Section NHA 3.03 (1) (intro.) is being amended to state that, if certain requirements are satisfied, a program approved by NAB shall be accepted.

SECTION 6. Section NHA 3.03 (5) is being created to state that, if certain requirements are satisfied, a course offered by an accredited college or university shall be accepted by the board, without NAB approval and without receipt of an application for approval from the accredited college or university.

There are no federal requirements that relate to the approval of continuing education programs for nursing home administrators.

Illinois: Accepts course work completed at a college or university, provided the college or university submits a sponsor application.

Iowa: Accepts relevant academic courses that meet the criteria set forth in the agency's administrative rules. One academic semester hour is equivalent to 15 continuing education hours.

Michigan: Accepts course work completed at a college or university for continuing education credit if the subject matter relates to specific topics identified in the agency's administrative rules.

Minnesota: Approves academic courses taken at an accredited post-secondary institution.

No study resulting in the collection of factual data was used relating to this rule. The primary methodology for revising the rule is the board's analysis and determination that a rule change is necessary.

The proposed rule would change the specific subject matter area requirements for continuing education for nursing home administrators licensed in Wisconsin. There are 3,124 nursing home administrators licensed in Wisconsin. Of the 3,124 nursing home administrators licensed in Wisconsin, a significant percentage of them probably work in small businesses.

In order for nursing home administrators to renew their license, continuing education courses would have to be completed. Currently, to obtain credit for course work taken at a college or university, the course work must be approved by the National Association of Boards of Examiners of Long Term Care Administrators (NAB). The rule would allow certain course work offered at a college or university to be accepted for continuing education without obtaining approval from NAB. The rule would also limit the course work taken at colleges or universities to 18 of the 24 hours required. There will be no additional reporting requirements, bookkeeping requirements, or compliance costs. This rule would merely allow certain courses to be taken without obtaining approval from NAB. The same 24 hour requirement would be in place. This rule change will not have an effect on small business.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

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 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 March 27, 2006 to be included in the record of rule-making proceedings.

SECTION 1. NHA 1.02 (5) is renumbered NHA 1.02 (1m) and is amended to read:

NHA 1.02 (1m) “One credit hour" “ Credit hour" means, for purposes of qualifying education, a period of at least 50 minutes of instruction for a term of not less than 16 sessions. For purposes of continuing education, one earned semester credit hour shall be granted 4 contact hours of continuing education credit, and one earned quarter credit hour shall be granted 2 contact hours of continuing education credit.

SECTION 2. The Note following NHA 3.01 (1) is amended to read:

Note: A list of approved regular courses of study, programs of study and specialized courses is available upon request to the board office at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 or from the Department of Regulation and Licensing's website at: http://drl.wi.gov

SECTION 3. NHA 3.02 (1), (1m) and the Note following NHA 3.02 (1m) are amended to read:

NHA 3.02 Continuing education. (1) Every Except as provided in sub. (7), every nursing home administrator shall complete at least 24 contact hours in approved continuing education programs in each biennial renewal period..

(1m) Except as provided in s. NHA 3.03 (4) and (5), continuing education programs must be approved by NAB.

Note: A list of approved programs is available upon request to the board office at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 or from the Department of Regulation and Licensing's website at: http://drl.wi.gov.

SECTION 4. NHA 3.02 (6) and (7) are created to read:

NHA 3.02 (6) A licensee may claim continuing education hours for courses successfully completed at an accredited college or university if all of the following requirements are satisfied:

(a) The courses are relevant to the practice of nursing home administration and cover one or more of the subject matter topics listed under s. NHA 3.03 (5).

(b) The courses are completed, with a passing grade, within the 2-year renewal period immediately preceding the date of application for renewal.

(c) The licensee claims no more than 18 contact hours during the 2-year renewal period.