(a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:

1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.

2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.

3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.

Section 254.34 (1) (a) and (b), Stats., reads: (1) The department is the state radiation control agency and shall do all of the following:

(a) Promulgate and enforce rules, including registration and licensing of sources of ionizing radiation, as may be necessary to prohibit and prevent unnecessary radiation exposure. The rules may incorporate by reference the recommended standards of nationally recognized bodies in the field of radiation protection and other fields of atomic energy, under the procedure established by s. 227.21 (2). The rules for by-product material, source material and special nuclear material shall be in accordance with the requirements of 42 USC 2021 (o) and shall otherwise be compatible with the requirements under 42 USC 2011 to 2114 and regulations adopted under 42 USC 2011 to 2114.

(b) Administer this subchapter and the rules promulgated under this subchapter.

Section 254.33, Stats., reads: Since radiations and their sources can be instrumental in the improvement of the health and welfare of the public if properly utilized, and may be destructive or detrimental to life or health if carelessly or excessively employed or may detrimentally affect the environment of the state if improperly utilized, it is hereby declared to be the public policy of this state to encourage the constructive uses of radiation and to prohibit and prevent exposure to radiation in amounts which are or may be detrimental to health. It is further the policy for the department to advise, consult and cooperate with other agencies of the state, the federal government, other states and interstate agencies and with affected groups, political subdivisions, and industries; and, in general, to conform as nearly as possible to nationally accepted standards in the promulgation and enforcement of rules.

Section 254.365 (4), Stats., reads: (4) The department shall promulgate rules for all of the following:

(a) The issuance, modification, suspension, termination and revocation of specific licenses under sub. (1) (a) under the standards specified in s. 254.34 (1) (a).

(b) The requirements for a general license under sub. (1) (b).

Section 254.37 (3), Stats., reads: The department shall promulgate and enforce the rules pertaining to ionizing radiation.

The department will require approximately 250 hours of staff time to develop the rule. The department will form an ad hoc advisory group consisting of representative users of radioactive materials and x-ray devices to provide input on the proposed rules. Associations representing business and hospitals will be asked to recommend members to the advisory group.

Hospitals, academic facilities, medical clinics, dental facilities, chiropractic offices, veterinary facilities, and industrial facilities that use radioactive materials or x-ray devices may be affected by the proposed rules.

The radiation protection requirements in ch. DHS 157are based on or identical to the following federal regulations as required under state statute and the Agreement:

10 CFR 19, 20, 31-37, 39, 40, 70, 71, and 150 for radioactive materials.

21 CFR 900 for mammography and parts 1020, 1030, and 1040 for diagnostic, therapeutic, and cabinet x-ray devices.

The proposed rules are anticipated to have no to minimal economic impact.

This statement of scope was approved by the governor on February 26 2014.

Chapters SPS 160 to168 (revise).

Substance abuse professionals.

N/A

The proposed rulemaking project is intended to update the administrative rules relating to substance abuse professionals by incorporating current industry standards and technological advances and to reorganize pertinent administrative rules for clarity, consistency, and greater ease of use. The proposed rules also would address policy problems facing the substance abuse professional industry including workforce shortage issues.

Current department administrative rules relating to substance abuse professionals resulted from an initial, large-scale rule-writing effort. Since initial promulgation, a number of areas of the code have been identified as redundant, confusing, and/or outdated. Proposed modifications would revise existing rules for greater clarity and update credential requirements to incorporate current industry standards and technological advances. The proposed rule would address credential requirements that exacerbate workforce shortage issues including modifying restrictions on internet-based coursework and establishing alternative education options.

Section 227.11 (2) (a), Wis. Stats. Rule-making authority is expressly conferred as follows: (a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation.

Section 440.88 (3) (a) and (b), Wis. Stats. Subject to pars. (b) and (c) and except as provided in sub. (3m), the department shall promulgate rules that establish minimum standards and qualifications for the certification of all of the following, including substance abuse counselors and clinical supervisors described under s. HFS 75.02 (11) and (84), Wis. Adm. Code, in effect on December 15, 2006: 1. Substance abuse counselors-in-training., 2. Substance abuse counselors., 3. Clinical substance abuse counselors., 4m. Clinical supervisors-in-training., 5. Intermediate clinical supervisors., 6. Independent clinical supervisors., 7. Prevention specialists-in-training., and 8. Prevention specialists. (b) Rules promulgated under par. (a) shall include standards based on demonstrated requisite competency, knowledge, skills, and attitudes of professional practice that are culturally competent and evidence-based.

Section 440.88 (9), Wis. Stats. The department may do all of the following: (a) Establish the minimum number of hours of continuing education required for renewal of certification under this section and the topic areas that the continuing education must cover. (b) Require continuing education as part of any disciplinary process for an individual.

Section 440.88 (10), Wis. Stats. Continuing education course approval. The department shall establish the criteria for the approval of continuing education programs and courses required for renewal of certification of a substance abuse counselor, clinical supervisor, or prevention specialist and the criteria for the approval of the sponsors and cosponsors of those continuing education programs and courses. The department shall approve continuing education programs and courses in accordance with the criteria established under this subsection.

Section 440.88 (11), Wis. Stats. Scope of practice. The department shall promulgate rules establishing minimum standards for the practice of substance abuse counseling, supervision, and prevention.

200 hours.

Individuals certified, or attempting to obtain certification, under s. 440.88, Stats., as any level of prevention specialist, substance abuse counselor, or clinical supervisor.

None.

The Department believes that the proposed revisions will have minimal to no economic impact.

The Department believes that the proposed revisions will have minimal to no impact on small businesses.

Kathleen Paff, Program and Policy Analyst, kathleen.paff@wisconsin.gov, (608) 261-4472.