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Plain language analysis
This rule schedules three substances commonly known as UR-144, XLR-11, and AKB48 as Schedule I controlled substances.
Summary of, and comparison with, existing or proposed federal regulation
On May 16, 2013, the U.S. Department of Justice Drug Enforcement Administration emergency scheduled UR-144, XLR-11, and AKB48 as Schedule I, illegal drugs under the Controlled Substances Act.
Comparison with rules in adjacent states
Illinois: A review of the Illinois Controlled Substances Act does not indicate scheduling of these three substances.
Iowa: On July 9, 2013, the Iowa Pharmacy Board temporarily classified these three substances as Schedule I controlled substances. The temporary scheduling action by emergency action will remain effective until 60 days following the commencement of the next legislative session, during which time the Iowa Legislature will determine whether to add the substances to the Iowa Controlled Substances Act.
Michigan: These three substances are scheduled in Michigan based upon any other synthetic chemical compound that is a cannabinoid receptor agonist and mimics the pharmacological effect of naturally occurring cannabinoids that is not listed in schedules II through V and is not approved by the federal food and drug administration as a drug.
Minnesota: A review of the Minnesota Controlled Substances Act does not indicate scheduling of these three substances.
Summary of factual data and analytical methodologies
Based upon the Brown County District Attorney's request for emergency scheduling and the federal government's emergency scheduling, the Controlled Substances Board decided to schedule UR-144, XLR-11, and AKB48.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
This proposed rule schedules three synthetic cannabinoid substances as Schedule I controlled substances which will not have an effect on small business.
Fiscal Estimate
This proposed rule will have no fiscal impact.
Effect on Small Business
These proposed rules do not have an 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 tom.engels@wisconsin.gov, or by calling (608) 266-8608.
Text of Rule
Section 1. CSB 2.36 is created to read:
CSB 2.36 Additions to Schedule 1.
(1) Section 961.14 (4) (ta), Stats., is created to read:
Section 961.14 (4) (ta) AKB48: 1-pentyl-N-(1-adamantyl)-1H-indazole-3-carboxamide.
(2) Section 961.14 (4) (tym), Stats., is created to read:
Section 961.14 (4) (tym) UR-144: 1-pentyl-3-(2,2,3,3-tetramethylcyclopropoyl)indole
(3) Section 961.14 (4) (tz), Stats., is created to read:
Section 961.14 (4) (tz) XLR-11: 1-(5-fluoropentyl)-3-(2,2,3,3-tetramethylcyclopropoyl)indole
Section 2. EFFECTIVE DATE. Pursuant to s. 227.24 (1) (c), Stats., these rules shall take effect upon publication in the official state newspaper. (Effective date was October 13, 2013.)
Notice of Hearing
Safety and Professional Services —
Joint Board of Professional Geologists, Hydrologists and Soil Scientists
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Joint Board of Professional Geologists, Hydrologists and Soil Scientists in ss. 15.08 (5) (b), 227.11 (2) and 470.03 (2), Stats., and interpreting s. 15.405 (2m), Stats., the Joint Board of Professional Geologists, Hydrologists and Soil Scientists will hold a public hearing at the time and place indicated below to consider an order to amend ss. GHSS 1.01, 1.02, 2.02 (Note), 2.03 (10) (Note), 2.05 (title), 3.02 (Note), 3.06 (10) (Note), 3.05 (title), 4.02 (Note), 4.06 (10) (Note), and 4.05 (title); repeal and recreate s. GHSS 1.05; and create s. GHSS 1.055 and ch. GHSS 6, relating to continuing education requirements for professional geologists, hydrologists and soil scientists.
Hearing Information
Date:   Wednesday, November 20, 2013
Time:  
9:00 a.m..
Location:
  1400 East Washington Avenue
  (Enter at 55 North Dickinson St.)
  Room 121
  Madison, WI
Appearances at the Hearing
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 Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708-8935. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Jean MacCubbin, Administrative Rules Coordinator, Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to jean.maccubbin@wisconsin.gov. Comments must be received at or before the public hearing to be held on November 20, 2013 to be included in the record of rule-making proceedings.
Copies of Rule
Copies of this proposed rule are available upon request to Jean MacCubbin, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935, by email at jean.maccubbin@wisconsin.gov or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e.
Analysis Prepared by the Department
Statutes interpreted
Section 15.405 (2m), Stats.
Statutory authority
Sections 15.08 (5) (b), 227.11 (2), and 470.03 (2), Stats.
Explanation of agency authority
The Examining Board of Professional Geologists, Hydrologist and Soil Scientists is established and provided authority as given ch. 470, Stats.
Section 15.08 (5) (b), Stats.: reads “Shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession."
Section 227.11 (2), Stats., reads: “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. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:..."
Section 470.03 (2), Stats., reads: “Upon the advice of the appropriate section of the examining board, the examining board may promulgate rules that establish continuing education requirements that a person must satisfy to be eligible to renew a license that is issued under this chapter."
Related statute or rule
Chapters GHSS 1 to 5.
Plain language analysis
This proposed rule-making order creates a new chapter, ch. GHSS 6, for continuing education requirements for licensed professional geologists, professional hydrologists and professional soil scientists within the jurisdiction of the Joint Board of Professional Geologists, Hydrologists and Soil Scientists as permitted in s. 470.03 (2), Stats. A scope statement to create continuing education (CE) requirements was approved and published in 2000; in 2013 the Joint Board convened a group having a representative from each section to work with department staff to create these rules.
The primary focus of this rule is the creation of a new chapter, ch. GHSS 6, Continuing Education. This chapter is drafted to be effective for the biennial renewal period beginning August 2014 and running through the end of July 2016; it does not apply to newly licensed individuals during this first biennial renewal period.
Licensees may accumulate the required 24 CEUs, continuing education units, over the 2-year period through a variety of providers and professional development activities. Also included are definitions pertinent to CE requirements, providers and professional development activities.
Licensees are expected to track their CEUs on a form designed for such purpose, although the submittal of the form is not required when certifying at time of renewal. Upon a random audit, the selected licensees shall submit such form and associated documentation to verify compliance to ch. GHSS 6.
The rule also recognizes the need for postponements or waivers to the rule for active military service and other specific circumstances. The handling of late renewals and reciprocity are also included in the rule.
SECTIONS 1. and 2. These sections are redrafted to recognize the new chapter and the first biennial renewal period for which the CE rules apply. Various Notes were amended in chs. GHSS 2, 3, and 4, where appropriate, to provide the URL in addition to department mailing address as listed.
SECTION 3. This section is created to provide the options available to licensees who fail to renew and adding that continuing education requirements are now in place.
SECTION 4. This section amends subsection titles in each chapter, chs. GHSS 2 to 4, to clarify that these education requirements are for pre-licensure not continuing education.
SECTION 5. This section comprises the newly created chapter, ch. GHSS 6, Continuing Education.
SECTION 6. This section specifies the date the rules become effective.
Summary of, and comparison with, existing or proposed federal regulation
An Internet-based search of the U.S. Code and Federal Register found that there is no existing or proposed federal regulation relating to continuing education for these professions.
Comparison with rules in adjacent states
An Internet-based search of professional licenses and any requirements for continuing education revealed the following:
Illinois: The state of Illinois licenses professional geologists, but has no continuing education requirements, part 1252 professional geologist licensing act. This state does not license professional hydrologists or professional soil scientists.
Iowa: The state of Iowa licenses groundwater professionals (much like hydrologists), but does not require any continuing education. This state does not license professional geologists or professional soil scientists.
Michigan: The state of Michigan does not license professional geologists, professional hydrologists, or professional soil scientists.
Minnesota: The state of Minnesota licenses and requires 24 (professional development) hours every two years for renewal for licensed geologists and licensed soil scientists. This state does not license professional hydrologists.
Summary of factual data and analytical methodologies
The Joint Board of Professional Geologists, Hydrologists and Soil Scientists authorized one member of each section to contribute to this rule-making project. With staff, they examined models of continuing education from various states and national organizations related to their respective professions, as well as from other regulatory boards aligned with the department.
The comparison information with the rules in adjacent states was obtained directly from administrative rules of those states when available through an Internet-based search. Reviewing rules of the two states having similar licenses and continuing education requirements, the proposed rules are substantially consistent with the rules in those states.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
Staff researched fees for various continuing education offerings applicable to the sections, primarily provided or sponsored by UW Madison, School of Engineering Professional Development and determined the following:
Course offerings fees*:
Offering
Min. Hours/Cost
Max. Hours/Cost
Classroom:
1 Hr./ $49
21 Hrs./ $1195
Online:
2 Hrs./ $149
20 Hrs./ $225
*Note: (local, no travel or lodging included)
Other professional development activities*:
Offering
Min. Hours/Cost
Max. Hours/Cost
Professional Meetings**
4 Hrs./ $100
40 Hrs./ $1000
*Note: (local, no travel or lodging included)
**Examples given include Geological Society of America (GSA) national or regional meeting, American Geophysical Union annual meeting, Wisconsin Section of the American Water Resources Association (AWRA) annual meeting, or associated professional organizations involving section-related topics.
Research was conducted regarding the availability of continuing education credits offered via online courses, trade association sponsored seminars and other means, as well as the costs associated therewith. That data was then compared with the requirements outlined in the proposed rules and based thereon, appears that these rules will have no significant impact on a substantial number of small businesses.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Initial Regulatory Flexibility Analysis or Summary
This rule will not have a significant adverse effect on small business.
Environmental Assessment/Statement
Not required.
Agency Contact Person
Jean MacCubbin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone: (608) 266-0955; email at jean.maccubbin@wisconsin.gov; or contact by 711 relay telecommunications.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
1. Type of Estimate and Analysis
X Original   Updated   Corrected
2. Administrative Rule Chapter, Title and Number
Chs. GHSS 1 to 6, General Requirements and Procedures, and Continuing Education Requirements (Professional Geologists, Professional Hydrologists and Professional Soil Scientists).
3. Subject
Continuing Education Requirements for Professional Geologists, Professional Hydrologists and Professional Soil Scientists.
4. Fund Sources Affected
5. Chapter 20, Stats. Appropriations Affected
GPR   FED   X PRO   PRS   SEG   SEG-S
s. 20.165 (1) (g)
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect
Indeterminate
Increase Existing Revenues
Decrease Existing Revenues
Increase Costs
Could Absorb Within Agency's Budget
Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
State's Economy
Local Government Units
Specific Businesses/Sectors
Public Utility Rate Payers
Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
Yes   X No
9. Policy Problem Addressed by the Rule
Develop and maintain continued competency of licensed Professional Geologists, Professional Hydrologists and Professional Soil Scientists.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Licensed Professional Geologists, Professional Hydrologists and Professional Soil Scientists as well as those who benefit from or contract for their professional expertise.
11. Identify the local governmental units that participated in the development of this EIA.
None known.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
There is no direct impact on specific businesses, business sectors, public utility ratepayers or local governmental utilities or the state's economy as a whole.
Staff researched fees for various continuing education offerings applicable to the sections, primarily provided or sponsored by UW Madison, School of Engineering Professional Development [SOURCE: http://epdweb.engr.wisc.edu/index.lasso] and determined the following:
Course offerings fees*
Offering   Min. Hours/Cost   Max. Hours/Cost
Classroom:   1 Hr./$49     21 Hrs./$1195
Online:     2 Hrs./$149     20 Hrs./$225
*Note: (local, no travel or lodging included)
Other professional development activities*
Offering   Min. Hours/Cost   Max. Hours/Cost
Professional 4 Hrs/$100 40 Hrs/$1000
Meetings**
*Note: (local, no travel or lodging included)
**Examples given include Geological Society of America (GSA) national or regional meeting, American Geophysical Union annual meeting, Wisconsin Section of the American Water Resources Association (AWRA) annual meeting, or associated professional organizations involving section-related topics.
Research was conducted regarding the availability of continuing education credits offered via online courses, trade association sponsored seminars and other means, as well as the costs associated therewith. That data was then compared with the requirements outlined in the proposed rules and based thereon, appears that these rules will have no significant impact on a substantial number of small businesses.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Develop and maintain continued competency of licensed Professional Geologists, Professional Hydrologists and Professional Soil Scientists. The status quo may negatively influence the creditability of maintaining a professional license.
14. Long Range Implications of Implementing the Rule
Industry is constantly changing and new technologies and methodologies are being introduced, as are the professional skills of the workforce. Continuing education for licensed professionals ensures the public the professional competence of the licensees.
15. Compare With Approaches Being Used by Federal Government
The Federal government does not license or mandate continuing education for Professional Geologists, Professional Hydrologists or Professional Soil Scientists.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Licensing for professional geologists-- The state of Minnesota licenses and requires 24 (professional development) hours every two years for renewal. Illinois licenses professional geologists, but has no continuing education requirements.
Licensing for professional hydrologists—none of the four adjacent states license this profession. The state of Iowa licenses groundwater professionals (much like hydrologists), but does not require any continuing education.
Licensing for professional soil scientists—Of the four adjacent states, only the state of Minnesota licenses and requires 24 (professional development) hours every two years for renewal.
17. Contact Name
18. Contact Phone Number
Jean MacCubbin
(608) 266-0955
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
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