CR 19-065 Rule Text

DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

------------------------------------------------------------------------------------------------------------ IN THE MATTER OF RULE-MAKING   :     PROPOSED ORDER OF THE PROCEEDINGS BEFORE THE   :   DEPARTMENT OF SAFETY AND

:     PROFESSIONAL SERVICES DEPARTMENT OF SAFETY AND   :       ADOPTING RULES PROFESSIONAL SERVICES   :   (CLEARINGHOUSE RULE   )

------------------------------------------------------------------------------------------------------------ PROPOSED ORDER

An order of the Department of Safety and Professional Services to repeal SPS 175.01, 175.03, 175.04, and 176.01 (3); to amend SPS 175.05 (1) and (2) and 176.01 (2); to

repeal and recreate SPS 175.02; and to create SPS 175.025 relating to registered sanitarian examination requirements.

Analysis prepared by the Department of Safety and Professional Services.

------------------------------------------------------------------------------------------------------------ ANALYSIS

Statutes interpreted: Sections 440.98 (2) and 440.98 (5), Stats.

Statutory authority: Sections 440.98 (2), and 440.98 (5), Stats.

Explanation of agency authority:

Section 440.98 (2), Stats. provides: “In order to safeguard life, health and property, to promote public welfare and to establish the status of those persons whose duties in environmental sanitation call for knowledge of the natural sciences, the department may establish minimum standards and qualifications for the registration of sanitarians.”

Section 440.98 (5), Stats. provides: “Except as provided in s. 440.12 or 440.13, the department shall register as a sanitarian any person who satisfies the conditions in sub.

(6) and who has presented evidence satisfactory to the department that sanitarian registration standards and qualifications of the department, as established by rule, have been met.”

Related statute or rule:

None

Plain language analysis:

2013 Wisconsin Act 114 prohibits the Department of Safety and Professional Services or a credentialing board from requiring a person to complete any postsecondary education before the person is eligible to take an examination for a credential. The current rule

requires sanitarian applicants to submit evidence of completion of educational requirements in order to receive Department approval to sit for the exam. The proposed rule will revise the rules to specify the requirements for registration rather than the requirements for examination. This will allow the applicant to complete the registration requirements in any order, including allowing an applicant to take an examination prior to the completion of the education requirements.

Summary of, and comparison with, existing or proposed federal regulation:

None

Comparison with rules in adjacent states: Illinois:

Applicants for licensure as an environmental health practitioner must pass an approved examination and meet one of the following qualifications: (1) A bachelor’s degree approved approved by the National Environmental Health Science and Protection Accreditation Council for environmental health curricula; (2) A bachelor’s degree with a minimum of 30 approved semester hours of basic sciences and 12 months of full-time work experience; or (3) A master’s degree in public health or environmental health science including a minimum of 30 approved semester hours of basic sciences.

Illinois law, similar to Wisconsin law, requires an applicant to meet these requirements prior to being registered as an environmental health practitioner, not prior to sitting for the exam.

Iowa:

The state of Iowa does not regulate sanitarians.

Michigan:

To be eligible for examination an application must complete one of the following: (1) A baccalaureate degree in science and 4,000 hours of experience or (2) A master’s degree or doctorate in a field related to environmental health practice and 2,000 hours of experience.

Michigan rules require applicants for the sanitarian registration to complete education and experience requirements prior to examination.

Minnesota:

Applicants for initial registration must provide evidence of: (1) Receiving a baccalaureate or postebaccalaureate degree in environmental health, sanitary science, sanitary engineering, or other related environmental health field which includes at least 30

semester or 45 quarter hour credits in the physical or biological sciences; (2) Evidence of at least one year of supervised employment in one or more of the program areas listedin the definition of "environmental health specialist/sanitarian."; and (3) Evidence of passing an approved registration examination. The order in which these requirements must be completed is not specified in rule.

Summary of factual data and analytical methodologies:

The proposed rule incorporates rule changes to chs. SPS 175 and 176 as affected by the enactment of 2013 Wisconsin Act 114.

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 [e-mail], or by calling [phone].

Agency contact person:

Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development,4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708, or by email to [e-mail]. Comments must be received on or before the hearing scheduled for 2:00 PM on June 7, 2019 to be included in the record of rule- making proceedings.

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TEXT OF RULE

SECTION 1.   SPS 175.01 is repealed.

SECTION 2.   SPS 175.02 is repealed and recreated to read:

SPS 175.02 Application for registration. An applicant for registration shall submit all of the following:

(1)

A completed application.

(2)

Required fee under s. 440.03 (9) (a), Stats.

(3)

Evidence of passage of the examination required under ch. SPS 176.

(4)

An original official transcript evidencing completion of the education requirement in SPS 175.025. The transcript must be sent by the educational institution to the department.

(5)

Verification of the work experience requirement in SPS 175.025, which shall include a detailed description of the position held, length of employment, duties of the position, and number of hours worked per year in the field of environmental health. This verification shall be submitted by the applicant’s work supervisor for each position used to meet the work experience requirement.