CR 19-114 Rule Text

Minnesota:

Health-related licensing boards must issue an order temporarily suspending a licensee’s authority to practice when a complaint is received and supported by probable cause to believe the regulated person has violated a statute or rule that the health-related licensing

board is empowered to enforce, and continued practice by the regulated person presents an imminent risk of serious harm. (Minn. Stats. 214.077). It does not appear that other licensing boards or agencies in Minnesota have this authority, nor does it appear that administrative warnings are specifically provided for.

Summary of factual data and analytical methodologies:

Agency staff reviewed the statutory changes enacted by 2017 Wisconsin Act 328 and revised chs. SPS 6 and 8 to bring the rules into compliance with the new statutory requirements.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The rule was posted for 14 days to receive public comment on economic impact. No comments were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis is attached.

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, Wisconsin 53708; telephone [phone]; email at [e-mail].

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[See pdf for proper formatting]

TEXT OF RULE

SECTION 1. ch. SPS 6 (title) is amended to read:

Chapter SPS 6 Summary Suspensions and Limitations

SECTION 2. SPS 6.01 (2) is amended to read:

SPS 6.01 (2) The intent of the department in creating this chapter is to specify uniform procedures for summary suspension or limitation of licenses, permits, certificates or registrations issued by the department or any board attached to the department in circumstances where the public health, safety or welfare imperatively requires emergency action.

SECTION 3. SPS 6.02 is amended to read:

SPS 6.02 Scope. This chapter governs procedures in all summary suspension or limitation proceedings against licensees before the department or any board attached to the department. To the extent that this chapter is not in conflict with s. 448.02 (4), Stats., the chapter shall also apply in proceedings brought under that section.

SECTION 4. SPS 6.03 (8) is amended to read:

SPS 6.03 (8) “Respondent” means a licensee who is named as respondent in a petition for summary suspension or limitation.

SECTION 5. SPS 6.04 (title), (1), and (2) are amended to read:

SPS 6.04 Petition for summary suspension or limitation.

(1)

A petition for a summary suspension or limitation shall state the name and position of the person representing the petitioner, the address of the petitioner, the name and licensure status of the respondent, and an assertion of the facts establishing that the respondent has engaged in or is likely to engage in conduct such that the public health, safety or welfare imperatively requires emergency suspension or limitation of the respondent's license.

(2)

A petition for a summary suspension or limitation order shall be signed upon oath by the person representing the petitioner and may be made on information and belief.

SECTION 6. SPS 6.06 (title), (1), and (3) are amended to read:

SPS 6.06 Issuance of summary suspension or limitation order.

(1) If the licensing authority finds that notice has been given under s. SPS 6.05 and finds probable cause to believe that the respondent has engaged in or is likely to engage in conduct such that the public health, safety or welfare imperatively requires emergency suspension or limitation of the respondent's license, the licensing authority may issue an order for summary suspension or limitation. The order may be issued at any time prior to or subsequent to the commencement of a disciplinary proceeding under s. SPS 2.04.

(3) The summary suspension or limitation order shall be effective upon service under s. SPS 6.08, or upon actual notice of the summary suspension or limitation order to the respondent or respondent's attorney, whichever is sooner, and continue through the effective date of the final decision and order made in the disciplinary proceeding against the respondent, unless the license is restored or the limitation is lifted under s. SPS 6.09 prior to a formal disciplinary hearing, or the disciplinary proceeding is otherwise terminated under SPS 6.10 (1) or 6.10 (3) (a).

SECTION 7. SPS 6.07 (title), (intro.), (1), (2), (5), (6), and (7) are amended to read:

SPS 6.07 Contents of summary suspension or limitation order. The summary suspension or limitation order shall include the following:

(1)

A statement that the suspension or limitation order is in effect and continues until the effective date of a final order and decision in the disciplinary proceeding against the respondent, unless otherwise ordered by the licensing authority.

(2)

Notification of the respondent's right to request a hearing to show cause why the summary suspension or limitation order should not be continued.

(5)

The identification of all witnesses providing evidence at the time the petition for summary suspension or limitation was presented and identification of the evidence used as a basis for the decision to issue the summary suspension or limitation order.

(6)

The manner in which the respondent or the respondent's attorney was notified of the petition for summary suspension or limitation; and

(7)

A finding that the public health, safety or welfare imperatively requires emergency suspension or limitation of the respondent's license.

SECTION 8. SPS 6.08 is amended to read:

SPS 6.08 Service of summary suspension or limitation order. An order of summary suspension or limitation shall be served upon the respondent by mail.

SECTION 9. SPS 6.09 (1), (2), (4), and (5) are amended to read:

SPS 6.09 (1) The respondent shall have the right to request a hearing to show cause why the summary suspension or limitation order should not be continued until the effective date of the final decision and order in the disciplinary action against the respondent.

(2) The request for hearing to show cause shall be filed with the licensing authority which issued the summary suspension or limitation order. The hearing shall be scheduled and heard promptly by the licensing authority or its delegate, but no later than 20 days after the filing of the request for hearing with the licensing authority, unless a later time is requested by or agreed to by the licenseerespondent.

(4)

At the hearing to show cause the petitioner has the burden to show by a preponderance of the evidence why the summary suspension or limitation order should be continued.

(5)

Immediately upon conclusion of the hearing to show cause the licensing authority or its delegate shall make findings and an order on the record. If it is determined that the summary suspension or limitation order should not be continued, the suspended license shall be immediately restored, and any limitation shall be lifted.

SECTION 10. SPS 6.10 (1) and (3) (a) are amended to read:

SPS 6.10 (1) A notice of hearing commencing a disciplinary proceeding under s. SPS

2.06 against the respondent shall be issued no later than 10 days following the issuance of the summary suspension or limitation order or the suspension or limitation shall lapse on the tenth day following issuance of the summary suspension or limitation order. The formal disciplinary proceeding shall be determined promptly.

(3)(a) An order immediately terminating the summary suspension or limitation.

SECTION 11. SPS 6.11 (1) (intro.) and (2) are amended to read: