Académique Documents
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and a great service to the state of Wisconsin. The Department of Safety and Professional Services
greatly appreciates your willingness to serve the public and those in your profession by taking the time
to both prepare for and attend board meetings and to accomplish the various tasks outside of board
meetings that are necessary to carry out the business of a board. Board members are charged with
making decisions that objectively represent the voice of the public, members of the profession, and
those seeking entry into the profession. This means that as a board member you are not an advocate
for a private interest group or professional association. As a public official, you are held to the highest
standards of ethical and professional conduct, and should strive to avoid any relationship, activity or
position that may influence the performance of your official duties as a board member. It follows that
you must recuse yourself from any conflict of interest that would compromise your neutrality in making
decisions on the board.
Writing Administrative Code. Most boards have authority to write administrative code or
rules governing the profession in areas of regulation.
For more information on the process for writing administrative code, please see the Rule
Promulgation Flow Chart on SharePoint.
Overseeing the Implementation of Statutes and Administrative Code. The day to day
functions of a board are to see that the statutes and administrative code are implemented. The
areas of regulation for most boards include:
o
Credentialing Matters: This includes setting the pre-license education, training and
examination requirements for obtaining and maintaining a credential.
Disciplinary Matters: Most boards have the authority to impose discipline (e.g.
revocation of a license or suspension of a license) on credential holders for violating
statutes or administrative rules for the occupation.
Because every decision a board makes should be in line with the applicable regulations, it is
very important that each board member is familiar with their applicable regulations. For
this reason, we have available a Profession Specific Codebook online at:
http://dsps.wi.gov/Boards-Councils/Administrative-Rules-and-Statutes. For more
information on how code is implemented in the various areas, see General Guide to Board
Procedures.
and Open Records laws to ensure transparency and accountability to the public. An overview of
these regulations is available at http://www.doj.state.wi.us/dls/OMPR/2010OMCGPRO/2010_OML_Compliance_Guide.pdf.
Preparing for Board Meetings by Careful Review of Materials. All materials are available
on your boards SharePoint website.
GENERAL OVERVIEW OF
DSPS AND THE BOARDS
It should be noted that all such interpretive statements must be closely scrutinized to ensure compliance with the law. Wis.
Stat. 227.10: Each agency shall promulgate as a rule each statement of general policy and each interpretation of a statute
which it specifically adopts to govern its enforcement or administration of that statute.
Rules that are promulgated in the Division of Policy Development are implemented by other divisions
within DSPS: the Division of Industry Services enforces the safety and buildings codes through plan
review, building inspections and reporting requirements; the Division of Professional Credential
Processing implements credentialing requirements by processing applications for both new licenses and
renewals; and the Division of Legal Services and Compliance executes code related to disciplinary
actions by prosecuting cases and promoting compliance with standards set by law. The Office of
Educations and Examinations, within the Division of Policy Development, implements code related to
education requirements and the administration of examinations associated with obtaining or
maintaining credentials.
This explanation is demonstrated on the flowchart on the following page.
Wisconsin Legislature
Source of all law-making authority in the
state. The legislature delegates authority to
agencies (Departments, boards) to make law
within parameters set by the statute. For
example, The department shall promulgate
rules defining uniform procedures to be used
by the department Wis. Stat. 440.03(1).
Boards
STRUCTURE OF BOARDS
AND COUNCILS
Councils
Authority: Serve an Examining Board or the Department in an advisory capacity to
undertake matters as assigned by statute.
Appointed By:
Governor, Secretary of DSPS, or Examining Board.
Reimbursement:
Per Diem: No compensation.
Expenses: Actual and necessary expenses incurred in the
performance of Board duties.
Statute
Board Creation
Details
15.405(1)
Ch. 442
15.405 (2)
Ch. 443
15.405 (3)
Ch. 480
15.405 (1m)
101.596
15.405 (3m)
15.405 (5)
Ch. 446
15.405 (5m)
Ch. 961
15.405 (17)
Ch. 454
15.405 (6)
Ch. 447
15.405 (16)
Ch. 445
15.405 (2m)
Ch. 470
15.405 (6m)
Ch. 459
15.405 (7c)
Ch. 457
15.405 (7)
Funeral Establishment
Examining Board of Professional Geologists, Hydrologists and Soil
Scientists
Geologist
Hydrologist
Soil Scientist
Certificate of Authorization
Hearing and Speech Examining Board
Audiologist
Hearing Instrument Specialist
Speech-Language Pathologist
Marriage and Family Therapy, Professional Counseling, and Social
Work Examining Board
Marriage and Family Therapy
Professional Counselor
Social Worker, Advanced Practice, Independent, Licensed
Clinical, Training Certificate
Medical Examining Board
Dietitian
Occupational Therapist
Occupational Therapy Assistant
Perfusionist
Physical Therapist
Physical Therapist Assistant
Physician
Physician Assistant
Podiatrist
Respiratory Care Practitioner
Board of Nursing
Advanced Practice Nurse Presciber
Licensed Practical Nurse
Registered Nurse
Nursing Home Administrator Examining Board
Nursing Home Administrator
Optometry Examining Board
Optometrist
Pharmacy Examining Board
Pharmacist
Pharmacy (In State)
Pharmacy (Out of State)
Wholesale Distributor of Prescription Drugs
Physical Therapy Examining Board
Physical Therapist
Physical Therapist Assistant
Psychology Examining Board
Private Practice School Psychologist
Psychologist
Radiography Examining Board
Radiographer
Limited X-Ray Machine Operator
Real Estate Appraisers Board
Real Estate Appraisers
Real Estate Examining Board
Real Estate Apprentice
Real Estate Broker
Real Estate Business Entity
Real Estate Salesperson
Time-Share Salesperson
Veterinary Examining Board
Veterinarian
Veterinary Technician
Statutory Authority of Attached Affiliated Credentialing Boards
Athletic Trainers Affiliated Credentialing Board
Dietitians Affiliated Credentialing Board
Massage Therapy and Bodywork Therapy Affiliated Credentialing
Board
Occupational Therapists Affiliated Credentialing Board
Podiatry Affiliated Credentialing Board
15.405 (7g)
Ch. 441
15.405 (7m)
Ch. 456
15.405 (8)
Ch. 449
15.405 (9)
Ch. 450
15.405 (7r)
15.405 (10m)
Ch. 455
15.405 (7e)
Ch. 462
15.405 (10r)
Ch. 458
15.405 (11m)
Ch. 452
15.405 (12)
Ch. 453
15.406 (4)
15.406 (2)
15.406 (6)
Ch. 460
15.406 (5)
15.406 (3)
15.407 (7)
15.407 (8)
448.23
15.407 (17)
145.17
15.407 (11)
15.407 (14)
15.407 (10)
15.407 (13)
15.407 (12)
15.407 (3)
15.407 (6)
15.407 (16)
15.407 (2)
15.407 (5)
15.407 (1m)
15.407 (9)
101.625
101.986
101.72
101.933
101.972
441.05, 441.10 (2)
450.025
145.02 (4) (a)
448.2
452.05, 452.06
440.032
DIVISION OF POLICY
DEVELOPMENT
STAFF ROLES AND
RESPONSIBILITIES
Guard the boards time by having board members vote to adopt an agenda at the
beginning of the meeting. Follow the agenda faithfully.
Restate the motion after it has been seconded, then open for discussion.
Close discussion and put motions to a vote. Restate the motion exactly as it was made or
amended before calling for the question.
Announce the result of the vote immediately. A tie vote defeats a motion requiring a
majority of those voting.
Vote when your vote will affect action, i.e., to cause or block the attainment of either a
tie or two-thirds vote, whichever is necessary for action.
Maintain order and proper procedure by making necessary rulings promptly and clearly.
Expedite board business in every way compatible with the rights of the board members.
You can allow brief remarks on motions, advise board members how to take action
(proper motion or form of motion), or order proposed routing action without a formal
vote, e.g., If there is no objection, the minutes will stand approved as read. Hearing no
objection, so ordered.
Protect the board from frivolous motions whose purpose is to obstruct the boards
business. You can refuse to entertain such motions. Never adopt such a course,
however, merely to expedite business.
GENERAL GUIDE TO
BOARD PROCEDURES
Procedures Related to Discipline (for more information, see Case Advisor Training materials)
Members of the public file a complaint with the Department of
Safety and Professional Services, Division of Legal Services and
Compliance.
At any point, the case may settle if the Board and the Respondent
can agree to a stipulation. The Board may also choose to issue an
Administrative Warning. The Final Decision and Order is maintained
by staff who monitor the Respondents compliance with the Order.
TIMELINE OF A MEETING
Timeline of a Meeting
8 business days prior to the meeting: All agenda materials are due at the Department.
7 business days prior to the meeting: The draft agenda page is due to the Executive
Director and Chair for review and approval.
5 business days prior to the meeting: The approved agenda is returned to the Bureau
Assistant for agenda packet production and compilation.
4 business days prior to the meeting: Agenda packets are posted on SharePoint.
Agenda Items: (Sample Listing)
o Approval of the Agenda and Minutes from the last meeting
o Open Session Items
Administrative Report
Legislation and Administrative Rules Issues
Public Hearings
Education and Exam Issues
Current Issues Affecting the Profession
o Closed Session items
Stipulations
Administrative Warnings
Deliberations on Proposed Disciplinary Actions
Case Closings
Monitoring Issues
Professional Assistance Procedure (PAP) Issues
Credentialing Issues
Exam Issues
Thursday of the Week Prior to the Meeting: Agendas are published for
public notice on the Departments website (http://dsps.wi.gov).
3 business days after the Meeting: To-Do lists are distributed to staff to ensure that
board decisions are implemented within the appropriate divisions in the Department.
5 business days after the Meeting: Minutes approved by the board are published on the
Departments website.
Lodging Accommodations
Per Diem Guidelines
Travel and Meal Guidelines
Out of State Travel Guidelines
Travel Forms
LODGING ACCOMMODATIONS
Lodging the night before a board meeting will be reimbursed provided the board
member would have to leave home before 6:00 a.m. in order to be at the meeting site
by the set meeting time.
Hotel arrangements for board meetings are scheduled by the department for all board
meetings prior to the beginning of each calendar year.
Maximum reimbursement rate for in-state lodging is $82, except in Milwaukee,
Waukesha and Racine counties where the rate is $90. All in-state hotel costs are tax
exempt.
Maximum reimbursement rates for out-of-state lodging are determined by the Office of
State Employment Relations. In cases where a board member stays at the conference site,
the conference room rate is allowable.
Board members may make their own in-state or out-of-state travel arrangements (if not
funded by the Department) but only after receiving authorization from their respective
board. DSPS staff will work with the board member in obtaining travel approvals.
DEPARTMENT POLICY: HOTEL CANCELLATIONS
1. If a Board Member is not going to use a reserved hotel room, it is the responsibility of
the Board member to cancel the room by calling the hotel.
2. If the hotel room is not cancelled, the board member may be responsible to pay the bill.
3. If a meeting is cancelled and/or rescheduled due to a lack of quorum, lack of
business, or inclement weather, it is the responsibility of the Department to cancel
and/or change any room reservations.
Contracted Hotel Contact Information:
Cambria Suites
5045 Eastpark Blvd
Madison, WI 53718
Phone: 608-241-7070
Web: https://www.choicehotels.com/wisconsin/madison/cambria-hotels/wi143?source=gglocaloz
Travel days to or from board meetings, conferences, and other events when there is
no event business conducted.
Attendance at professional association meetings, conferences, seminars, exam
administrator or test development, if there has not been prior
board authorization and approval of the Secretarys office.
In-State Travel
Out-of-State Travel
Breakfast
$9
$10
You must leave home before 6:00 a.m.*
Lunch
$10
$15
You must depart before 10:30 a.m. & return after 2:30 p.m.*
Dinner
$20
$25
You must return home after 7:00 p.m.*
*Distance and drive time are determinant factors in verifying
eligibility for meal claims. Time guidelines are relevant to
actual travel times and when a traveler would be required
to depart in order to reach their destination on time.
Hotel Gratuities
Porterage
Taxi/Shuttle
Reimbursement for air travel is limited to the lowest appropriate airfare which is defined
as coach fare, which provides for not more than a 2-hour window from the travelers
preferred departure or arrival time and may require one plane transfer.
Board members may be approved for Department funded out-of-state travel once the
Board has approved the travel, the travel request paperwork has been completed and
then approved by the appropriate members of Department staff.
Mere attendance at a meeting or conference on behalf of the board is not of itself a basis
for filing a per diem claim. Board members must submit a report with the per diem
claim showing that she or he provided substantial official services as authorized by the
board on each day for which a claim is made. This is concurrent with Wisconsin Statute
15.08(7).
Board members cannot accept benefits from any airline promotion program, such
as frequent flier points or credit vouchers, acquired while traveling on state
funded business.
Criteria for travel approval:
o
Will the traveler actually and necessarily engaged in the performance of board
duties?
o
Will the traveler provide a substantial official service?
o
Is the service properly documented by submitting a report to the Department
describing the duties performed at the conference and the amount of time spent?
Board members must present a summary report on the conference at the board meeting
following the travel.
INSTRUCTIONS: Claimant records board-related activities by entering the date of an activity, the duration of time spent in that
activity, the relevant purpose code (see purpose code descriptions below), where the activity is conducted, and the type of
activity performed. Only one (1) $25.00 per diem payment can be issued on any given calendar day.
Purpose Codes:
A. Official meetings including video/teleconference calls (automatic day of per diem):, i.e., board, committee, board training or
screening panels; Hearings, i.e., Senate Confirmation, legislative, disciplinary or informal settlement conferences;
Examinations and Test Development Sessions, i.e., test administration, test review or analysis events, national testing events,
tour of test facilities, etc.)
B. Other (One (1) per diem will be issued for every five (5) hours spent in category B, per calendar month): i.e., review of
disciplinary cases, consultation on cases, review of meeting materials, board liaison work e.g., contacts regarding Monitoring,
Professional Assistance Procedure, Credentialing, Education and Examinations
NAME OF EXAMINING BOARD OR COUNCIL
MARY SUNSHINE
Activity
Date
Duration of
Activity
Purpose
Code
MM/DD/YY
Hours/Minutes
A or B
1/2/16
1/4/16
1/10/16
1/12/16
1/28/16
2 hrs
2 hr / 30 mins
1 hr
1 hr / 30 mins
6 hrs
B
B
A
B
A
Where Performed
Activity
City/Location
(Home, Work, DSPS)
Pleasant Prairie/Home
Pleasant Prairie/Home
Pleasant Prairie/Home
Pleasant Prairie/Home
Madison/DSPS
Comments:
Mary Sunshine
Claimants Signature
2/1/2016
Date
Supervisor
Date
@ $25.00 =
State of Wisconsin
DOCUMENT NUMBER TL
EMP ID 987654321
Z
Address 2424 Happy Road
City
Pleasant Prairie
State
Department/ Division
From/To:
ORG
SUB
FY
FUND
AGENCY
CODE
ORG
2014
100
165
1301
WI
Zip-Code
BALANCE
APPROPRIATION
ACTIVITY
121
OBJECT
SUB-OBJ
2165
02
SHEET ACCT
53158
Permanent
Project
LTE
__
__
__
REPORTING
PROJECT
CATEGORY
NUMBER
AMOUNT
DEBIT
CREDIT
TOTALS
Official Business
Date
Use
Purpose of Trip
Board Meeting
separate
lines for
each leg
the purpose of
of your
your trip.
Travel Points
From
Personal
Vehicle
HDQS-TIME
To
Depart
Return
Morning
Noon
Evening
P-card
$8.00
$10.00
$20.00
Madison
Times must be
Miles
Madison
Home base
reported if meals
must be
trip.
Lodging
Home base
are claimed
Miles
Item
Amount
split.
Enter
Cannot
"P-card"
place
when hotel
or
$10.00
$15.00
by DSPS
one line.
Must leave
Must leave
Must return
home
home
home after
before
before
7:00 p.m.
6:00 a.m.
10:30 a.m.
Taxable
Non-Taxable
Report
Report
meal cost
meal cost
$25.00
roundtrip is provided
total on
overnight
overnight
stay.
stay.
and return
home after
LEGEND:
2:30 p.m.
Sub-Totals
Mileage Costs
Miles at
0.510 cents/mile
Totals
I declare, under penalties, that all claimed travel expenses are true and correct and are in conformity
Total Expenditure
with Wisconsin statute 16.53 and related agreements. This claim represents reasonable and actual
expenses necessarily incurred by me personally in the performance of official duties and no portion
was previously reimbursed to me by the State or any other source.
I certify that all expenses on this voucher conform to statutory, departmental or applicable collective bargaining provisions, and were
necessary in the official performance of duties required by the State Expenditures are determined to be reasonable and proper, and that
Date _______________
I certify that this travel claim is reasonable, proper, and in conformity with applicable
_____________________________________________________________________
Date _______________
RULE PROMULGATION
FLOWCHART