Register

(1) Characteristics of the specific disorder, including disease incidence, morbidity and mortality;.

(2) The availability of effective therapy and potential for successful treatment;.

(3) Characteristics of the test, including sensitivity, specificity, feasibility for mass screening and cost;.

(4) The availability of mechanisms for determining the effectiveness of test procedures;.

(5) Characteristics of the screening program, including the abililty to collect and analyze specimens reliably and promptly, the ability to report test results quickly and accurately and the existence of adequate follow-up and management programs; and .

(6) The expected benefits to children and society in relation to the risks and costs associated with testing for the specific condition.

Contact Person

To find out more about the hearing, write or phone:

Michael Pfrang

Division of Public Health

1414 E. Washington Avenue

Room 251

Madison, Wisconsin 53703

[phone]

if you are hearing impaired,

phone [phone]

If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter or a non-English, large-print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written comments on the proposed rules received at the above address no later than July 21, 1999 will be given the same consideration as testimony presented at a hearing.

Fiscal Estimate

Under s. 253.13, Stats., a blood sample is required to be taken from each newborn infant in the state and that one blood sample is currently tested to determine if the child has one of seven different congenital or metabolic disorders, including phenylketenuria (PKU) and cystic fibrosis, listed in the Department's rules at HFS 115.04. Very few children are found to have one of the listed conditions but, for those who do, effective therapy is available and the potential for successful treatment is high if treatment is begun early. This order adds a new condition to the list of congenital and metabolic disorders for which testing of blood samples is done.

Addition of the new condition to s. HFS 115.04 will increase State Laboratory of Hygiene costs, that is, the laboratory costs of the Newborn Screening Program, by about $275,000 a year or $4.00 per newborn screened. The annual cost for follow-up treatment, which is funded by a Department surcharge added to the laboratory costs, is estimated at about $105,000 or about $1.50 per newborn screened. The cost of providing screening and treatment for the seven current disorders is borne by parents of newborns through a screening charge which is part of the delivery cost for an infant born in Wisconsin, and this cost will be increased by about $5.50 by the rule addition. For most parents this is an expense covered by third party payers whose policies cover the cost of labor and delivery.

This rule change will not affect the expenditures or revenues of state government or local governments. Local governments are not involved with the administration of the Newborn Screening Program and are not affected by the Program. Program administration costs will increase for the State Laboratory of Hygiene and the Department but those costs will be fully covered by the increased newborn screening fee paid by parents or third party payers on behalf of parents.

Initial Regulatory Flexibility Analysis

This change to ch. HFS 115 will not affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats. The addition of another condition for which a blood sample is screened will affect the State Laboratory of Hygiene, the Department (for follow-up treatment), newborn children identified as having the particular condition (they will benefit from follow-up treatment) and their parents, and all parents of newborn children or their third-party payers for the additional cost (about $5.50) of a delivery. No third-party payer is likely to be a small business, and in any case would likely absorb or pass-on increased costs to parents.

Notice of Proposed Rule

Medical Examining Board

[CR 99-98]

Notice is hereby given that pursuant to authority vested in the Medical Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 448.40, Stats., and interpreting ss. 448.03 (3) (c), 448.03 (4) (title), 448.04 (1) (d), 448.05 (3) and 448.10 (2), Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Medical Examining Board will adopt the following rules as proposed in this notice, without public hearing unless, within 30 days after publication of this notice, July 1, 1999, the Medical Examining Board is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.

Analysis prepared by the Department of Regulation and Licensing

Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11(2) and 448.40

Statutes interpreted: ss. 448.03 (3) (c), 448.03 (4) (title), 448.04 (1) (d), 448.05 (3) and 448.10 (2)

In this proposed rule-making order the Medical Examining Board is repealing rules relating to podiatrists as a result of 1997 Wisconsin Act 175, which created the Podiatrists Affiliated Credentialing Board. Therefore, Chapter Med 6 in its entirety is repealed. References to podiatrists in ss. Med 10.02 (v) and (y), Med 13.03 (1) (c) and Med 13.05 (1) (m) are also repealed. Sections Med 10.02 (2) (z), Chapter Med 13 (title), Med 13.01, 13.02, 13.05 (2), 13.06, 17.02 (2), 19.08 (2) (a), 21.01, 21.02 (2) and 21.03 (1) and (2) (intro.) are amended to remove references to podiatrists.

Text of Rule

SECTION 1. Chapter Med 6 is repealed.

SECTION 2. Med 10.02 (2) (v) and (y) are repealed.

SECTION 3. Med 10.02 (2) (za) is amended to read:

Med 10.02 (2) (za) Failure by a physician, podiatrist or physician assistant to maintain patient health care records consistent with the requirements of ch. Med 21.

SECTION 4. Chapter Med 13 (title) is amended to read:

CONTINUING MEDICAL EDUCATION

FOR PHYSICIANS AND PODIATRISTS

SECTION 5. Med 13.01 is amended to read:

Med 13.01 Authority and purpose. The rules in this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5) (b), 227.11 (2), and 448.13, Stats., and govern the biennial training requirements for physicians and podiatrists as provided under s. 448.13, Stats.

SECTION 6. Med 13.02 is amended to read:

Med 13.02 (1) Each physician or podiatrist required to complete the biennial training requirements provided under s. 448.13, Stats., shall, in each second year at the time of making application for a certificate of registration as required under s. 448.07, Stats., sign a statement on the application for registration certifying that the physician or podiatrist has completed at least 30 hours of acceptable continuing medical educational programs within the 2 calendar years immediately preceding the calendar year for which application for registration is made. The 30 hours of continuing medical education for podiatrists first applies to applications that are submitted to the department to renew a license to practice podiatry that expires on November 1, 1997.

(2) A physician or podiatrist may apply to the board for waiver of the requirements of this chapter on grounds of prolonged illness or disability or other similar circumstances, and each such case will be considered individually on its merits by the board.

SECTION 7. Med 13.03 (1) (c) is repealed.

SECTION 8. Med 13.05 (1m) is repealed.

SECTION 9. Med 13.05 (2) is amended to read:

Med 13.05 (2) RETENTION REQUIREMENT. Evidence of compliance shall be retained by each physician or podiatrist through the biennium for which 30 hours of credit are required for registration.

SECTION 10. Med 13.06 is amended to read:

Med 13.06 Audit. The board may require any physician or podiatrist to submit his or her evidence of compliance to the board during the biennium for which 30 hours of credit are required for registration to audit compliance.

SECTION 11. Med 17.02 (2) is amended to read:

Med 17.02 (2) “Practitioner" means a person holding a license to practice medicine and surgery or to practice podiatry..

SECTION 12. Med 19.08 (2) (a) is amended to read:

Med 19.08 (2) (a) Evaluation and rehabilitative treatment shall be based on a referral from a licensed physician, dentist, psychologist or chiropractor or podiatrist.

SECTION 13. Med 21.01 is amended to read:

Med 21.01 Authority and purpose. The rules in this chapter are adopted by the board under the authority of ss. 15.08 (5) (b), 227.11(2) and 448.40 (1), Stats., to govern the practice of physicians, podiatrists and physician assistants in the preparation and retention of patient health care records.

SECTION 14. Med 21.02 (2) is amended to read:

Med 21.02 (2) “Patient" means a person who receives health care services from a physician, podiatrist or physician assistant.

SECTION 15. Med 21.03 (1) and (2) (intro.) are amended to read:

Med 21.03 (1) A physician, podiatrist or physician assistant shall maintain patient health care records on every patient administered to for a period of not less than 5 years after the date of the last entry, or for such longer period as may be otherwise required by law.

(2) (intro.) A patient health care record prepared by a physician , or podiatrist or physician assistant shall contain the following clinical health care information which applies to the patient's medical condition:

Fiscal Estimate

1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.

Initial Regulatory Flexibility Analysis

These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1)(a), Stats.

Copies of Rule and Contact Person

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Ave., Room 171, P.O. Box 8935, Madison, WI 53708 [phone].

Notice of Hearings

Natural Resources

(Fish, Game, etc., Chs. NR 1--)

[CR 99-97]

Notice is hereby given that pursuant to ss. 29.014, 29.197, 29.041 and 227.11 (2) (a), Stats., interpreting ss. 29.014, 29.041 and 29.197, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 10, Wis. Adm. Code, relating to the 1999 migratory game bird season.

Analysis

The proposed regulations include:

Ducks – The state is divided into 2 zones each with 60-day seasons. The season in both zones begins at noon October 2 and continues for 60 days, closing November 30. The daily bag limit in both zones is 6 ducks, including 4 mallard, of which only one may be a hen, and one canvasback for the entire 60 days in both zones.

Canada geese – The state is apportioned into 3 goose hunting zones: Horicon, Collins and Exterior. Other special goose management subzones within the Exterior Zone include Brown County, Burnett County, New Auburn, Rock Prairie and the Mississippi River. Season lengths are: Collins Zone – 68 days; Horicon Zone – 86 days; Exterior Zone – 21 days; and Mississippi River – 70 days. The Burnett County and New Auburn subzones are closed to Canada goose hunting.

The special youth waterfowl hunt event will be expanded to include nonresident youth hunters with hunter education certificates or the equivalent certification from another state or province.

Initial Regulatory Flexibility Analysis

Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

Environmental Assessment