August 17, 1999 Conference Room 3B
Tuesday 201 W. Washington Ave.
2:00 p.m. Madison, WI
Interested persons are invited to appear at the hearing and present comments on the emergency rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this rulemaking will remain open until August 22, 1999, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Richard Meyer (608-266-3080), Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689.
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or TTY at (608) 264-8777 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Analysis
Statutory Authority: ss. 560.31, 560.34 (1m) (b), and 227.24
Statutes Interpreted: ss. 560.31, 560.34 (1m) (b), and 227.24
On June 17, 1999, the Department of Commerce (Commerce) held a public hearing on proposed rules in response to 1997 Wis. Act 215. That act provides tax credits to persons that make certain investments in certified capital companies that are certified by Commerce. Legislators and persons interested in the rules testified at the hearing and requested that Commerce adopt an emergency rule that would (1) allow persons to apply for certification to become certified as capital companies, (2) allow persons to apply to make a certified capital investment in a certified capital company, and (3) set forth the operational and reporting requirements of certified capital companies required under the law. Since then, articles in the newspaper as well as business journals have pointed out the lack of venture capital in the state hinders high-tech growth and making that capital available will benefit Wisconsin as it has done in other states. This emergency rule is necessary to begin implementation of the law and to place Wisconsin in a better position to make capital available to draw high-tech industries, create new businesses, and expand existing businesses that will ultimately create new jobs and benefit all its citizens.
Contact Person
Philip Edw. Albert, Deputy Secretary, 608-267-0770
Fiscal Estimate
The 1997 Wis. Act 215, authorizes the creation of a certified capital company program and provides tax credits to persons who make certain types of investments in certified capital companies (CAPCOs). The act authorizes the Department of Commerce (Commerce) to administer the program and creates a program revenue appropriation in which fees and other monies collected for administering the program are deposited. As required by the law and rules Commerce will: (1) certify capital companies; (2), certify qualified businesses; (3) review annual reports and financial statements; (4) make written determinations regarding certified capital company distributions; 95) conduct annual compliance reviews of certified capital companies; and (6) determine and issue written notices of investment pool disqualification's.
Based on limited data, Commerce estimates it will certify approximately 16 CAPCO's and the program will generate approximately $120,000 in program revenue from; (1) a $7,500 application fee from a capital certified company seeking certification and (2) an annual $5,000 certification fee.
Commerce estimates 2.0 PR positions at an annual cost of$100,700 are required to administer the program. The costs are broken down as follows:
1.0 Financial Examiner $45,000
(Salary and Fringe Benefits)
1.0 Financial Specialist $33,000
(Salary and Fringe Benefits)
Supplies and Services $ 1,800
Rent $ 4,200
Department Overhead Charges $ 16,200
Total $100,700
No costs are anticipated by this program on local government.
Notice of Hearing
Dentistry Examining Board
Notice is hereby given that pursuant to authority vested in the Dentistry Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and s. 447.02 (2) (d), Stats., as created by 1997 Wis. Act 96, and interpreting s. 447.06 (2) (e) 1. and 3., Stats., the Dentistry Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s. DE 3.04, relating to the oral systemic premedications and subgingival sustained release chemotherapeutic agents that may be administered by a licensed dental hygienist.
Hearing Information
September 1, 1999 Room 179A
Wednesday 1400 East Washington Ave.
9:30 a.m. MADISON, WI
Written Comments
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 Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by September 15, 1999 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 447.02 (2) (d)
Statute interpreted: s. 447.06 (2) (e) 1. and 3.
This proposed rule-making order of the Dentistry Examining Board adopts rules mandated under 1997 Wis. Act 96, respecting the oral systemic premedications and subgingival chemotherapeutic agents that may be administered by a dental hygienist upon the delegation of a dentist. Under the Act, the scope of practice of a dental hygienist is expanded to permit the administration of oral systemic premedications and subgingival chemotherapeutic agents, pursuant to a treatment plan approved by a dentist who is present in the dental facility when the medications are provided and who is available throughout the completion of the patient's appointment. The proposed rules permit a dentist to determine, in his or her professional judgment, the specific medications that may be administered to a patient by a dental hygienist.
Text of Rule
SECTION 1. DE 3.04 is created to read:
DE 3.04 Oral systemic premedications and subgingival sustained release chemotherapeutic agents. (1) “Oral systemic premedications" means antibiotics that are administered to patients prior to providing dental or dental hygiene services in order to mitigate against the risk of patients developing a bacterial infection. A dentist may delegate to a dental hygienist the administration of any oral systemic prophylactic antibiotic premedications.
(2) “Subgingival sustained release chemotherapeutic agents" means medications that are applied under the gum tissue in periodontal pockets to treat periodontal, or gum, disease.
(3) A dentist may delegate to a dental hygienist the administration of oral systemic premedications and subgingival sustained release chemotherapeutic agents to patients only if all of the following conditions are met:
(a) The administration is performed pursuant to a treatment plan for the patient approved by a dentist.
(b) The dentist remains on the premises in which the administration is performed and is available to the patient throughout the completion of the appointment.
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: $1,000.00. These rules would require the development and printing for new applications for this certification. There would also be administrative costs to process these applications. The agency estimates these costs at approximately $1,000.00 to start this certification requirement.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Information
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 Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Health & Family Services
(Medical Assistance,
Chs. HFS 101-108)
Notice is hereby given that, pursuant to s. 49.45 (10), Stats., the Department of Health and Family Services will hold a public hearing to consider the amendment of s. HFS 105.39 (4) (b) 3., relating to refresher training in cardiopulmonary resuscitation (CPR) and first aid for drivers of specialized medical vehicles (SMVs) under the Medical Assistance program, and the emergency rule now in effect on the same subject.
Hearing Information
September 1, 1999 Room B139
Wednesday State Office Building
From 10 a.m. to 12 noon 1 West Wilson Street
MADISON, WI
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Department of Health and Family Services
The Department's rules for certification of specialized motor vehicle (SMV) providers under the Medical Assistance (MA) program include requirements for SMV drivers. Among current requirements is that each driver must receive training in first aid and cardiopulmonary resuscitation (CPR) before driving a vehicle or serving as an attendant and must receive refresher training in first aid every 2 years and refresher training in CPR annually. The specific requirements for refresher training date from December 1, 1994. When revising its rules for SMV providers earlier in 1994 the Department proposed to require refresher training every 2 years for both first aid and CPR, but at the public hearings on the proposed rules 5 SMV providers said the CPR refresher training should take place annually and the Department agreed and made that its requirement.
Although the American Red Cross CPR training and certification that the person is trained continue to be annual, the equivalent American Heart Association CPR training and certification (the American Heart Association prefers “recognition" to “certification") is now every 2 years. This means that to comply with the Department's current MA rule for SMV drivers, s. HFS 105.39 (4) (b) 3., drivers who receive their training from the American Heart Association must repeat the training each year. That is unnessary for maintenance of American Heart Association certification (recognition) and the time and expense involved is a burden on SMV providers and drivers. The Department is modifying the rule through this order to simply require that drivers maintain CPR certification.
The Department through this order is also changing the requirement for refresher training in first aid from every 2 years to at least every 3 years. That is because the American Red Cross certification in first aid is now for 3 years. A requirement for more frequent refresher training in first aid is a burden in time and expense involved for SMV providers and drivers.
Section HFS 105.39 (4) (b) 3. was amended by emergency order effective July 3, 1999. This permanent order makes the identical changes in the rule.
Text of Rule
SECTION 1. HFS 105.39 (4) (b) 3. is amended to read:
HFS 105.39 (4) (b) 3. Each driver shall receive refresher training in first aid at least every 2
3 years and refresher training in CPR annually shall maintain CPR certification. A driver who is an emergency medical technician licensed under ch. HFS 110, 111 or 112, a licensed practical nurse, a registered nurse or a physician assistant shall be considered to have met this requirement these requirements by completion of continuing education which includes first aid and CPR.
Contact Person
To find out more about the hearing, write, phone or E-mail:
Alfred Matano
Division of Health Care Financing
P.O. Box 309, Room 350
Madison, WI 53701-0309
(608) 267-6848 or,
if you are hearing impaired,
