Statutory authority: s. 227.11 (2), Stats., and s. 440.982 (1) (b), Stats., as amended by 1999 Wis. Act 98.
Statutes interpreted: ss. 440.03 (1) and 440.982 (1) (a) and (b), Stats.
The emergency rule revision to chs. RL 90, 91 and 92 is necessary to implement 1999 Wis. Act 98, relating to educational and examination requirements for massage therapists and bodyworkers. The rules redefine an approved course of instruction to state that a course of instruction may now be approved by the department in addition to being offered by a school approved by the Educational Approval Board under s. 45.54, Stats. Prior to 1999 Wis. Act 98, an approved course of instruction could only be offered by a school approved by the Educational Approval Board.
The rules provide that a course of instruction approved by the department is either: (1) an associate degree program, or a vocational diploma program in massage therapy or bodywork offered by a technical college, or (2) a course of instruction in massage therapy or bodywork offered by a school accredited by an accrediting agency recognized by the U.S. Department of Education, or the Commission on Massage Training Accreditation.
An approved course of instruction must also meet the minimum requirements set forth in s. RL 92.02 (5), consisting of 600 classroom hours satisfying the subject area requirements listed in that section. Additional amendments renumber those remaining sections where affected.
SECTIONS 2, 4 and 6 create definitions of accrediting agency, associate degree program and vocational diploma program.
SECTION 3 renumbers and amends a provision to allow the department to approve a course of instruction authorized by s. 440.982 (1) (b), Stats.
SECTION 7 amends the introduction to s. RL 91.01, removing a reference to a section that is deleted.
SECTION 8 repeals a provision relating to a registration that is no longer offered.
SECTION 9 renumbers and amends a provision relating to an approved course of instruction authorized by s. 440.982 (1) (b), Stats.
SECTION 11 renumbers and amends provisions relating to successful completion of examinations required for registration.
SECTION 13 amends a provision relating to the submitted proof pertaining to completion of an approved course of instruction authorized by s. 440.982 (1) (b), Stats.
SECTION 14 repeals a reference to a formerly approved course of instruction and creates a provision that a course of instruction from a school that is not approved by the educational approval board be from a school that is either a technical college or accredited by an accrediting agency.
SECTION 15 amends provisions to require evidence that the applicant completed a course in adult cardiopulmonary resuscitation.
Publication Date:
September 3, 2000
Effective Date:
September 3, 2000
Expiration Date:
January 31, 2001
Hearing Dates:
October 3, 2000
Revenue
Rules were adopted creating s. Tax 9.69, relating to the Master Settlement Agreement between the state of Wisconsin and tobacco product manufacturers.
Exemption from finding of emergency
Under a nonstatutory provision in 1999 Wis. Act 122, the Department of Revenue is authorized to promulgate an emergency rule. The emergency rule is for the purpose of setting forth the requirements and methods to be used to ascertain the amount of Wisconsin excise tax paid each year on cigarettes of each tobacco product manufacturer that elects to place funds in a qualified escrow fund or, if the department deems it appropriate, is a participating manufacturer under the Master Settlement Agreement between the state and tobacco product manufacturers. The emergency rule shall cover the period from the effective date of 1999 Wis. Act 122, May 23, 2000, to the date a permanent rule becomes effective. (Note: The department is required under s. 895.10 (4), Stats., as created by 1999 Wis. Act 122, to promulgate a rule and is required under a nonstatutory provision to submit a proposed permanent rule to the Legislative Council by September 1, 2000.)
A nonstatutory provision in 1999 Wis. Act 122 provides that the department is not required to provide a finding of emergency or to provide evidence that an emergency rule is necessary for the preservation of the public peace, health, safety or welfare.
The rule is therefore promulgated as an emergency rule without a finding of emergency and without evidence that an emergency rule is necessary for the preservation of the public peace, health, safety or welfare. The rule shall take effect upon publication in the official state newspaper and shall apply retroactively to sales of cigarettes on or after May 23, 2000, as provided in s. 895.10 (2) (intro.), Stats., as created by 1999 Wis. Act 122. Certified copies of this rule have been filed with the Secretary of State and the Revisor of Statutes, as provided in s. 227.24, Stats.
Publication Date:
August 17, 2000
Effective Date:
August 17, 2000
Expiration Date:
January 14, 2001
Hearing Dates:
September 18, 2000
Tobacco Control Board
Rules adopted creating ch. TCB 1
, relating to the administration and awarding of grants for tobacco control and establishing criteria for recipients of the grants.
Statement of Emergency
The Wisconsin Tobacco Control Board finds that an emergency exists and that a rule is necessary for the immediate preservation of the health, safety and welfare of Wisconsin residents, particularly youth and current smokers. A statement of the facts constituting the emergency is as follows:
The health and fiscal impact of tobacco use are well documented. In Wisconsin alone, 7,800 deaths occur each year from tobacco-related disease. In addition, Wisconsin government, residents and health care providers pay over $1.3 billion annually for health care costs associated with tobacco use.
While tobacco's effects are in individuals' futures, immediate action is required to reverse the recent trend toward rising youth addiction and resulting long-term negative health effects of tobacco use. According to the Centers for Disease Control and Prevention, over 3,000 youths begin smoking every day in the United States. In Wisconsin alone, there has been a 19 percent increase in high school tobacco use since 1993, with over 38 percent of high school youth smoking a cigarette in the last month. This increase in youth tobacco use is particularly threatening since over 90 percent of current smokers began smoking before the age of 18. Of the current 1 million smokers in Wisconsin, half will die from tobacco-related diseases such as emphysema, lung cancer, heart disease and stroke.
In addition, tobacco use among specific populations continues to present an ongoing threat to the health of Wisconsin citizens. Wisconsin has a rate of tobacco use among pregnant women that is 30 percent higher than the national average. In addition, the national smoking rate among African-American youth doubled from 14 percent in 1993 to 28 percent in 1997. Finally, the 48% smoking rate of Medicaid recipients is twice the rate of the general population.
The ongoing and emerging health impacts and costs associated with tobacco use necessitate the immediate implementation of the comprehensive initiative to address tobacco use in Wisconsin.
The Board, through this order, is creating chapter TCB 1 relating to the Board's administering and awarding grants for tobacco control and establishing criteria for recipients of the grants. The rule is being promulgated under the authority of s. 255.15 (1m), Stats., for the purpose of establishing criteria, procedures, requirements and conditions for the award of project grants from the appropriation under s. 20.436 (1) (tc), Stats., to organizations that operate or propose to operate programs reducing tobacco use by preventing tobacco use, promoting tobacco use cessation and eliminating environmental tobacco smoke.
Publication Date:
November 7, 2000
Effective Date:
November 7, 2000
Expiration Date:
April 6, 2001
Hearing Dates:
January 10, 2001
Statements of scope of proposed rules
Agriculture, Trade and Consumer Protection
Subject
Cheesemakers Licenses
Description of Policy Issues
Current department rules prescribe the qualifications needed to be eligible to obtain a cheesemaker's license. Section ATCP 69.02, Wis. Adm. Code, specifically requires experience in cheesemaking. These rules have been in effect for many years and need to be updated. The department proposes to modify the rule to allow for an alternative adult learning method to meet the experience requirement. Although the proposed alternative experience requirements would differ from current requirements, these alternative experience requirements will be equivalent in their objectives, content and rigor.
Wisconsin is the only state which requires that cheesemakers be licensed to engage in that occupation. This requirement has been in effect since 1929.
Prices paid for producer milk are volatile and dairy producers would like to be able to pursue direct marketing opportunities. There is increasing consumer demand for specialty and farmstead cheese. For these reasons, milk producers would like to be able to add value to their products on the farm. Some of these milk producers would like to make cheese from their milk and sell it directly to consumers and restaurants. However, the current experience requirements make it impractical for most producers to obtain the cheesemaking experience needed as a prerequisite to processing cheese at a dairy plant located on their farm.
Developing an adult education method for obtaining cheesemaking experience requirements would allow milk producers to meet the requirements by attending approved university level courses while concurrently working as a milk producer. These courses would be prescribed by the rule. The rule would also include a required period of actual cheesemaking experience in a cheese factory.
Policy alternatives:
• Do nothing. This alternative would frustrate the efforts of some milk producers to produce value-added products on their farms. Wisconsin milk producers are effectively prevented from benefiting from increased consumer demand for specialty and farmstead cheese.
• Eliminate the requirement to hold a cheesemakers license when making cheese. This alternative would allow milk producers (and anyone else) to make cheese without a license. This alternative may dilute Wisconsin's cheesemaking expertise and ultimately adversely impact the quality and safety of cheese manufactured in Wisconsin.
Statutory Authority
The department proposes to develop cheesemaker license rules under authority of ss. 93.07 and 97.17, Stats. The rules would interpret s. 97.17, Stats.
Staff Time Required
The department estimates that it will require approximately 0.25 FTE staff time to develop this rule. This includes research, drafting, preparing related documents, holding public hearings and communicating with affected persons and groups. The department will assign existing staff to develop this rule.
Agriculture, Trade and Consumer Protection
Subject
Plant Inspection and Pest Control
Description of Policy Issues
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) administers plant pest control rules, including Japanese beetle import restrictions. The Japanese beetle has infested over half of all U.S. states. Current DATCP rules restrict imports of certain plants, soil and other materials from infested states. Before a person may import regulated materials to Wisconsin from an infested state, a pest control official from the infested state must inspect and certify that the materials are free of Japanese beetles.
Despite these import restrictions, the Japanese beetle has now infested Wisconsin. Continued import restrictions may therefore serve no useful purpose, and may unnecessarily impede interstate commerce. Wisconsin's current import restrictions are also inconsistent with the U. S. Harmonization Plan on Japanese Beetle Regulations, published by the National Plant Board.
The U. S. Harmonization Plan suggests uniform state regulatory standards for Japanese beetle. Generally speaking, the plan contemplates regulation of shipments from infested states to non-infested states. The plan does not contemplate regulation of shipments to infested states, because those regulations may serve no useful purpose and may impose unnecessary costs on interstate commerce. The plan is a suggested guideline for states, and is not legally binding on them. Wisconsin's current import restrictions, while not prohibited by the U.S. Harmonization Plan, are inconsistent with the plan guidelines.
DATCP proposes to eliminate the current Japanese beetle import restrictions, which may no longer serve a useful purpose. DATCP will continue to provide export certification services to persons who wish to export regulated materials from Wisconsin to non-infested states. DATCP also proposes to make minor or non-substantive technical changes to current pest control rules.
Policy alternative:
• No change. If DATCP takes no action, the current Japanese beetle import restrictions will remain in effect. Since the Japanese beetle has already infested Wisconsin, the current import restrictions may serve no useful purpose and may unnecessarily impede interstate commerce. Technical defects in the current rules will also go unremedied.
Statutory Authority
The department proposes this rule under authority of ss. 93.07(1) and (12) and 94.01(1), Stats.
Staff Time Required
The department estimates that it will use approximately 200 hours of staff time to develop this rule change. This includes research, drafting, preparing related documents, holding public hearings, coordinating advisory council discussions, and communicating with affected persons and groups. The department will assign existing staff to develop this rule.
Health and Family Services
Subject
Birth Defect Prevention and Surveillance System
Description of Policy Issues
1999 Act 114 replaced the Birth Defect Outcome and Monitoring Program with what is known in Act 114 as the Birth Defect Prevention and Surveillance System. The new system has several differences from the previous reporting program:
1. The definitions of reportable conditions under Act 114 differ from the old statute language. The proposed rule recreation must specify the birth defects that are a structural deformation, disruption or dysplasia, or a genetic inherited or biochemical disease.
2. Only infants and defects up to the age of 2 will be required to be reported to the Department.
3. The list of persons required to report a birth defect to DHFS will be expanded beyond physicians to include hospitals and pediatric specialty clinics.
4. The rules will specify the content, format, and procedures for submitting a report to the Department necessary for the Department's establishing and maintaining an up-to-date registry of birth defects.
5. Act 114 creates an entity known as the Council on Birth Defect Prevention and Surveillance for the purpose of making recommendations to the department regarding the establishment of the registry and the Department's administrative rules and the content of the reports required from medical care providers.
6. Beginning in April 2002, the Council is to biennially report to the legislature on the effectiveness of the registry.
7. Create a mechanism to assure confidentiality by requiring parental or guardian written consent before reporting or releasing an infant's name and address.
Statutory Authority
Sections 253.12 and 227.11 (2), Stats.
Staff Time Required
