Section 3. HA 2.05 (1) (g) and (h) are created to read:
HA 2.05 (1) (g) In extended supervision cases under s. 302.113 (9) (a), Stats., the department's recommended period of incarceration.
(h) In extended supervision cases under s. 302.114 (9) (a), Stats., for persons serving a life sentence, the department's recommended period of time for which the person shall be incarcerated before being eligible for release to extended supervision.
Section 4. HA 2.05 (7) (d) is amended to read:
HA 2.05 (7) (d) The administrative law judge shall issue a written decision based upon the evidence with findings of fact and conclusions of law stating the reasons to revoke or not revoke the client's probation or parole supervision.
SECTION 5. HA 2.05 (7) (f) and (g) are renumbered HA 2.05 (7) (h) and (i).
Section 6. HA 2.05 (7) (f) and (g) are created to read:
HA 2.05 (7) (f) If an administrative law judge decides to revoke a period of extended supervision under s. 302.113 (9) (a), Stats., the Administrative Law Judge shall include a determination of the period of incarceration taking into consideration the following criteria:
1.
The nature and severity of the original offense;
2.
The client's institutional conduct record;
3.
The client's conduct and behavior while on parole;
4.
The amount of incarceration that is necessary to protect the public from the risk of further criminal activity, to prevent the undue depreciation of the seriousness of the violation or to provide confined correctional treatment.
(g) If an administrative law judge decides to revoke a period of extended supervision for a person serving a life sentence under s. 302.114 (9) (a), Stats., the decision shall consider the criteria established in s. HA 2.05 (7) (f), and shall include a determination of the period of time for which the person shall be incarcerated before being eligible for release to extended supervision.
Initial Regulatory Flexibility Analysis
The proposed revisions will have no impact on small business.
Fiscal Estimate
There is no fiscal effect.
Contact Information
The agency person responsible for the internal processing of these rules and the person to be contacted if there are any substantive questions on the rules is:
William J. Lundstrom, Assistant Administrator
5005 Univ. Ave. #201
Madison, WI 53705
(608) 266-7668
FAX: (608) 264-9885
Submission of Written Comments and Materials:
Written comments and materials in addition to or instead of verbal testimony at the public hearing may be submitted to the Division by May 18, 2001 at the above address.
Notice of Hearing
Insurance
Notice is hereby given that pursuant to the authority granted under s. 601.41(3), Stats., and the procedure set forth in under s. 227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting ss. Ins 17.01(3), 17.28(6) and 17.28(6a), Wis. Adm. Code, relating to annual patients compensation fund fees and mediation fund fees for the fiscal year beginning July 1, 2001.
Hearing Information
Date: May 16, 2001
Time: 9:00 a.m.,
or as soon thereafter as the matter may be reached
Place: Room 23, OCI, 121 East Wilson Street
Madison, WI
Written comments on the proposed rule will be accepted into the record and will receive the same consideration as testimony presented at the hearing if they are received at OCI within 2 days following the date of the hearing. Written comments should be addressed to: Alice M. Shuman-Johnson, OCI, PO Box 7873, Madison WI 53707
Summary of Proposed Rule & Fiscal Estimate
For a summary of the rule see the analysis contained in the attached proposed rulemaking order. There will be no state or local government fiscal effect. The full text of the proposed changes and the fiscal estimate are attached to this Notice of Hearing.
Analysis prepared by the Office of the Commissioner of Insurance
Statutory authority: ss. 601.41 (3), 655.004, 655.27 (3) (b), and 655.61
Statute interpreted: s. 655.27 (3)
The commissioner of insurance, with the approval of the board of governors (board) of the patients compensation fund (fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the fund. This rule establishes those fees for the fiscal year beginning July 1, 2001. These fees represent a 20% decrease compared with fees paid for the 2000-01 fiscal year. The board approved these fees at its meeting on February 28, 2001, based on the recommendation of the board's actuarial and underwriting committee.
The board is also required to promulgate by rule the annual fees for the operation of the patients compensation mediation system, based on the recommendation of the director of state courts. This rule implements the director's funding level recommendation by establishing mediation panel fees for the next fiscal year at $ 38.00 for physicians and $2.00 per occupied bed for hospitals, representing no increase from 2000-01 fiscal year mediation panel fees.
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Contact Person
A copy of the full text of the proposed rule changes and fiscal estimate may be obtained from the OCI internet WEB site at
http://www.state.wi.us/agencies/oci/ocirules.htm or by contacting Tammi Kuhl, Services Section, Office of the Commissioner of Insurance, at (608) 266-0110 or at 121 East Wilson Street, PO Box 7873, Madison WI 53707-7873.
Notice of Hearing
Medical Examining Board
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 (1), Stats., and interpreting s. 961.16 (5), Stats., the Medical Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. Med 10.02 (2) (s) (intro.) and (zb) (intro.), relating to prescribing or dispensing schedule II amphetamines or schedule II anorectics.
Hearing Date, Time and Location
Date: May 16, 2001
Time: 8:30 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing:
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 May 30, 2001 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 448.40 (1).
Statute interpreted: s. 961.16 (5).
In this proposed rule-making order the Medical Examining Board clarifies the conflict between prohibiting the prescribing or dispensing of Schedule II amphetamines except for certain specified purposes, and permitting the prescribing or dispensing of Schedule II anorectics for weight control if certain conditions are met. The board eliminates the reference to Schedule II anorectics in s. Med 10.02 (2) (zb), in order to clarify the situation, because there is no Schedule II anorectic that is not an amphetamine or sympathomimetic amine. Stimulants currently listed in ch. 961, Stats., as Schedule II substances include amphetamine, methamphetamine, pentobarbital and methylphenidate. Amphetamine and methamphetamine are amphetamines, and pentobarbital is a sympathomimetic amine. Accordingly, methamphetamine (Ritalin®) is the only Schedule II stimulant which is not also an amphetamine or sympathomimetic amine, and methylphenidate is not classified as an anorectic. As to the question whether anorectic stimulant drugs currently listed in Schedule III or IV may be elevated to Schedule II, there are not any sympathomimetic amines so as to fall within the requirements of the amphetamine rule if raised to Schedule II.
Text of Rule
SECTION 1. Med 10.02 (2) (s) (intro.) and (zb) (intro.) are amended to read:
Med 10.02 (2) (s) (intro.) Prescribing, ordering, dispensing, administering, supplying, selling, or giving any amphetamine, or sympathomimetic amine drug or compound designated as a schedule II controlled substance pursuant to the provisions of s. 961.16 (5), Stats., to or for any person except for any of the following:
(zb) (intro.) Prescribing, ordering, dispensing, administering, supplying, selling or giving any anorectic drug designated as a schedule II, III, IV or V controlled substance for the purpose of weight reduction or control in the treatment of obesity unless each of the following conditions is met:
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 a substantial number of 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 Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708, (608) 266-0495.
Notice of Hearing
Medical Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Medical Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 448.05 (6), Stats., and interpreting s. 448.05 (6), Stats., the Medical Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. Med 1.06 (3) (b), relating to the United States Medical Licensing Examination (USMLE).
Hearing Date, Time and Location
Date: May 16, 2001
Time: 8:30 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing:
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 May 30, 2001 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 448.40 (1).
