(Fire Department Safety and Health, Ch.
Comm 30)
(reprinted to correct hearing time information)
NOTICE IS HEREBY GIVEN that pursuant to s.
101.055 (3), Stats., the Department of Commerce announces that it will hold public hearings on proposed rules relating to fire department safety and health.
The public hearings will be held as follows:
Date and Time
|
Location
|
Tuesday, June 5, 2001
10:00 a.m.
|
Room 3B, Thompson
Commerce Center
201 W. Washington Avenue
Madison
|
Friday, June 8, 2001
11:00 a.m.
|
Room 105, Eau Claire State Office Building
718 W. Clairemont Avenue
Eau Claire
|
Interested persons are invited to appear at the hearings and present comments on the proposed 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 proposed rulemaking will remain open until June 22, 2001, 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 Ronald Acker, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) 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.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings
Division website at:
www.commerce.state.wi.us/SB/SB-HomePage.
Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Analysis of Proposed Rules
The Department of Commerce is responsible for adopting standards to protect the safety and health of public employees in the state of Wisconsin. The adopted standards must provide protection at least equivalent to that afforded to private sector employees under standards administered and enforced by the federal Occupational Safety and Health Administration (OSHA).
Chapter
Comm 32 currently contains general safety and health standards for all public sector employees, and ch.
Comm 30 contains additional safety and health standards for public sector fire department employees. The proposed rules consist of revisions in ch.
Comm 30.
The purpose, scope and application of ch.
Comm 30 are revised in order to clarify the coverage of the chapter and the relationship of ch.
Comm 32. All of the NFPA standards incorporated by reference in ch.
Comm 30 are updated to the current editions, and the rules for protective clothing and equipment are revised to reflect the new NFPA standard on protective ensemble for structural fire fighting.
The rule for the rescue of members is revised by clarifying the activities that the back-up team members may perform at the fire scene. The rule relating to the physical and medical capabilities of fire fighters is revised by requiring the employer, rather than the fire chief, to assure that fire fighters are physically capable of performing assigned duties. The proposed rules also include a new subchapter in order to clarify the ch.
Comm 32 requirements that apply to several miscellaneous emergency operations performed by fire departments.
The proposed rules have been developed with the assistance of the Fire Department Safety and Health Advisory Council. The members of that citizen advisory council are as follows:
Name
|
Representing
|
Todd Blaser
|
Fire & EMS Legislative Leadership Coalition
|
Michael Drury
|
Professional Fire Fighters of Wisconsin
|
John W. Fulcher
|
Wisconsin Society of Fire Service Instructors
|
Steven Krause
|
Wisconsin State Fire Fighters Assn.
|
Tim McGrath
|
Wisconsin State Fire Chiefs Assn. (Career Dept.)
|
Randy Pickering
|
Wisconsin State Fire Chiefs Assn. (Combination Dept.)
|
Carl Weber
|
Wisconsin State Fire Chiefs Assn. (Volunteer Dept.)
|
NOTICE IS HEREBY GIVEN that the Department has considered the environmental impact of the proposed rules. In accordance with ch.
Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exists. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rules will not affect any small businesses as defined in section
227.114 (1) (a), Stats. The proposed rules apply to public sector employers and employees.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Not applicable.
3. Types of professional skills necessary for compliance with the rules.
Not applicable.
Fiscal Estimate
The Safety and Buildings Division currently administers and enforces the provisions of ch.
Comm 30 as part of the public sector safety and health program. The proposed rules update and clarify the existing administrative rules now being enforced, and there are no new requirements to affect costs or revenues. Therefore, the proposed rules will not have any fiscal effect on the Division or on local governments.
Notice of Hearing
Health and Family Services
Notice is hereby given that pursuant to ss.
153.75 (1) and
227.11 (2) (a), Stats., the Department of Health and Family Services will hold a public hearing to consider the proposed revision of ch.
HFS 120, relating to the collection, analysis and dissemination of health care information.
Hearing Information
The public hearings will be held:
Date & Time Location
June 20, 2001 Best Western Midway
Wednesday 2901 Martin Avenue
10 a.m. to noon Wausau WI
June 21, 2001 Department of Administration Building
Thursday Room 4B
11 a.m. to 1 p.m. 101 E. Wilson Street
Madison WI
The hearing sites are accessible to people with disabilities.
Analysis Prepared by the Department of Health & Family Services
Under ch.
153, Stats., the Department of Health and Family Services is responsible for collecting, analyzing and disseminating a variety of health care data. In 2000, the Department substantially revised ch.
HFS 120 to implement changes to ch.
153, Stats., included in
1997 Wis. Act 231 and
1999 Wis. Act 9. The principal purpose of this proposed rulemaking order is to incorporate the Department's proposed extension of its data collection, analysis and dissemination activities to hospital emergency departments. To support these activities, the Department is also proposing rules that will give the Department the authority to assess fees on hospitals to cover the Department's additional data-related expenses.
The proposed rulemaking order also makes minor administrative changes to ch.
HFS 120 to address Department organizational changes, amend providers' trading partner agreements, and revise the procedure under which providers submit data to the Department. Specifically, the Department proposes to amend references to a section of the Department that no longer exists; clarify that providers using qualified vendors to submit data to the Department must submit original and notarized copies of trading partner agreements; and make more general in rule the means by which providers submit data to the Department by specifying the electronic submission of data instead of submission via the internet. Finally, in section 3 of the proposed rulemaking order, the Department proposes to modify hospital rate increase reporting requirements by requiring hospitals to express the price increases as annualized percentages.
Contact Person
To find out more about the hearing or to request a copy of the rules, write or phone:
Judith Nugent
Bureau of Health Information
Division of Health Care Financing
P.O. Box 7984
Madison, Wisconsin 53707-7984
(608)266-2863 or,
if you are hearing impaired,
(608) 261-7798 (TDD)
If you are hearing or visually impaired, do not speak English, or have circumstances which might make communication at a 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 shown above. A person requesting a non-English or sign language interpreter should contact the person at the address or phone number given above 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 June 29, 2001 will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
The rules are being modified to implement the statutory changes included in
1997 Wis. Act 231, which authorizes DHFS to begin collecting data from Wisconsin hospitals on each emergency department (ED) patient. Responsibility for that data collection has been assigned to the Division of Health Care Financing, Bureau of Health Information (BHI). Wisconsin Act 231 also grants the Department the authority to assess hospitals for the associated costs involved. The authorizing statute created and funded a 1.0 FTE research technician position to log, edit and process the emergency department data as submitted. These changes detail the requirements for collecting emergency department information from hospitals with emergency departments. The rules provide for assessing hospitals from which data are collected for the costs of collection, database development and maintenance, generation of data files and standard reports, orientation and training and the expenses of the Board of Health Care Information.
Under the revised rules, BHI increases operating costs by $40,200 for 1.0 FTE PR position. The additional costs include other BHI staff support, office space, systems development costs and support and the maintenance of data files along with the generation of data files and standard reports. The costs of orientation and training and the expenses of the Board of Health Care Information also contribute toward the remaining $34,800.
Assessments would be added to the annual hospital assessment. Seventy-five thousand dollars would only be collected from hospitals with emergency departments based on an approved formula. Future assessments will vary as revenues increase from the sale of data.
There are no local government costs. A copy of the full fiscal estimate may be obtained from Sandy Breitborde who may be contacted via the contact information provided in this notice.
Initial Regulatory Flexibility Analysis
The proposed rules affect hospitals, freestanding ambulatory surgery centers and physicians. Six hospitals meet the s.
227.114 (1), Stats., definition of a “small business." In addition, the Department estimates that approximately 2,400 to 2,800 physician practices that would be required to submit data under these proposed rules have fewer than 25 employees. The Department does not have data from ambulatory surgery centers that allow an estimate of which centers may be characterized as “small businesses." Many centers are located at a medical clinic or hospital.
The proposed rules add a category of data associated with emergency departments to the data already periodically submitted by hospitals. Therefore, no new reporting or bookkeeping procedures or new professional skills are required for compliance with the proposed rule.
To accommodate entities that can meet the s.
227.114 (1), Stats., definition of a “small business," the rules propose applying a
less stringent standard for a physician who does not currently submit electronic claims. In addition, the rule proposes that the Department may grant an exception to the data submission requirements for a physician who submits an affidavit of financial hardship and supporting evidence demonstrating financial inability to comply with the requirements of the rules.
Section
227.114, Stats., requires agencies to consider whether any of the following methods can be employed for reducing the effect of rulemaking orders on small businesses:
•
Establishing less stringent compliance or reporting requirements;
•
Establishing less stringent schedules or deadlines for compliance or reporting requirements;
•
Consolidating or simplifying compliance or reporting requirements;
•
Establishing performance standards to replace design or operational standards required in the rule; and
•
Exempting small businesses from any or all requirements of the rule.
With respect to hospitals meeting the definition of “small business," the Department cannot do any of the preceding because doing so would be impractical insofar as it would negate the Department's ability to create a timely and complete set of emergency department data.
Notice of Proposed Rules
Health & Family Services
Notice is hereby given that pursuant to ss.
146.50 (5) (b) and
(d) 1.,
(6) (b) 2. and
(c) (intro.),
(6n),
(8m) and
(13) (a) and
(c) and
250.04 (7), Stats., and according to the procedures set forth in s.
227.16 (2) (e), Stats., the Department of Health and Family Services will amend ss. HFS 110 (title), 110.02, 110.03 (25) and (54), 110.05 (4) (b) 3., 110.06 (title), (1) (title) and (2) (title), 110.06 (3) to (5) and Note, 110.07 (3) (b) (intro.), 110.09 (1) (intro.), 110.09 (2) (a) and 110.09 (6), and create ss.
HFS 110.03 (42m),
110.07 (1) (c) 6m. and
6r. and
110.06 (2m), relating to licensing of ambulance service providers and licensing of emergency medical technicians-basic and emergency medical technicians-basic IV, as herein proposed, without public hearing, unless a petition for a hearing is received by the Department within 30 days after the publication of this notice on
June 1, 2001. A petition for a hearing will be accepted if signed by any of the following who will be affected by the proposed rule: 25 persons; the representative of an association that represents a farm, labor, business or professional group; or a municipality.
Contact Person
If you have any questions about this rule or about filing a written petition for a hearing, contact Jon Morgan, Bureau of Emergency Medical Services, P.O. Box 2659, Room 118, Madison, WI 53701-2659, 608-266-9781.
Analysis Prepared by the Department of Health & Family Services
Chapter
HFS 110 concerns the licensing of ambulance service providers, the certification of training centers, and the licensing and training of emergency medical technicians at the EMT-basic and EMT-basic IV levels of ability. Although the current rules recognize an EMT-basic IV licensure level, the current rules omit provisions providing for the Department's ability to issue EMT-basic IV training permits. The principal purpose of this proposed rulemaking order is to correct this oversight. The rulemaking order also proposes deleting the requirement to administer specific concentrations of epinephrine for anaphylactic shock.
Text of Proposed Rules
SECTION 1. Chapter
HFS 110 (title) is amended to read:
HFS 110 Licensing of Ambulance Service Providers and Emergency Medical Technicians-Basic and Basic IV
SECTION 2. HFS 110.02 is amended to read:
HFS 110.02 Applicability. This chapter applies to all applicants for and holders of an ambulance service provider license, an EMT-basic or EMT-basic IV license or an EMT-basic or EMT-basic IV training permit.
SECTION 3. HFS 110.03 (25) is amended to read:
HFS 110.03 (25) “Epinephrine" means the administration of epinephrine in a concentration of 1:1000 for signs and symptoms of anaphylactic shock using an auto-injector or other approved administration device.
