Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the November 30, 2001 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Commerce
(CR 01-070)
An order affecting ch. Comm 113, relating to allocation of volume cap on tax-exempt private activity bonds.
Effective 12-1-01
Summary of Final Regulatory Flexibility Analysis
The proposed rules are not expected to have any impact on small businesses except for businesses located within the state that desire to obtain the economic benefit of industrial revenue bond financing using the volume cap allocated by the Department of Commerce
Summary of Comments of Legislative Standing Committees
No comments received.
Controlled Substances Board
(CR 01-071)
An order affecting ch. CSB 2, relating to the scheduling of Dihydroetorphine under ch. 961, Stats., the Uniform Controlled Substances Act.
Effective 12-1-01
Summary of Final Regulatory Flexibility Analysis
This rule will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114, Stats.
Summary of Comments of Legislative Standing Committees
No comments received.
Funeral Directors Examining Board
(CR 01-063)
An order affecting chs. FD 1 and 4, relating to apprenticeship credit and continuing education.
Effective 12-1-01
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114, Stats.
Summary of Comments of Legislative Standing Committees
No comments received.
Health and Family Services
(CR 00-091)
An order affecting ch. HFS 112, relating to licensing of emergency medical technicians-paramedic and approval of emergency medical technician-paramedic operational plans.
Effective 12-1-01
Summary of Final Regulatory Flexibility Analysis
These rules apply to the following organizations: the Department of Health and Family Services, the Division of Hearings and Appeals in the Department of Administration, ambulance service providers and emergency medical technicians.
There are 14 ambulance service providers that may be "small businesses" as defined in s. 227.114 (1) (a), Stats. These rules implement new requirements, but any additional training costs are covered by the department and there should be no additional expenses for businesses.
Summary of Comments of Legislative Standing Committees
On June 6, 2001, the Senate Committee on Health, Utilities, Veterans and Military Affairs met in executive session and voted 7-2 to object in part to Clearinghouse Rule 00-091. The Senate Committee objected to a portion of proposed s. HFS 112.07 (2) (u) 1. a. In part, the objected to portion of the rule authorized a two-paramedic service provider to dispatch the paramedics from separate sites and, under certain circumstances, authorized one of the two responders to be released for other duty while the other responder would return with the patient. The objected to portion of the rule also specified the actions a single paramedic could perform until the arrival of the second responder.
As a result of the Senate Committee action, the Joint Committee for Review of Administrative Rules (JCRAR) was required to nonconcur in the standing committee's partial objection or object to the rule itself. As part of the deliberations over this matter, JCRAR and DHFS agreed that the Department would consider making modifications to the rule. Following receipt of the modifications, the issues before JCRAR were (1) whether an emergency medical technician-paramedic operational plan should require the participation of two responders together from the time of dispatch to the time of return and (2) what services should be provided if another paramedic arrived at the scene of an emergency prior to the arrival of an ambulance.
The Joint Committee for Review of Administrative Rules held a public hearing and executive session on July 18, 2001. At that time the JCRAR requested modifications to the rule. The Department submitted modifications on August 16, 2001 and the Committee met in executive session on August 30, 2001. At the August 30th executive session, the Committee voted 6-4 to object to part of the rule because, under s. 227.19 (4) (d) 2. and 6., Stats., it constituted an emergency relating to public health, safety and welfare and because it was arbitrary and capricious and imposed an undue hardship. The portion of the rule to which the Committee objected is in modified s. HFS 112.07 (2) (u) 1. a., beginning with the second sentence and continuing to the end of the subdivision paragraph. This action rejected the Department's attempt to move away from the two-person team currently required in an emergency medical technician-paramedic operational plan. JCRAR met again on September 20, 2001 in executive session and voted to rescind a part of its objection to Clearinghouse Rule 00-091. By taking this partial recission of its previous action, the Joint Committee restored the following language to the rule: "A single paramedic, licensed registered nurse, licensed physician assistant, or physician performing in the staffing configuration specified in this paragraph may perform all of the skills authorized under s. HFS 112.04 (4) for EMTs-paramedic." On September 20, 2001, the Joint Committee voted 8-2 to introduce LRB 3716/2 and 3717/2 to sustain its objection to the rule.
While the ultimate legislative outcome remains to be decided, the Department is proceeding to file all but the objected to portion of the rule. Based on the legislative outcome, the Department may subsequently file the remainder of the rule.
Insurance
(CR 00-169)
An order affecting ch. Ins 18, relating to health benefit plan grievance requirements and independent review organizations.
Effective 12-1-01
Summary of Final Regulatory Flexibility Analysis
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
No comments received.
Natural Resources
(CR 00-112)
An order affecting ch. NR 7, relating to the recreation boating facilities program.
Effective 12-1-01
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not regulate small business; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
The proposed rule was reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environmental Resources. On March 15, 2001, the Senate Committee on Environmental Resources voted to ask the Department to modify s. NR 7.088. The Department is working on proposed modifications and is proceeding with processing the portion of the rule that did not need to be modified.
Natural Resources
(CR 01-007)
An order affecting chs. NR 5 and 50, relating to boating safety and enforcement.
Effective 12-1-01
Summary of Final Regulatory Flexibility Analysis
This rule will primarily affect individual boaters and units of government, and will not directly impact small businesses.
Summary of Comments of Legislative Standing Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environmental Resources. On September 20, 2001, the Senate Committee on Environmental Resources held a public hearing. On September 26, 2001, the Assembly Committee on Natural Resources held a public hearing. Neither committee requested any modifications to the proposed rule.
Natural Resources
(CR 01-008)
An order affecting chs. NR 1, 10, 11, 16, 17 and 45, relating to hunting, trapping and captive wildlife.
Effective 11-1-01, 1-1-02 and 4-1-02.
Summary of Final Regulatory Flexibility Analysis
The proposed rules are applicable to individual sports persons and impose no compliance or reporting requirements for small businesses. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environmental Resources. On July 25, 2001, the Assembly Committee on Natural Resources held a public hearing. No requests for modifications were received as a result of the hearing.
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