SECTION 62. HFS 134.14 (1), (2) (a) (intro) and (5m) are amended to read:
HFS 134.14 Licensure. (1) APPLICATION. Application for a license to operate a facility for the developmentally disabledserving people with developmental disabilities shall be made on a form provided by the department.
(2) (a) A new facility for the developmentally disabled may not have more than 16 residents, except that:
(5m) ANNUAL REPORT. Every 12 months, on a schedule determined by the department, a facility
for the developmentally disabled licensee shall submit a report to the department in the form and containing the information that the department requires, including payment of the fee required under s.
50.135 (2) (a), Stats. If a complete report is not timely filed, the department shall issue a warning to the licensee. If the licensee of a facility
for the developmentally disabled who has not filed a timely report fails to submit a complete report to the department within 60 days after the date established under the schedule determined by the department, the department may revoke the license.
SECTION 63. HFS 134.815 (1) and (2) (a) are amended to read:
HFS 134.815 Fees for plan reviews. (1) REQUIREMENT. Before the start of any construction or remodeling project for a facility
for the developmentally disabled, the plans for the construction or remodeling shall be submitted to the department, pursuant to s.
HFS 134.84 (1), for review and approval by the department. The fees established in this section shall be paid to the department for providing plan review services.
(2) FEE SCHEDULE. (a)
General. The department shall charge a fee for the review under s.
HFS 134.812 of plans for a facility
for the developmentally disabled capital construction or remodeling project. The fee shall be based in part on the dollar value of the project, according to the schedule under par. (b), and in part on the total gross floor area in the plans, in accordance with par. (c). The total fee for plan review is determined under par. (d). Fees for review of partial plans, for revision of plans, for extensions of plan approval, and for handling and copying, and provisions for the collection and refund of fees are found in par. (e).
SECTION 64. Table HFS 134.82 (title) is amended to read:
Table HFS 134.82 LIFE SAFETY CODE REQUIREMENTS FOR FACILITIES FOR THE DEVELOPMENTALLY DISABLEDSERVING PEOPLE WITH DEVELOPMENTAL DISABILITIES
SECTION 65. HFS 144.03 (2) (b), (c) and (e) and footnotes 1. and 4. to Table 144.03-A are amended to read:
HFS 144.03 (2) (b) Immunization against measles, mumps and rubella shall have been received on or after the date of the first birthday. A dose received 4 days or less before the first birthday is acceptable.
(c) Exceptions may be made in requirements for the fourth dose of DTP/DT/DTaP/Td vaccine and the fourth dose of polio vaccine. Students who receive the third dose of either of these vaccines after their fourth birthday are not required to receive a fourth dose of that vaccine. A dose received 4 days or less before the 4th birthday is acceptable.
(e) Exceptions may be made in requirements for Hib vaccine. Students who began the Hib series at 12 to 14 months are only required to receive 2 doses at least 2 months apart. Students who received one dose of Hib at 15 months of age or after are not required to obtain additional doses. A dose received 4 days or less before 15 months of age is acceptable.
Table 144.03-A Footnote 1. For kindergarten only, at least one dose to be received after 4 years of age unless medically contraindicated. A dose received 4 days or less before the fourth birthday is acceptable.
4. At least one dose to be received after 12 months of age unless medically contraindicated. A dose received 4 days or less before the first birthday is acceptable.
SECTION 66. HFS 145.05 (2), (3) and (4) (note) are amended to read:
HFS 145.05 (2) Local health officers shall follow the methods of control set out in section 9 under each communicable disease listed in the 16th
17th edition (1995)(2000) of Control of Communicable Diseases Manual, edited by Abram S. BenensonJames Chin, published by the American Public Health Association, unless specified otherwise by the state epidemiologist. Specific medical treatment shall be prescribed by a physician or an advanced practice nurse prescriber.
(3) Any person licensed under ch.
441 or
448, Stats., attending a person with a communicable disease shall instruct the person in the applicable methods of control contained in
Control of Communicable Diseases Manual,
16th17th edition
(1995)(2000), edited by
Abram S. BenensonJames Chin, published by the American Public Health Association, unless specified otherwise by the state epidemiologist, and shall cooperate with the local health officer and the department in their investigation and control procedures.
(4) Note: The handbook, Control of Communicable Diseases Manual, 16th17th edition (1995)(2000), edited by Abram S. BenensonJames Chin, is on file in the Department's Division of Public Health, the Revisor of Statutes Bureau and the Secretary of State's Office, and is available for purchase from the American Public Health Association, 1015 Fifteenth St., NW, Washington, DC 20005.
SECTION 67. HFS 155 is repealed.
SECTION 68. TCB 1.04 (1) (d) 1. b. is amended to read:
TCB 1.04 (1) (b) 1. b. Create more adverse attitudes toward smoking among 15 percent of the target population within 6 months of initiating the campaign messagea 10 percent change in attitudes, beliefs and knowledge of identified tobacco-related issues. Issues may include secondhand smoke, the dangers of tobacco, tobacco addiction cessation and the roles of the tobacco industry.
SECTION 69. TCB 1.07 (1) (a) is amended to read:
TCB 1.07 (1) (a) Purchasing tobacco use cessation medications without written permission from the grant manager.
Fiscal Estimate
The Department's proposed changes will not have a fiscal effect.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as defined in s.
227.114 (1) (a), Stats.
Notice of Hearings
Notice is hereby given that, pursuant to ss.
254.47 (4) and
254.68, Stats., the Department of Health and Family Services will hold public hearings to consider the proposal to repeal HFS 196 Appendix chapter 12, subpart, 12-202.11 (C); to amend HFS 196 Appendix chapter 12, subpart 12-101.12 (A), (C), and (D), 12-201.11 (A) to (D), 12-202.11 (B) and (Note), 12-202.12, 12-401.11 (A) and (Note); to repeal and recreate HFS 196 Appendix chapter 12, subparts12-201.12 and 12-201.13, 12-301.11 and (Note), 12-401.11 (B) and (C), and 12-402.11 and (Note); to create HFS 196 Appendix chapter 12, subpart 12-302.11, relating to certification of food managers.
Hearing Information
The public hearings will be held:
Wednesday, June 4, 2003
Beginning at 11:00 a.m.
Public Health Regional Office
200 North Jefferson Street, Room 152 B
Green Bay, WI 54301
Thursday, June 5, 2003
Beginning at 11:00 a.m.
Marathon County Health Department
Lakeview Professional Plaza
1200 Lakeview Drive, West Conference Room
Wausau, WI 54403
Friday, June 6, 2003
Beginning at 11:00 a.m.
Wilson Street State Office Building
1 West Wilson Street, Room B145
Madison, WI 53701
The hearing sites are fully accessible to people with disabilities.
Analysis Prepared by the Department of Health and Family Services
Chapter
12 of
HFS 196 Appendix, establishes the requirements for certification of food managers. Section
254.71, Stats., and HFS 196 Appendix, commonly known as the Wisconsin Food Code, require an operator or at least one manager of a food establishment to have achieved a minimum proficiency in food safety through classroom training and examination. The classroom session and examination are administered by independent organizations such as the Tavern League of Wisconsin and the Wisconsin Restaurant Association, or by technical colleges utilizing an examination approved by the Department. In order for an individual to be certified, proof of passing the examination is required to be submitted to the Department along with a $10 certification fee. The certificate may be renewed, within 6 months of the expiration date, by completing a Department-approved recertification training course and payment of a $10 recertification fee. Certification and recertification is valid for a period of 5 years.
1. Increase the certification fee and the recertification fee from $10 for 5 years to $25 for 5 years, with an additional increase to $30 for 5 years effective July 1, 2004.
2. Revise the recertification requirements to be equal to the requirements of the initial certification.
3. Grant automatic approval to create and administer written examinations on food protection practices to testing service organizations that are accredited by the National Conference for Food Protection (NCFP), the recognized authority for setting national standards in food safety.
Justification:
1. Fee Increase: The current fee of $10 for certification and the current fees of $10 for recertification was established at the conception of the certified food manager program in 1994. The cost of maintaining and verifying the registry of certified food managers has increased since then. Health inspectors and certificate holders frequently contact the Department to check on the status of a misplaced certificate, to request duplicates, or to determine when renewal is due. The Department estimates that central office support staff spend 46 hours per week on the certification program. Additional costs related to the program are incurred at each annual inspection. The Department estimates that a 5-year certificate issued for $10 costs the state more than $70 over its 5-year life. The additional revenue generated from these fee increases will enable the Department to maintain the current registry, and to respond in a timely manner to information requests regarding CFMs. Neighboring states currently charge up to $35 for 5-year certificates or renewals.
2. Recertification Requirements: The current recertification requirement is 3 hours of classroom instruction and an examination on the information presented. There are no requirements concerning the content of the examination, nor are individuals required to achieve a passing grade on the examination. The Department believes that recertification requirements that are at least as stringent as the initial certification requirements will increase the level of food safety in each food service operation by reminding the CFM of processes or procedures that may have been forgotten, as well as addressing new trends and problems.
3. Change in Examination Approval: The Department believes it is more appropriate for course materials and examinations to be approved by the NCFP. The NCFP has more expertise and knowledge in this field. Additionally many states are moving in this direction, resulting in improved consistency and uniformity from one jurisdiction to another.
Contact Person
To find out more about the hearings or to request a copy of the rulemaking order, write or phone:
Greg Pallaske
Food Safety and Recreational Licensing Section
Division of Public Health
P. O. Box 2659
Madison, WI 53701-2659
608-266-8351 or, if you are hearing impaired, 608-266-1511 (TTY)
If you are hearing or visually impaired, do not speak English, or have other personal 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 above. A person requesting a non-English or sign language interpreter should make that request 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 13, 2003, will be given the same consideration as testimony presented at a hearing.
Fiscal Estimate
It is estimated that the Department will receive approximately 12,400 applications for the certification or recertification of food managers in FY04. Increasing the certification and recertification fee from $10 to $25 dollars will increase revenues by $186,000. In FY05 it is estimated that the Department will receive approximately 14,000 applications for the certification or recertification of food managers. Increasing the certification and recertification fee from $25 to $30 in FY05, plus the $15 increase in FY04, will generate an additional $280,000 in revenues.
Due to the 5-year recertification cycle revenues vary from year to year. Assuming on average 12,000 certifications and recertifications per year, this rule will increase program revenues by $240,000 per year.
Initial Regulatory Flexibility Analysis
The Department expects that the proposed increase in certification and recertification fees will impact small businesses where the owner is the certified manager. The Department estimates that the proposed recertification fee of $30 and the $25 fee for the national recertification examination will cost that operator $11 per year. Initial certification will cost an operator $55.
