Scope statements
Dentistry Examining Board
Subject
Training requirements for dental hygienists applying local anesthesia by applicator.
Objective of the rule. This proposed rule would exempt subginival, local anesthetics administered by applicator from the educational program requirements of Ch.
DE 7, which currently apply to dental hygienists who administer local anesthesia by injection. With the exception, the 10 hours of didactic and 11 hours of clinical education would not be required if the dental hygienist limits administration of local anesthetics to applicators.
Policy analysis
A new type of subginival, local anesthesia applied by applicator, not by injection, is available and is being marketed in Wisconsin. The current rule concerning certification of dental hygienists to administer local anesthesia does not explicitly contemplate local anesthetics administered in this manner, so a revision is sought to clarify educational requirements for dental hygienists who apply local, subginival anesthesia by applicator.
In terms of its application, some states consider local anesthetics applied by applicator as they do medicaments applied in periodontal pockets, similar to certain antibiotics. Dental hygienists may apply such medicaments under supervision. Others consider it a topical anesthetic. In these instances, no rule-making may be required.
Comparison with federal requirements
There is no existing or proposed federal regulation for summary and comparison.
Statutory authority
Staff time required
200 hours.
Financial Institutions - Banking
Subject
Sections DFI—Bkg 80.85 (1), (2) and (5) relating to prohibited bases for discriminating in the extension of consumer credit.
Policy analysis
The objective of the rule is to amend ss. DFI—Bkg 80.85 (1) and (2), and create DFI—Bkg 80.85 (5). The purpose of this rule is to expand the prohibited bases for discriminating in the extension of consumer credit. Currently the Wisconsin Consumer Act makes discrimination on the basis of sex or marital status in the granting or extension of credit an unconscionable credit practice. The rule makes discrimination on the basis of a prohibited basis in the granting or extension of credit an unconscionable credit practice. The rule defines prohibited basis to include the already existing bases as well as additional bases.
Statutory authority
Staff time required
100 hours.
Entities affected by the rule
Credit providers.
Federal regulation addressing the activities
Health and Family Services
Subject
The Department proposes to repeal sections
HFS 61.91 to
61.98 and create ch.
HFS 35, rules relating to outpatient mental health clinics, and to revise sections
HFS 105.13 (2) and
107.22 rules relating to outpatient mental health services and certification of psychotherapy providers under Medical Assistance (MA).
Policy analysis
Sections
HFS 61.91 to
61.98 address procedures for certification; required personnel; service requirements; and denial, involuntary termination or suspension of certification for outpatient mental health clinics; clinical supervision, collaboration, and consultation; written authorization of psychotherapy by a physician; initial assessments of clients and development of treatment plans; progress notes; discharge summaries; and record keeping. In addition to these requirements, these rules require clinics to ensure continuity of care for persons with mental disorders or alcohol and drug abuse problems by rendering or arranging for the provision of specified services, including but not limited to, residential facility placement; aftercare for continuing treatment in the community to help the patient maintain and improve adjustment following a period of treatment in a facility; and emergency care. Section
HFS 105.22 provides the requirements for MA certification of psychotherapy providers, staffing of outpatient facilities, and MA reimbursement for outpatient psychotherapy services. Section
HFS 107.13 (2) details the Medicaid requirements for covered services for outpatient psychotherapy services, prior authorization and other limits and procedures, and non-covered services under MA.
Sections
HFS 61.91 to
61.98 have been revised several times over the years, but have not been comprehensively reviewed and rewritten since May 1981. Section
HFS 105.22, was last revised in 1991, and s.
HFS 107.13 (2), which was last revised in 2004, but not comprehensively reviewed and rewritten since March 1986. Several changes affecting the needs of persons who seek outpatient mental health services and the operation of the outpatient mental health clinics have occurred since the referenced rules were last revised. These changes include the passage of
2001 Wisconsin Act 80 dealing with licensure of social workers and other professionals;
1993 Act 138 and N8 dealing with advanced practice nurse prescribers; a shortage of psychiatrists in parts of the state; and research regarding recovery-oriented treatment. In addition, many professionals and representatives of outpatient mental health clinics indicate that the current rules are burdensome, costly, and do not help to lead to the desired outcomes of persons receiving treatment.
The Department believes that ss.
HFS 61.91 to
61.98 need a comprehensive rewrite to address these issues and to incorporate functional changes to the rules made through several statewide variances based on input from providers and professional organizations. In repealing ss.
HFS 61.91 to
61.98 and creating ch.
HFS 35 to replace these sections, the Department intends to address several areas including, allowing clinics to alternatively meet, the standards of one of several national accrediting bodies, such as the Joint Commission on Accreditation of Healthcare Organizations (JCAHO); establishing a detailed certification process similar in both organization and content to the certification process set out in rules for other community mental health certified programs, which includes actions taken against certified programs and permits provisional certification pending correction of minor deficiencies; adding a requirement for a criminal records check on prospective new employees; modifying the requirements for professional staffing of a clinic; changing requirements of staff supervision to a quality improvement process; adding training requirements for clinic staff; adding or expanding rule language on admission, assessment, consent for treatment, treatment planning and medications administration; and adding sections on client rights and obtaining information about client satisfaction with treatment.
Proposed changes to ss.
HFS 105.22 and
107.13 (2), will ensure that the language in these rules is consistent with the language in the proposed ch.
HFS 35 and will reflect current practices and needs, such as, indexing the number of visits and dollar amounts before a prior authorization is required.
The Department believes that the proposed changes will result in rules that are less burdensome to mental health providers and improved services to mental health consumers.
Statutory authority
Staff time required
Estimated hours of staff time to draft the rules – 200 staff hours. An advisory committee will provide opportunities for input from mental health consumers, mental health advocates, professional organizations, accreditation organizations (e.g., Joint Commission on Accreditation of Healthcare Organizations, Council on Accreditation), and providers to the drafting process.
Entities affected by the rule
Entities that may be affected by the proposed rules are public and private outpatient mental health clinics certified by the Department of Health and Family Services.
Comparison with federal requirements
42 CFR pt. 440.130 permits use of Medicaid funds to provide diagnostic, screening, preventive, and rehabilitative services, including any medical or remedial services recommended by a physician or other licensed practitioner of the healing arts, within the scope of his practice under state law, for maximum reduction of physical or mental disability and restoration of a recipient to his best possible functional level. There are no other known proposed or existing federal regulations pertinent to outpatient mental health clinics.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board - Social Worker Section
Subject
Internship requirements.
Objective of the rule. To create and clarify a specific term of hours for the internship requirement for the social work training certificate, and to more clearly define what constitutes a human services internship.
Policy analysis
Currently, the Social Worker Section rules specify no hourly requirements for the required human services internship. Under the current rules, the board may reject a social worker training certificate applicant based on what they deem as an insufficient length of internship. Therefore, the Social Worker Section is modifying its rules to specify that social worker training certificate applicants who are pursuing their required human services experience through internship must engage in at least 400 hours of supervised practice. The section also intends to better clarify what constitutes a human services internship.
Statutory authority
Comparison with federal requirements
There is no existing or pending federal regulation relating to internship requirements for social worker training certificate applicants.
Staff time required
200 hours.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board - Marriage and Family Therapist Section
Subject
Continuing education requirements.
Objective of the rule. To create greater uniformity among the Marriage and family Therapist, Professional Counselor and Social Worker sections with respect to continuing education, including the criteria and acceptance of various programs.
Policy analysis
The Marriage and Family Therapist, Professional Counselor and Social Worker Sections all require 30 credit hours of continuing education. The Marriage and Family Therapist Section is modifying its rules to permit continuing education credits to be granted for additional items, including, but not limited to, teaching academic courses, publishing professional books, and presenting at national conferences. In addition, these modifications will permit continuing education credit to be granted to those credential holders who take courses that are approved by the Professional Counselor Section or by the Social Worker Section. Finally, the revisions will also permit continuing education hours to be granted for courses that are either approved or sponsored by the American Psychology Association.
Statutory authority
Comparison with federal requirements
There is no existing or proposed federal legislation.
Staff time required
200 hours.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board - Social Worker Section
Subject
Continuing education requirements.
Objective of the rule. To create greater uniformity among the marriage and family therapist, professional counselor and social worker sections with respect to continuing education, including the criteria and acceptance of various programs.
Policy analysis
The Marriage and Family Therapist, Professional Counselor and Social Worker Sections all require 30 credit hours of continuing education. The Social Worker Section is modifying its rules to permit continuing education credits to be granted for additional items, including, but not limited to, teaching academic courses, publishing professional books, and presenting at national conferences. In addition, these modifications will permit continuing education credit to be granted to those credential holders who take courses that are approved by the Marriage and Family Therapist Section or by the Professional Counselor Section. Finally, the revisions will also permit continuing education hours to be granted for courses that are either approved or sponsored by the American Psychology Association.
Statutory authority
Comparison with federal requirements
There is no existing or proposed federal legislation.
Staff time required
200 hours.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board - Professional Counselor Section
Subject
Continuing education requirements.
Objective of the rule. To create greater uniformity among the Marriage and Family Therapist, Professional Counselor and Social Worker Sections with respect to continuing education, including the criteria and acceptance of various programs.
Policy analysis
The Marriage and Family Therapist, Professional Counselor and Social Worker Sections all require 30 credit hours of continuing education. The Professional Counselor Section is modifying its rules to permit continuing education credits to be granted for additional items, including, but not limited to, teaching academic courses, publishing professional books, and presenting at national conferences. In addition, these modifications will permit continuing education credit to be granted to those credential holders who take courses that are approved by the Marriage and Family Therapist Section or by the Social Worker Section. Finally, the revisions will also permit continuing education hours to be granted for courses that are either approved or sponsored by the American Psychology Association.
Statutory authority
Comparison with federal requirements
There is no existing or proposed federal regulation.
Staff time required
200 hours.
Natural Resources
Subject
Objective of the rule. The ch.
NR 700 rule series governs site investigations and cleanup activities. Many of the revisions being proposed will update the sampling and laboratory requirements necessary for a complete site investigation and verification that a cleanup is working. Specific changes suggested are eliminating the requirement for analysis of gasoline range organics (GRO) and diesel range organics (DRO), eliminating the soil standard for GRO/DRO; revising reporting limits to the detection limit for all compounds; removing product names from sample storage devices and allowing for alternative storage devices; allowing for the use of preservation method SW-846 5035; updating ch.
NR 720, Soil Cleanup Standards, and ch.
NR 746, Risk Screening and Closure Criteria for Petroleum Product Contaminated Sites and Agency Roles and Responsibilities, to be consistent with ch.
NR 726 requirements regarding inclusion of sites exceeding soil standards on the GIS Registry of Closed Remediation Systems, updating both statutory and rule citations and revising a standard format for site investigation reports to allow for more efficient review.
Additional changes to the proposal include requiring persons conducting a cleanup to notify property owners regarding residual contaminated soil, to be consistent with the notification provided for residual groundwater contamination; incorporating the authority granted by modifications to s.
292.94 regarding fees related to enforcement action; specifying fees in NR 749, Fees for Providing Assistance; Remediation and Redevelopment Program, for review of changes or deletions to the GIS Registry, revisions to NR 419, Control of Organic Compound Emissions, regarding elimination of the form for reporting treatment and disposal of petroleum contaminated soil; and revisions to NR 706, Hazardous Substance Discharge Notification and Source Confirmation Requirements, to mirror the statutory exemptions for law enforcement officers and members of a fire department .
Policy analysis
GRO/DRO was originally used as a screening tool during the initial stages of a site investigation due to a lower cost. Compound specific levels are now obtainable at a similar price as for GRO, and are still needed for site characterization, determination of remedial options and for site closure. There is no longer a need to use DRO/GRO as a screening tool. There is also no corresponding groundwater standard for GRO/DRO.
Changing the reporting limit to be equal to the detection limit for all compounds will also be a change in policy. Doing so will provide more accurate data in the reporting of releases and in defining the effectiveness of cleanup actions. Allowing preservation method SW-846 5035 will change policy, as currently methanol preservation of soil samples for VOC analysis is required. Changing this method will result in a more representative idea of site conditions, and will reduce the use of hazardous materials. An approval process for allowing the use of storage devices is proposed instead of listing acceptable devices in rule, so as to allow a greater range of devices as they come onto the market. The change is needed to remove product names, which provides a competitive disadvantage to other acceptable methods.
Currently, sites closing under NR 746 are exempted from NR 720, Soil Standards. Revising the rules to require that these sites, while closing under NR 746, must also be included on the GIS Registry for sites with residual soil contamination will ensure consistency with other sites with residual soil contamination closing under NR 726. As very few sites have closed under NR 746, we do not expect this change to be controversial. Including a requirement to notify those who will have residual soil contamination left on their property after case closure is consistent with the notification requirements for residual groundwater contamination.
Statutory authority
Staff time required
The final rule should be completed within 12 months of the initiation of rule changes. The initial rule order package is expected to be prepared by Fall of 2005. Working with the affected parties in drafting the rules should expedite the rule-making process.
Comparison with federal requirements
There are no federal regulations comparable to the rule changes being proposed.
Entities affected by the rule
The entities affected by these rule changes include parties responsible for conducting cleanups under the Spill Law, environmental consulting firms conducting the investigations and cleanups and laboratories conducting the analysis of samples submitted to them.
Transportation
Subject
Objective of the rule. This proposal will amend ch.
Trans 276, which establishes a network of highways on which long combination vehicles may operate, by adding two highway segments to the network. The actual segments being proposed are:
STH 175 from CTH P S. of Theresa to STH 60
STH 50 from IH 43 to USH 12
Policy analysis
Federal law requires the Department of Transportation to react within 90 days to requests for changes to the long truck route network. Wisconsin state law requires that the Department use the administrative rule process to make changes to the long truck route network. Chapter
Trans 276 is an existing rule set up for long truck routes. The Department has received requests from Kreilkamp Trucking, Inc., in Allenton, WI, and Sutton Transport, Inc., in Weston, WI, to add these highway segments.
Comparison with federal requirements
In the Surface Transportation Assistance Act of 1982 (STAA), the federal government acted under the Commerce clause of the United States Constitution to provide uniform standards on vehicle length applicable in all states. The length provisions of STAA apply to truck tractor-semitrailer combinations and to truck tractor-semitrailer-trailer combinations. (See Jan. 6, 1983, Public Law 97-424, § 411) The uniform standards provide that:
• No state shall impose a limit of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination.
•No state shall impose a length limit of less than 28 feet on any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination.
•No state may limit the length of truck tractors.
•No state shall impose an overall length limitation on commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations.
•No state shall prohibit operation of truck tractor-semitrailer-trailer combinations.
The vehicles authorized by the STAA may operate on the national system of interstate and defense highways and on those federal aid primary highways designated by regulation of the secretary of the United States Department of Transportation. In 1984 the USDOT adopted
23 CFR Part 658 which in Appendix A lists the highways in each state upon which STAA authorized vehicles may operate. Collectively these highways are known as the National Network. In
1983 Wisconsin Act 78, the legislature enacted §
348.07(4), Stats., which directs the Wisconsin Department of Transportation to adopt a rule designating the highways in Wisconsin on which STAA authorized vehicles may be operated consistent with federal regulations.
The Department of Transportation first adopted ch.
Trans 276 of the Wisconsin Administrative Code in December of 1984. The rule is consistent with
23 CFR Part 658 in that the Wisconsin rule designates all of the highways in Wisconsin that are listed in
23 CFR Part 658 as part of the National Network for STAA authorized vehicles. The federal regulation does not prohibit states from allowing operation of STAA authorized vehicles on additional state highways. The rule making authority granted to the Wisconsin Department of Transportation in §
348.07(4), Stats., allows the DOT to add routes in Wisconsin consistent with public safety. The rule making process also provides a mechanism to review requests from businesses and shipping firms for access to the designated highway system for points of origin and delivery beyond 5 miles from a designated route. A process to review and respond to requests for reasonable access is required by
23 CFR Part 658.
Entities affected by the rule
The rule will affect the requesters of the routes to be designated and other operators of commercial motor vehicles.
Statutory authority
Staff time required
It is estimated that state employees will spend 40 hours on the rule-making process, including research, drafting and conducting a public hearing.
Transportation
Subject
Objective of the rule. This proposal will amend ch.
Trans 276, which establishes a network of highways on which long combination vehicles may operate, by adding one highway segment to the network. The actual segment being proposed is:
STH 57 from Sturgeon Bay to Sister Bay
Policy analysis
Federal law requires the Department of Transportation to react within 90 days to requests for changes to the long truck route network. Wisconsin state law requires that the Department use the administrative rule process to make changes to the long truck route network. Chapter
Trans 276 is an existing rule set up for long truck routes. The Department has received a request from Representative Garey Bies, on behalf of businesses of the 1st Assembly District, to add this highway segment.
Comparison with federal requirements
In the Surface Transportation Assistance Act of 1982 (STAA), the federal government acted under the Commerce clause of the United States Constitution to provide uniform standards on vehicle length applicable in all states. The length provisions of STAA apply to truck tractor-semitrailer combinations and to truck tractor-semitrailer-trailer combinations. (See Jan. 6, 1983, Public Law 97-424, § 411) The uniform standards provide that:
• No state shall impose a limit of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination.
• No state shall impose a length limit of less than 28 feet on any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination.
• No state may limit the length of truck tractors.
• No state shall impose an overall length limitation on commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations.
• No state shall prohibit operation of truck tractor-semitrailer-trailer combinations.
The vehicles authorized by the STAA may operate on the national system of interstate and defense highways and on those federal aid primary highways designated by regulation of the secretary of the United States Department of Transportation. In 1984 the USDOT adopted
23 CFR Part 658 which in Appendix A lists the highways in each state upon which STAA authorized vehicles may operate. Collectively these highways are known as the National Network. In
1983 Wisconsin Act 78, the legislature enacted s.
348.07 (4), Stats., which directs the Wisconsin Department of Transportation to adopt a rule designating the highways in Wisconsin on which STAA authorized vehicles may be operated consistent with federal regulations.
The Department of Transportation first adopted ch.
Trans 276 of the Wisconsin Administrative Code in December of 1984. The rule is consistent with
23 CFR Part 658 in that the Wisconsin rule designates all of the highways in Wisconsin that are listed in
23 CFR Part 658 as part of the National Network for STAA authorized vehicles. The federal regulation does not prohibit states from allowing operation of STAA authorized vehicles on additional state highways. The rule making authority granted to the Wisconsin Department of Transportation in s.
348.07 (4), Stats., allows the DOT to add routes in Wisconsin consistent with public safety. The rule making process also provides a mechanism to review requests from businesses and shipping firms for access to the designated highway system for points of origin and delivery beyond 5 miles from a designated route. A process to review and respond to requests for reasonable access is required by
23 CFR Part 658.
Entities affected by the rule
The rule will affect the requester of the route to be designated and other operators of commercial motor vehicles.
Statutory authority
Staff time required
It is estimated that state employees will spend 40 hours on the rule-making process, including research, drafting and conducting a public hearing.
Workforce Development
Subject
Policy analysis
Pursuant to ss.
103.005 (5) (a) and
104.04, Stats., DWD created a Minimum Wage Advisory Council in January 2004. The Council collected and analyzed data relating to the issue of the State of Wisconsin's minimum wage rates, determined the adequacy of the current minimum wage rates, and made recommendations to the Department on potential adjustments to the minimum wage rates.
The Minimum Wage Advisory Council recommended an increase in the general minimum wage rate to $5.70 on October 1, 2004, and to $6.50 on October 1, 2005, and various increases to special wage rates. The Department incorporated the Minimum Wage Advisory Council's recommendations in the proposed rule
CR04-036. Legislative committees objected to that rule.
The Department proposes a new rule to increase the general minimum wage rate to $5.70 when the rule is effective and to increase it to $6.50 on June 1, 2006; to increase special rates for opportunity employees, agricultural workers, camp counselors, and golf caddies; and to create a special rate for minors on these new effective dates.
Entities affected by the rule
Employers and employees
Comparison with federal requirements
The federal general minimum wage rate is $5.15 per hour and the opportunity rate is $4.25 per hour for employees under 20 years old for the first 90 days of employment. There are no special rates for minors, agricultural workers, camp counselors, or golf caddies.
Statutory authority
Staff time required
150 hours.
