May 26, 2006
10:00 a.m. – 12 Noon
Fox Valley Technical College - Appleton Campus
Main Building, 1825 North Bluemound
May 30, 2006
10:00 a.m. – 12 Noon
Gateway Technical College - Racine Campus
Racine Building, 901 Pershing Drive (Parking Lot D)
June 2, 2006
12 Noon – 2:00 p.m.
Chippewa Valley Technical College - Eau Claire
Clairemont Campus, Business Education Center
620 West Clairemont Avenue
Room 100-A (RCV Community Room)
Eau Claire, WI
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Place Where Written Comments May be Submitted
Written comments may be submitted at the public hearing or submitted to the Department using the Wisconsin Administrative Rule Website athttp://adminrules.wisconsin.gov
Comments may also be sent to:
Gary Nelson, IDP Coordinator
DHFS – Bureau of Mental Health and Substance Abuse Services
1 West Wilson St., Rm. 437
P.O. Box 7851
Madison, WI 53707-7851
Deadline for Comment Submission
The deadline for submitting comments to the Department is 4:30 p.m. on June 9, 2006.
Analysis Prepared by the Department of Health and Family Services
Pursuant to ss. 343.30 (1q) (c) 2.
and 343.305 (10) (c) 2.
, Stats., ch. HFS 62
provides uniform procedures for intoxicated driver assessment and driver safety plan programs to serve the approximately 35,000 individuals who are ordered by a court or the Department of Transportation to undergo alcohol and other drug abuse assessment and complete a driver safety plan. Chapter HFS 62
has not been substantially revised for over 21 years. Over the years the Department has issued interim policy memos to assessment facilities and driver safety plan providers to accommodate changes in practice and interpretations needed to ensure uniformity and quality of care. The Department proposes to incorporate these policy memos, eliminate outdated and overly prescriptive rule provisions, and update the rules to be consistent with current statutes affecting intoxicated drivers and the agencies serving them.
In addition to proposing the changes to ch. HFS 62
, the Department proposes to revise ch. HFS 75
, rules relating to certification of community substance abuse services to add intervention services as a level of care. Chapter HFS 75
was created effective August 1, 2000 to replace and update rules for certification of community alcohol and drug abuse prevention and treatment programs that were previously codified in subchapter III of ch. HFS 61
. Chapter HFS 75
includes the general requirements that apply to all or most of the different types of substance abuse services, and standards for particular services - prevention; emergency outpatient; medically managed inpatient detoxification; medically monitored residential detoxification; ambulatory detoxification; residential intoxication monitoring; medically managed inpatient treatment; medically monitored treatment; day treatment; outpatient treatment, transitional residential treatment; and narcotic treatment for opiate addiction. A particular provider may be certified to provide one or more types of service.
During the drafting of ch. HFS 75
, provisions relating to intervention services that had previously been in ch. HFS 61
were inadvertently removed from proposed rules. Intervention services may now be a formal substance abuse service under the newly proposed s. HFS 75.16
, or may be included in, but is not limited to, an educational program, an employee assistance program, an intoxicated driver assessment or driver safety plan program under ch. HFS 62
, screening procedures under s. HFS 75.03 (10)
, or consultation provided to non-substance abuse professionals or may include outreach; problem identification; referral; information; specialized education; case management; consultation; training; support or drop-in services; intensive supervision; alternative education and intoxicated driver assessments under ch. HFS 62
Effect on Small Business (Initial Regulatory Flexibility Analysis)
Each year in Wisconsin there are 8,800 alcohol-related traffic crashes, 6,200 alcohol-related crash injuries, and 325 alcohol-related crash deaths. Apart from public awareness, fines, penalties, and imprisonment, one of the critical solutions to this traffic safety problem is contained under the proposed rule revisions. Under statute [343.30 (1q), Stats.] and the proposed rule revisions, each year approximately 35,000 individuals are convicted of driving while intoxicated and are ordered by the court or the Department of Transportation to undergo an alcohol and other drug abuse assessment and complete a driver safety plan. These driver safety plans recommend a program of education, treatment, or both to help the individual regain safe driving capability. An individual's driving privileges are reinstated if they complete the assessment and driver safety plan program.
Each county department of community programs or human services is required under s. 343.30 (1q)
, Stats., and the current ch. HFS 62
(assessment of drivers with alcohol or controlled substance problems) to designate a single agency to provide the operating while intoxicated (OWI) assessment service. There are about 72 of these agencies statewide. These designated OWI assessment service agencies are either outpatient clinics operated by county government or a private non-profit organization under contract with county government. These assessment agencies also monitor the person's participation in the education or treatment program and submit appropriate records to the Department of Transportation for action on the person's driving privileges. Under ch. HFS 75
, community substance abuse service standards, a county-designated intoxicated driver assessment agency is also approved by the Department to provide a variety of substance abuse education, intervention, and treatment services. Professional staff of these assessment agencies are also required to meet minimum credentials established under ss. HFS 75.02 (84)
, HFS 75.02 (11)
, HFS 61.06 (1)
, or ch. 457
, Stats. These assessment agencies fulfill a critical role in Wisconsin's program to reduce intoxicated driving.
Under s. 343.30 (1q) (c)
2, Stats., the Department is directed to establish standards for OWI assessment procedures in order to ensure uniform and effective practices. The principal motivation for these rules, originally promulgated in 1984, is to protect consumers of these required services and those using the state's roads and highways. These rules have been developed to provide guidance to OWI assessment agencies to ensure uniformity and effectiveness of policies and procedures across the state.
It should be noted that while ch. HFS 62 is being repealed and recreated, most of the original 1984 rule is still intact and therefore diminishes the impact on affected agencies. The intent of the proposed revisions to ch. HFS 62
is to incorporate into the existing rules those policies and procedures disseminated through departmental policy memos since 1984. It was not the intent of the Legislature under s. 343.30 (1q) (c)
2, Stats., that the Department rely solely on policy memos to incorporate need changes into the program nor can the Department do an adequate job of monitoring the program based upon policy memos. Furthermore, OWI assessment agencies have requested that the Department update its state-approved policies and procedures by incorporating those policies that are still endorsed into the rules.
According to Department records (Bureau of Quality Assurance), there are approximately 640 entities in Wisconsin in the business of providing ambulatory substance abuse health care and treatment. The North American Industry Classification code for this industry is "621420". Forty-seven (47) of these 640 entities which are affected by the proposed rule, are operated by county governments. Twenty-five (25) of the affected entities are private non-profit corporations and would be considered small businesses [having fewer than 25 employees or not more than $5 million in revenue under s. 227.114 (1)
Wis. Stats]. Expressed as a proportion, about 4 percent of the entities providing substance abuse health care and treatment in Wisconsin are affected by the proposed rule and are small businesses. A sample of these industry code 621420 small businesses which assisted in the revision of these rules include the following (information provided by each agency):
Number of Employees
Addiction Resource Council
Ashland Area Council on Alcoholism and Drug Abuse
Impact Alcohol and Other Drug Abuse Services
Racine Psychological Services
These revised rules have a direct impact on small business entities which the Department certifies and provides general oversight. None of the 25 small businesses affected by these rules will be exempt from meeting the proposed rule changes, however, after careful review, the Department does permit variances or waivers if warranted. The Department has determined that exempting any entity from compliance with ch. HFS 62
or HFS 75
would compromise the health and safety of individuals receiving OWI assessment services and would negatively affect the program's ability to reduce intoxicated driving and make Wisconsin's roads and highways safe. Data from the Department of Transportation show that under the current program, 75 to 86 percent of persons convicted of OWI do not reoffend in a five-year period after their OWI arrest. Since the program started in 1984, the adult rate of driving under the influence has dropped from 11 percent to 5 percent (Behavioral Risk Factor Survey, Department of Health and Family Services); alcohol-related traffic crashes declined 60 percent; injuries declined 40 percent; and fatalities declined 30 percent (Department of Transportation).
To diminish the impact of the rule changes on affected agencies including small businesses, a workgroup composed of representatives from the 47 county agencies and the 25 small businesses joined with Department staff to develop and approve each and every proposed rule revision. One of the principles adhered to in the development of the proposed rule revisions were that there be no increased costs. Two potential cost elements emerge in the revised rules. The first is a requirement for OWI assessor professionals to obtain six hours of continuing education each year. This is necessary to ensure a competent workforce in this statewide program that directly affects so many people and has public safety implications. To reduce the cost impact, the rule has been written in such a way as to allow continuing education hours obtained for professional licensure or certification to be used to fulfill the requirement under the proposed rule revision. Furthermore, the continuing education hours requirement may be satisfied through no-cost educational options such as agency inservices.
The second is a requirement that all OWI assessment agencies be approved by the state under ch. HFS 75
(community substance abuse service standards). This requirement is necessary to protect the persons receiving services under the OWI program from abuses and ensure that minimum standards of agency practices are adhered. The Department will conduct on-site reviews to monitor compliance under ch. HFS 75
. There is a cost of $300 for this certification. Sixty (60) of the OWI assessment agencies affected by these rule revisions are currently certified under ch. HFS 75
so there is no additional certification required and therefore no cost impact. Twelve of the remaining OWI assessment agencies had been certified under ch. HFS 61
prior to the promulgation of ch. HFS 75
in 2000. The "intervention" service under which these programs had been certified in 2000 is being restored under these proposed rules. While there is an increased cost of $300 per year for these 12 agencies under ch. HFS 75
, the advisory committee felt these costs were negligible. None of the potential cost elements increase agency operating costs by more than the 2004 Consumer Price Index of 2.7 percent nor decrease agency revenues by more than 2.7 percent.
As described previously, the principal purpose for the current revision of the rules was to incorporate endorsed and local agency-supported Department policy memos into ch. HFS 62
. One such policy has to do with the filing and processing of complaints or appeals by persons receiving OWI assessment services. In order to expedite any complaint or appeal, the rule specifies that each step in the process be completed within five working days or in a timely fashion. It is in the best interest of the assessment agency and the client to expedite this process. Since this schedule was already in effect under Department policy, it was strongly supported by the advisory committee. Another deadline for compliance includes the requirement that assessor professionals obtain six hours of continuing education within a 12-month time frame. This too was supported by the advisory committee because similar requirements are already in effect for professional credentialing.
There are two new reporting or documentation requirements under the proposed rule revisions. The first pertains to an evaluation report under the ch. HFS 75
intervention service. This requirement will affect the 12 small businesses that will need to seek recertification under ch. HFS 75
. It is important for agencies to objectively self-evaluate in order to ensure that the program's stated purpose is being achieved and to determine where improvements are needed. This further provides documentation of accountability to an agency's board as well as the Department. This evaluation process and report is a standard requirement for all 640 state-certified substance abuse service agencies across the state. The advisory committee has determined that these activities and documentation are already part of their agency's current functions and therefore there are no new costs.
A second area of documentation that is new to the proposed rule revisions is a requirement that alternative education programs maintain files containing a written program description and instructor credentials, coursework, and driving record. These requirements will affect just three of the 72 OWI assessment agencies that also provide an alternative education program. These files and documents are necessary in order to ensure that the curriculum and format used is consistent with sound adult education principles and that instructors meet minimum requirements for professional competence. The advisory committee has determined that these requirements are already part of their agency's current functions and there are no new costs.
As presented previously, there are some pertinent performance indicators that are monitored by the Department and the Department of Transportation to assess the OWI program's overall performance. These indicators include persons reconvicted of OWI, the adult rate of driving under the influence, alcohol-related traffic crashes, injuries, and fatalities. Some of these data are available for individual counties and some are not. It would both be costly and unrealistic to expect individual OWI assessment agencies to gather this data and achieve improvements in any of these areas because they play only one part in the overall program. Law enforcement, the courts, technical colleges, businesses, and community norms play an equally important part in the program's overall success. Ensuring that evidence-based practices and approaches are implemented is the best way to achieve success and ensure humane and effective services to consumers. Scientific literature and experts in the field of highway safety and addiction rehabilitation are regularly consulted in order to keep abreast of the latest approaches for achieving success under this program. This information, approaches and practices are passed on to community agencies in the form of training, and in some cases, enacted law.
As such, there are no significant increased costs in the areas of capital investments (land, structure, equipment), operational elements such as labor, energy, and purchased materials and services, professional skills, ongoing transaction elements, or any other administrative compliance cost elements, or fees necessary for compliance with the rule. There are no new reporting requirements and no staff qualification or training requirements that would increase service costs substantially or create problems resulting in staff layoffs or difficulty recruiting qualified staff.
Small Business Regulatory Coordinator
The intent of the proposed revisions to HFS 62, assessment of drivers with alcohol controlled substance problems, is to incorporate policies and procedures disseminated through departmental policy memos into the rules. These revised rules have a direct impact on business entities for which the department certifies and provides general oversight. Fifty-six of these entities are under the jurisdiction of county governments. Sixteen of these entities are private non-profit corporations providing various human services and would be considered small businesses. A workgroup composed of representatives from the 47 county agencies and the 25 small businesses worked with department staff to develop and approve each and every proposed revision. Two of the principles adhered to in the development of the proposed revisions were that there be no increased costs and no loss of revenue.
There are no increased costs in the areas of capital investments (land, structure, equipment), operational elements such as labor, energy, and purchased materials and services, professional skills, ongoing transaction elements, or any other administrative compliance cost elements, or fees necessary for compliance with the rule.
Obtaining Copies of Rules and Fiscal Estimate
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website athttp://adminrules.wisconsin.gov
or by contacting the contact person listed below.
Gary Nelson, IDP Coordinator
DHFS – Bureau of Mental Health and Substance Abuse Services
1 West Wilson St., Rm. 437
P.O. Box 7851
Madison, WI 53707-7851
Notice of Hearings
(Fish, Game, etc.)
(reprinted and amended from the 4/30/06 Register)
NOTICE IS HEREBY GIVEN that pursuant to ss. 30.62 (2) (d) 2.
and 227.11 (2) (a)
, Stats., interpreting s. 30.62 (2) (b)
and (2) (d) 2.
, Stats., the Department of Natural Resources will hold public hearings on the creation of s. NR 5.125 (1) (d)
, Wis. Adm. Code, relating to sound testing methods for airboats. Section 30.62 (2) (a)
, Stats., requires all boat sounds to meet the level of 86 db or less in order to be legal. The current tests that the department uses are designed for motor exhaust noise or they are not safe to perform on airboats or hovercraft type boats when measuring noise other than muffler or exhaust noise. In 2005, the department was notified of concerns that it was not enforcing the noise requirements on airboats that we apply to all other boats. Currently, airboats and hovercraft have to meet the 86 db sound level as it relates to their engine exhaust noise, but there is no test that would allow for the safe testing of the propeller and fan noise. The proposed rule change in the testing process would utilize Society of Automotive Engineers Test J1970 but would take in consideration the safety concerns when testing propeller and fan types of watercraft. The test contains step-by-step instructions for measuring noise from boats.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114
, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Commercial trappers and fishers
b. Description of reporting and bookkeeping procedures required: None
c. Description of professional skills required: None
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150
, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Wednesday, May 24, 2006 at 11:00 a.m. until the conclusion of public comments
Sheriff's Dept. Basement, Crawford County Courthouse
220 N. Beaumont St.
Prairie du Chien