(9) “MABAS or `Mutual Aid Box Alarm System' interdivisional card" means a MABAS box card designated for interdivisional mutual aid, listing a MABAS division's equipment available to respond based on the type of equipment and location.
(10) “MABAS or `Mutual Aid Box Alarm System' member unit" means a unit of local government including but not limited to a city, village, town, emergency medical services district or fire protection district having a fire department recognized by the State of Wisconsin or an intergovernmental agency and the units of which the intergovernmental agency is comprised which is a party to the MABAS agreement and has been appropriately authorized by the governing body to enter into such an agreement.
(11) “MABAS or `Mutual Aid Box Alarm System' region" means the Wisconsin emergency management areas as identified by the Adjutant General under ss.
166.03 (2) 6. (b) 1., Stats.
(12) “Mutual Aid Box Alarm System", also known as MABAS, means a definite and prearranged plan whereby response and assistance is provided to a stricken unit by the aiding unit in accordance with the system established and maintained by MABAS member units and amended from time to time. Management oversight of the system is handled by the MABAS executive board.
(13) “National Incident Management System" or `NIMS'," means a system mandated by Homeland Security Presidential Directive 5 that provides a consistent nationwide approach for federal, state, local and tribal governments; the private sector, and nongovernmental organizations to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity.
(14) “Stricken unit" means a member unit which requests aid in the event of an emergency.
(15) “WEM or `Wisconsin emergency management' duty officer" means an individual on-call 24 hours and seven days a week and as identified by Wisconsin emergency management's duty officer roster.
WEM 8.03 LEVELS OF RESPONSE. MABAS coordinates the effective and efficient provision of mutual aid during emergencies, natural disasters, or manmade catastrophes. In recognition of home rule, MABAS is not intended to relieve a community from their responsibilities of providing adequate emergency services for all local emergencies, since all communities should have their own first line of defense. When a community exhausts its resources, MABAS can be activated by the stricken community through a systematic plan at various levels of response:
(1) A “local response" is an emergency that is a routine day-to-day event utilizing resources listed on a MABAS box card with a minimum of three MABAS alarm levels which is triggered locally by the incident commander on scene.
(2) A “regional response" is an emergency that has exhausted “local response" capabilities and may utilize up to three MABAS interdivisional cards. A regional response is triggered locally by the incident commander on the scene of an emergency.
(3) A “state response" is an emergency that has exhausted “regional response" capabilities and may utilize multiple MABAS interdivisional cards. A state response is triggered by a request to the WEM duty officer by the incident commander on the scene of the emergency. Responding resources will be coordinated by the WEM duty officer in coordination with the regional MABAS division coordinator.
(4) A “national response" is an emergency that has exhausted state resources and is an event of national significant which is triggered by or to the Wisconsin emergency management duty officer through the Emergency Management Assistance Compact under ss.
166.30, Stats.
WEM 8.04 PROCEDURE FOR PROVIDING MUTUAL AID. (1) The MABAS member units authorize their respective chief officer or designee to take necessary and proper action to render or request mutual aid from the member units in accordance with the policies and procedures established and maintained by the MABAS member units. The aid rendered shall be to the extent of available personnel and equipment not required for adequate protection of the territorial limits of the aiding unit.
(2) Whenever an emergency occurs and conditions are such that the incident commander, or designee, of the stricken unit determines it is advisable to request aid under MABAS, shall activate the number of aiding units deemed necessary in accordance with the policy and procedures established and maintained by the MABAS member units.
(3) The chief officer, or designee, of the aiding unit shall take the following action immediately upon being requested for mutual aid:
a. Determine what equipment, personnel and/or services are requested according to the system maintained by MABAS.
b. Determine if requested equipment, personnel and/or services can be committed in response to the request from the stricken unit.
c. Dispatch the predetermined requested equipment, personnel and/or services, to the extent available, to the staging location of the emergency reported by the stricken unit in accordance with the procedure of MABAS.
d. Notify the stricken unit if any or all of the requested equipment, personnel and/or services cannot be provided.
WEM 8.05 TYPES AND CLASSES OF RESOURCES. All equipment and apparatus provided to the stricken unit shall be compliant with requirements based on National Fire Protection Association standards and s. TRANS 309 at the time of its original construction and shall fall within one of the NIMS vehicle classifications. At the local response level, staffing guidelines shall be based upon the current local policy and practices. At the regional response level, state response level and national response level, personnel provided by aiding units shall comply with all MABAS staffing guideline minimums.
WEM 8.06 COORDINATORS. Each MABAS division shall have one division coordinator available at all times. Each MABAS region shall designate one division in their region to act as the regional coordinator. Each WEM region will have one designated MABAS division as a Wisconsin emergency management regional coordinator.
WEM 8.07 CREDENTIALING. All firefighters responding under MABAS shall meet the training standards and requirements of entry level firefighter trained under s. COMM 30.07. Emergency medical services responders shall have a valid emergency medical services license as defined in s. HFS 110 through 113.
WEM 8.08 LIMITATIONS ON COVERAGE. (1) Personnel dispatched to aid a stricken unit under MABAS shall remain employees of the aiding unit. Personnel rendering aid shall report for direction and assignment at the scene of the emergency to the incident commander or designee of the stricken unit. The aiding unit shall at all times have the right to withdraw any and all aid upon the order of its chief officer or designee, provided that the aiding unit withdrawing such aid shall notify the incident commander of the stricken unit of the withdrawal of such aid and the extend of such withdrawal.
(2) The rendering of assistance under MABAS shall not be mandatory. Aiding units may refuse if local conditions of the aiding unit prohibit response. It is the responsibility of the aiding unit to immediately notify the stricken unit of its inability to respond.
WEM 8.09 COMPENSATION. Equipment, personnel or services provided under MABAS shall be at no charge to the stricken unit. However, any expenses recoverable from third parties and responsible parties shall be equitably distributed among aiding units. Nothing shall operate to bar any recovery of funds from any state of federal agency under existing state and federal laws.
WEM 8.10 PARTICIPATION. Participating agencies in the statewide mutual aid plan must be either a MABAS member unit or have signed a memorandum of understanding directly with MABAS. Failure to do either does not jeopardize WEM duty officer directed responses to a non-participating community.
SECTION 2. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register as provided in s.
227.22 (2) (intro), Stats.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s.
227.11 (2), Stats., and subchapter XII of ch.
440, Stats., as created by
2005 Wisconsin Act 292, and interpreting subchapter XII of ch.
440, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to create chs.
RL 180 to
183 and Appendix
I, relating to the issuance and renewal of licenses, the issuance of temporary permits, standards of practice and grounds for discipline of licensed midwives.
Hearing Date, Time and Location
Date: August 14, 2006
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
Room 121A (Enter at 55 N. Dickinson St.)
Madison, Wisconsin
Appearances at the Hearing:
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before August 14, 2006 to be included in the record of rule-making proceedings.
Analysis
Explanation of agency authority: Subchapter
XII of ch. 440, Stats., was enacted on April 10, 2006. Under subch.
XII of ch. 440, Stats., the Department of Regulation and Licensing is authorized to promulgate rules relating to the issuance and renewal of licenses; the issuance of temporary permits; standards of practice, and grounds for discipline of a licensed midwife.
Related statute or rule: Section
441.15, Stats., which relates to the licensure of nurse-midwives.
Plain language analysis: Chapter
RL 180 is being created to include definitions of several terms that are used in subch.
XII of ch. 440, Stats., and in chs.
RL 180 to
183. The proposed rules include definitions for administer, consultation, department, direct supervision, health care provider, licensed midwife, practice of midwifery and temporary permit.
Chapter
RL 181 is being created to identify the requirements and procedures for submitting applications for licenses and renewal of licenses and applications for temporary permits.
Chapter
RL 182 is being created to identify the standards of practice of midwifery. The standards of practice established by the National Association of Certified Professional Midwives are set forth in Appendix I. The proposed rules also include standards relating to informed consent, treatment measures and prohibited practices.
Chapter
RL 183 is being created to identify the grounds for discipline of a licensed midwife.
Summary of, and comparison with, existing or federal regulation:
There are no federal laws that govern the licensing of midwives.
Comparison with rules in adjacent states:
Minnesota:
Minnesota licenses traditional midwives. A review of the applicable Minnesota statutes reflects that Minnesota has many requirements that are similar to the requirements for licensure and practice in Wisconsin. Several differences found in the Minnesota statutes include a requirement that licensees complete 30 hours of continuing education every 3 years; a requirement that licensees develop a medical consultation plan, and recordkeeping and reporting requirements.
Michigan:
Michigan does not currently have licensing requirements for certified professional midwives.
Illinois:
Illinois does not currently have licensing requirements for certified professional midwives.
Iowa:
Iowa does not currently have licensing requirements for certified professional midwives.
Summary of factual data and analytical methodologies:
The Department of Regulation and Licensing proposes to promulgate administrative rules relating to the regulation of licensed midwives pursuant to the provisions of
2005 Wisconsin Act 292. The provisions under the Act establish the requirements for obtaining licensure and state that practice rules promulgated shall be consistent with the standards of practice of midwifery established by the National Association of Certified Professional Midwives (NACPM). Drug administration and procedures defined under the rules were written in accordance with NACPM's recommendations. For guidance on the development of the administrative rules, the department has appointed an advisory committee in accordance with the provisions under s.
440.987, Stats.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
The department proposes that the proposed rules will have minor or non-significant effect on small business as it does only initiate regulation on those currently practicing midwifery in the state of Wisconsin, though does so in consistence with the provisions of
2005 Wisconsin Act 292 and the department's charter in maintaining the protection of the public. The rules as written should not have a major or significant economic impact as they do not increase the standards for those already certified by the National Association of Certified Professional Midwives (NACPM).
2005 Wisconsin Act 292, which initiated promulgation of rules regulating licensed midwives, does not substantially increase existing standards for obtaining the midwife license, those standards being (primarily) a preexisting valid certification as a certified professional midwife or a valid nurse-midwife credential granted by the American College of Nurse Midwives. Furthermore, the rules promulgated only restrict practice of midwifery to the standards established by NACPM. Any additional restrictions established must be in accordance with those standards, and may not go against certain provisions under the statutes that may constitute a threat to their practice, which includes a prohibition on establishing the following requirements: a nursing degree; a midwife to practice under supervision or collaboration with a health care provider; a midwife to enter into an agreement with another health care provider; limit the location of where a midwife may practice; permit a midwife to use forceps or vacuum extraction.
Finally, the rules promulgated will regulate approximately 35 people, at least initially, who are currently practicing in Wisconsin under the aforementioned certifications. Additional costs on their practice will be the cost of licensure, or renewal, which is $56/biennium.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Fiscal Estimate
The Department estimates that this rule will require staff time in the Divisions of Management Services, Professional Credentialing, and Enforcement. The one-time salary and fringe costs in the Division of Management Services and Professional Credentialing are estimated at $2,300. The on-going salary and fringe cost in the Division of Enforcement is estimated at $19,800.
Anticipated costs incurred by private sector:
The department finds that this rule has no significant fiscal effect on the private sector.
Effect on small business:
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935; email
pamela.haack@drl.state.wi.us. Comments must be received on or before August 14, 2006, to be included in the record of rule-making proceedings.
Notice of Hearing
Revenue
Notice is hereby given that, pursuant to s.
71.80 (1) (c), Stats., and interpreting ss.
71.04 (4),
(4m),
(5) (intro.),
(6) (intro.),
(7) (d),
(df), and
(dh),
(8) (b),
(8) (c) and
(10) and
71.25 (6),
(6m),
(7) (intro.),
(8) (intro.),
(9) (d),
(df) and
(dh),
(10) (c),
(11) and (14, Stats., the Department of Revenue will hold a public hearing at the time and place indicated below, to consider the repeal, renumbering and amending, amending, and repeal and recreation of rules relating to apportionment of apportionable income.
Hearing Information
The hearing will be held at 9:00 a.m. on Monday, August 14, 2006, in the Events Room (1st floor) of the State Revenue Building, located at 2135 Rimrock Road, Madison, Wisconsin.
Handicap access is available at the hearing location.
Comments on the Rule
Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person shown below no later than August 21, 2006, and will be given the same consideration as testimony presented at the hearing.
Contact Person(s)
Small Businesses: Others:
Tom Ourada Dale Kleven
Department of Revenue Department of Revenue
