The proposed rules do not impose any additional reporting, bookkeeping or other procedures for compliance.
Types of professional skills necessary for compliance with the rules.
The proposed rules do not require any type of professional skills for compliance.
Rules have a significant economic impact on small businesses?
No.
Small Business Regulatory Coordinator
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Environmental Analysis
The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The general increases for the plan review and inspection fees for public swimming pools and water attractions are similar to those proposed in 2008. It is estimated that the plan review and inspection fee adjustments will result in an estimated annual increase in revenues of $25,000.
One fee reduction is occurring in light of the implementation of the federal Virginia Graeme Baker Pool and Spa Safety Act which necessitates most existing public swimming pools and water attractions to undergo physical modifications to reduce the risk of entrapment at suction outlets. The plan review and inspection fees for these types of pool and water attraction modifications are reduced by 50 to 67%. The reduction will save pool and water attraction owners $200 to $650 per plan submittal. The department estimates there are still approximately 1,900 existing public swimming pools and water attractions in Wisconsin needing to submit plans for the necessary federally mandated modifications. The department estimates that 90% of the future plan submittals, 1,710, will fall under the category involving department inspections and 10% of the future plan submittals, 190, will fall under the category where the department does not conduct the inspections. Under this assumption, the department will not realize $703,000 in plan review and inspection revenue from these plan submittals under the rules.
The Department believes that the rules will have a minimal direct impact on small business in that most businesses would utilize the plan review and inspection services on an infrequent basis and are typically a one time occurrence. These types of fees would not be significant to the overall operation of the business in comparison to overall expenses.
State fiscal effect
Decrease existing revenues.
Local government fiscal effect
None.
Fund sources affected
PRO.
Long-range fiscal implications
None are anticipated.
Agency Contact Person
James Quast, Program Manager
Phone: (608) 266-9292
Notice of Hearing
Health Services
Community Services, Chs.
DHS 30—
NOTICE IS HEREBY GIVEN that pursuant to ss.
46.973 (2) (c),
51.42 (7) (b),
51.45 (8) and
(9) and
227.11, Stats., and
2005 Wisconsin Act 25, section
9121, the Department of Health Services will hold a public hearing on proposed rules to consider revisions to Chapter
DHS 75, relating to substance abuse counselors, clinical supervisors, and prevention specialists, and affecting small businesses.
Hearing Information
Date and Time
|
Location
|
January 22, 2010
10:00 a.m. to Noon
|
Wilson Street State Office Bldg.
1 W. Wilson St., Rm. 751
Madison, WI
|
Accessibility
English
DHS is an equal opportunity employer and service provider. If you need accommodations because of a disability or need an interpreter or translator, or if you need this material in another language or in an alternate format, you may request assistance to participate by contacting S. Kate Johnson at (608) 267-7707. You must make your request at least 7 days before the activity.
Spanish
DHS es una agencia que ofrece igualdad en las oportunidades de empleo y servicios. Si necesita algún tipo de acomodaciones debido a incapacidad o si necesita un interprete, traductor o esta información en su propio idioma o en un formato alterno, usted puede pedir asistencia para participar en los programas comunicándose con S. Kate Johnson al número (608) 267-7707. Debe someter su petición por lo menos 7 días de antes de la actividad.
Hmong
DHS yog ib tus tswv hauj lwm thiab yog ib qhov chaw pab cuam uas muab vaj huam sib luag rau sawv daws. Yog koj xav tau kev pab vim muaj mob xiam oob qhab los yog xav tau ib tus neeg pab txhais lus los yog txhais ntaub ntawv, los yog koj xav tau cov ntaub ntawv no ua lwm hom lus los yog lwm hom ntawv, koj yuav tau thov kev pab uas yog hu rau S. Kate Johnson ntawm (608) 267-7707. Koj yuav tsum thov qhov kev pab yam tsawg kawg 7 hnub ua ntej qhov hauj lwm ntawd.
Copies of the Rule
A copy of the rules may be obtained from the department at no charge by downloading the documents from
www.adminrules.wisconsin.gov or by contacting:
S. Kate Johnson
Bureau of Prevention, Treatment and Recovery
DMHSAS/DHS
1 West Wilson Street, Room 850
Madison, WI 53704
(608) 267-7707
Submission of Written Comments
Comments may be submitted to S. Kate Johnson, listed above, or to the Wisconsin Administrative Rules Website at
www.adminrules.wisconsin.gov until January 22, 2010, 4:30 p.m.
Analysis Prepared by the Department of Health Services
Statute interpreted
Statutory authority
Explanation of agency authority
Section
46.973 (2) (c), Stats., authorizes the Department to develop standards and provide consultation for local drug dependence and drug abuse programs, and s.
51.42 (7) (b), Stats., authorizes the Department to promulgate rules governing a variety of services, including alcoholism and drug abuse services. Section
51.45 (8), Stats., authorizes the Department to establish minimum standards for approved treatment facilities that must be met in order for a treatment facility to be approved. Section
51.45 (9), Stats., authorize the Department to promulgate rules for acceptance of persons into the treatment program for the purpose of early and effective treatment of alcoholics and intoxicated persons. All of the standards are referenced in ch.
DHS 75.
Section
227.11 establishes requirements and parameters for agencies to promulgate rules, policies, and documents supporting rules for programs that are administered by it.
Related statute or rule
Plain language analysis
The Department proposes to amend ch.
DHS 75, relating to substance abuse counselors, clinical supervisors, and prevention specialists to reflect the transfer of credentialing authority for these professions from the Department to the Department of Regulation and Licensing (DRL) as required under
2005 Wisconsin Act 25, s.
9121 (12s) and conform the definitions in ch.
DHS 75 with those in chs.
RL 160 to
168.
Chapter
DHS 75 has not been updated to reflect these changes since the changes were created in 2005. The passage of Act 25 divided oversight for substance abuse programs and providers resulting in the Department maintaining responsibility for certification of substance abuse services and assigning DRL responsibility for certification of individuals providing substance abuse treatment.
The proposed changes to ch.
DHS 75 include the following:
1)
Updating definitions in s.
DHS 75.02 to reflect changes to those terms in chs.
RL 160 to
168, including clinical supervisor, counseling, prevention, prevention specialist, prevention specialist-in training, and substance abuse counselor, substance abuse counselor-in training, and clinical substance abuse counselor.
2) Updating the names of bureaus and divisions.
3) Incorporating any additional changes related to the definitions referenced above.
These policy changes cannot be implemented in an alternative manner or policy due to the scope of ch.
DHS 75, which establishes policies for certification of community substance abuse services. Definitions of substance abuse professionals are currently included in ch.
DHS 75 and need to be updated due to their direct relationship with substance abuse services.
The expected outcome of these revisions is to have ch.
DHS 75 to be congruent with chs.
RL 160 to
168, and reflect current statutory requirements. There will not be an effect on businesses and public agencies since these changes are already implemented within DRL.
Comparison with federal regulations
There appears to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.
Comparison with rules in adjacent states
Illinois:
Title 77 Part 2060 of Illinois Administrative Code sets forth the requirements for certification of substance abuse treatment and intervention services. Substance abuse counselors are licensed by the Illinois Alcohol and Other Drug Abuse Professional Certification Association according to the Illinois Model for the Certification of Alcohol and other Drug Abuse Counselors.
Iowa:
Alcohol and drug counselors are certified by the Iowa Board of Certification according to their rules and regulations published in the Alcohol and Drug Counselor Handbook. Substance abuse treatment programs in Iowa are licensed according to Ch. 125.13, Stats., and Adm. Code 641, Ch.
155.
Michigan:
In Michigan, substance abuse counselors must meet Michigan Certification Board for Addiction Professionals certification requirements which are taken from the International Certification and Reciprocity Consortium (ICRC). Substance use disorder programs must be licensed according to Act 360, s. 6231 (1), Stats., and ss.
325.14101 to
325.14928,
Adm. Code.
Minnesota:
Alcohol and Drug Counselors in the State of Minnesota are certified according to s. 148C., Stats., and ss. 4747.0010 to 4747.1500,
Adm. Rule, established by the Minnesota Board of Behavioral Health and Therapy. Substance abuse treatment programs must be licensed according to treatment licensing rules ss. 9530.6405 to 9530.6505
(Rule 31).
Summary of factual data and analytical methodologies
The proposed rules will not directly affect small businesses. The rules under this order are to conform to the transfer of authority under
2005 Wisconsin Act 25 from the department to DRL.
Analysis and supporting documents used to determine effect on small business
The proposed rules will not directly affect small businesses. Any fiscal impact upon small business occurred when the changes from
2005 Wisconsin Act 25 were implemented by DRL in 2005 and 2006.
Small Business Impact
The proposed rules will not directly affect small businesses. The rules under this order are to conform to the transfer of authority under
2005 Wisconsin Act 25 from the department to DRL. Any fiscal impact upon small business occurred when the changes from
2005 Wisconsin Act 25 were implemented by DRL in 2005 and 2006.
Small Business Regulatory Coordinator
Rosie Greer
