Scope Statements
Administration — Office of Justice Assistance
This statement of scope was approved by the governor on November 1, 2011.
Rule No.
OJA 1.
Relating to
Collection and analysis of motor vehicle traffic stop information.
Description of the Objective of the Rule
Repeal OJA 1 to reflect current statutes.
2011 Act 29 repealed the traffic stop data collection provisions created in
2009 Wisconsin Act 28 (the 2009-11 Biennial Budget) effective June 30, 2011. The Act specifically repeals the rule-making authority of the Office of Justice Assistance (OJA) relating to the types of information that law enforcement agencies must collect regarding the driver and occupants of each motor vehicle stopped by an officer (contained in OJA 1), and repeals the requirement that OJA analyze the information submitted to it by law enforcement agencies.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
No new policies are being proposed, other than to reflect law changes.
Statutory Authority for the Rule Including the Statutory Citation and Language)
2011 Act 29 repealed statutory rule making authority (Wis. Stats. 16.964 (16)) used by the Office of Justice Assistance to promulgate OJA 1.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
There is no existing or proposed federal regulation that requires collection or analysis of data as formerly required under Wis. Stats 16.964 (16).
Description of All Entities that may be Impacted by the Rule
Wisconsin local law enforcement agencies formerly required to collect and submit data.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There are no existing federal regulations that require collection of similar data, and we are not aware of any proposed federal regulations that would require collection of traffic stop data.
Contact Person
Tami Jackson
Legislative Liaison, Office of Justice Assistance
608-266-6476
Children and Families
This statement of scope was approved by the governor on October 31, 2011.
Subject
DCF 101, Wisconsin Works criteria for review of placement in unsubsidized employment and providing case management services
Objective and Policy Analysis
The proposed permanent and emergency rules will specify the criteria for review of placement of an individual in unsubsidized employment and providing case management services under s.
49.147 (2) (am), Stats., as created by
2011 Wisconsin Act 32.
Statutory Authority
Effective January 1, 2012, s.
49.147 (2) (am), Stats., as created by
2011 Wisconsin Act 32, will provide that in lieu of placing the individual in a Wisconsin Works (W-2) subsidized employment position, a W-2 agency may provide case management services to an individual who applies for a W-2 employment position if the W-2 agency determines all of the following:
•
The individual meets the eligibility requirements under s.
49.145 (2) and
(3), Stats.
•
The individual is willing to work and has no barriers to employment that cannot be addressed with W-2 services.
•
The individual is job-ready, based on the individual's employment history or education.
•
The most appropriate placement for the individual is in unsubsidized employment.
A W-2 agency shall review the provision of case management services to an individual every 30 days, if the individual is not successful in obtaining unsubsidized employment after legitimate efforts to secure employment, to determine whether the individual, should be placed in a trial job, community service job, or transitional placement. The department shall promulgate rules that specify the criteria for the review process.
Section
49.147 (2) (b), Stats., as affected by
2011 Wisconsin Act 32, provides that a W-2 agency shall assist a participant in his or her search for unsubsidized employment. In determining an appropriate placement for a participant, a W-2 agency shall give priority to placement in unsubsidized employment and providing case management services under s.
49.147 (2) (am), Stats., over placements in trial jobs, community service job, or transitional placement under 49.147 (3) to (5), Stats.
Section
227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Entities that may be Affected by the Rule
W-2 agencies and participants.
Summary of Federal Requirements
None.
Staff Time Required
120 hours.
Contact Information
Janice Peters, Division of Family and Economic Security
(608) 266-7456
Health Services
The Governor approved this Statement of Scope for emergency rules on October 25, 2011.
The Governor approved this Statement of Scope for permanent rules on October 27, 2011.
Rule No.
DHS 115
Relating to
Fee for screening newborns for congenital and metabolic disorders.
Description of the Objective of the Rule
The objective of the rule is to comply with s.
253.13 (2), Stats., to impose a fee for screening newborns for congenital and metabolic disorders and other costs.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Section
253.13 (1), Stats., requires every infant born in a hospital or maternity home or other place be screened for congenital and metabolic disorders as specified in rule by the department. Hospitals, clinics and laboratories on behalf of hospitals, nurse-midwives, midwives, other birth attendants, or other birth facilities (henceforth referred to as “purchasers"), pay a fee to the Wisconsin State Laboratory of Hygiene (WSLH) for newborn screening sample collection cards (henceforth referred to as “card") that will be used for the newborn's blood sample for testing. The fee paid by the purchaser is generally billed to the parent, with most or all paid by h
ealth insurance, parents, or other programs. The fee for the card includes the State's costs for testing for congenital and metabolic disorders and the provision of diagnostic and counseling services, special dietary treatment, and periodic evaluation of infant screening programs, costs of consulting with experts, and program operation costs.
Prior to October 1, 2011, the fee was established, by procedure, by the WSLH Board on behalf of and in consultation with the department. Pursuant to s.
253.13 (2), Stats., the department proposes to impose the fee by emergency rule followed by a permanent rule.
The alternative to promulgating a rule to impose the fee is not to comply with the requirement under s.
253.13 (2), Stats., to impose a fee for testing by rule.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department is authorized to impose a fee by rule for testing newborns for congenital disorders and other costs by s.
253.13 (2), Stats., which provides:
(2) TESTS; DIAGNOSTIC, DIETARY AND FOLLOW-UP COUNSELING PROGRAM; FEES. The department shall contract with the state laboratory of hygiene to perform the tests specified under this section and to furnish materials for use in the tests. The department shall provide necessary diagnostic services, special dietary treatment as prescribed by a physician for a patient with a congenital disorder as identified by tests under sub. (1) or (1m) and follow-up counseling for the patient and his or her family. The department shall impose a fee, by rule, for tests performed under this section sufficient to pay for services provided under the contract. The department shall include as part of the fee established by rule amounts to fund the provision of diagnostic and counseling services, special dietary treatment, and periodic evaluation of infant screening programs, the costs of consulting with experts under sub. (5), the costs of administering the hearing screening program under s.
253.115, and the costs of administering the congenital disorder program under this section and shall credit these amounts to the appropriation accounts under s.
20.435 (1) (ja) and
(jb).
The department is further authorized to promulgate rules interpreting the provisions of s.
253.13 (2), Stats., if the agency believes it necessary to effectuate the purpose of the statute by s.
227.11 (2) (a), Stats., which provides:
(2) Rule-making authority is expressly conferred as follows:
(a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
The department, in addition to being authorized to promulgate the rules as permanent rules, is authorized to promulgate the rules as emergency rules by
2011 Wisconsin Act 32, SECTION
9121 (9) which provides:
(9) CONGENITAL DISORDER TESTING FEES; RULES. Using the procedure under section
227.24 of the statutes, the department of health services shall promulgate rules required under section
253.13 (2) of the statutes, as affected by this act, for the period before the effective date of the permanent rules promulgated under section
253.13 (2) of the statutes, as affected by this act, but not to exceed the period authorized under section
227.24 (1) (c) of the statutes, subject to extension under section
227.24 (2) of the statutes. Notwithstanding section
227.24 (1) (a),
(2) (b), and
(3) of the statutes, the department of health services is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The department estimates that it will take approximately 40 hours to develop the rule.
Description of All Entities that may be Impacted by the Rule
Hospitals, clinics and laboratories on behalf of hospitals, nurse-midwives, midwives, other birth attendants, other birth facilities, physicians, nurses, parents of newborns, insurers, the WSLH, and the Newborn Screening Program.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
The department knows of no existing or federal regulation that addresses the activities of this rule.
Contact Person
Katherine Vaughn-Jehring, MPH, MPA
Department of Health Services
1 West Wilson
Madison, WI 53703
608.267.2173
Revenue
This scope statement was approved by the governor on October 21, 2011
Rule No.
Relating to
Description of the Objective of the Rule
The objective of the proposed rule is to update the Wisconsin Administrative Code to reflect the following tax law changes:
•
Section 71.83 (3), Stats., as renumbered and amended by
2009 Wisconsin Act 28 to change the amount of late filing fees for income, franchise, and partnership returns and withholding reports. The existing provision to be updated is in Section
Tax 2.96.
•
2005 Wisconsin Act 25, which renumbered secs. 71.07 (3n) (b), 71.28 (3n) (b), and 71.47 (3n)(b), Stats., renumbered and amended secs. 71.07 (3n) (e), 71.28 (3n) (e), and 71.47 (3n) (e), Stats., amended secs. 71.07 (3n) (title) and (a) 2.(intro.), 71.28 (3n) (title) and (a) 2. (intro.), and 71.47 (3n) (title) and (a) 2. (intro.), Stats., and created secs. 71.07 (3n) (a) 4., 5., and 6., (b) 2., and (e) 2., 71.28 (3n) (a) 4., 5., and 6., (b) 2., and (e) 2., and 71.47 (3n) (a) 4., 5., and 6., (b) 2., and (e) 2., Stats., to clarify and expand the dairy investment credit; and
2011 Wisconsin Act 15, which amended secs. 71.07 (3n) (a) 2.(intro.), 5. (intro.), and 6.b. and (b) 1. and 2., 71.28 (3n) (a) 2. (intro.), 5. (intro.), and 6.b. and (b)1. and 2., and 71.47 (3n) (a) 2.(intro.), 5. (intro.), and 6. b. and (b) 1. and 2., Stats., to extend the dairy and livestock farm investment credit. Existing provisions to be updated are in Section
Tax 2.99.
•
1993 Wisconsin Act 263, which created sec. 71.05 (1) (e), Stats. [subsequently renumbered 71.05 (1) (c) 3. by
1995 Wisconsin Act 56];
1995 Wisconsin Act 56, which created sec. 71.05 (1) (c) 4., Stats.;
1999 Wisconsin Act 65, which created sec. 71.05 (1) (c) 6., Stats.;
1999 Wisconsin Act 167, which created sec. 71.05 (1) (c) 5., Stats.;
2003 Wisconsin Act 85, which repealed sec. 71.05 (1) (c) 2., Stats., and created sec. 71.05 (1) (c) 1m., Stats.;
2005 Wisconsin Act 335, which created sec. 71.05 (1) (c) 7., Stats.;
2007 Wisconsin Act 20, which created sec. 71.05 (1) (c) 8., Stats.;
2009 Wisconsin Act 28, which created sec. 71.05 (1) (c) 9., Stats.;
2009 Wisconsin Act 205, which created sec. 71.05 (1) (c) 10., Stats.; and
2011 Wisconsin Act 32, which repealed sec. 71.05 (1) (c) 9., Stats., and created sec. 71.05 (1) (c) 12., Stats. These provisions all concern income tax exemptions for certain bonds and notes. Existing provisions to be updated are in Section
Tax 3.095.
•
Section
71.255 (2m) (d), Stats., as amended by
2011 Wisconsin Act 32 to provide that the department may not disregard the tax effect or disallow the election for any controlled group member for any year of the controlled group election period. Existing provisions to be updated are in Chapter
Tax 2.
•
2007 Wisconsin Act 85, which, in part, repealed secs. 125.52 (8), 125.53 (3), and 125.58 (4) (a) 1. to 4., Stats., renumbered and amended sec. 125.58 (4) (a) (intro.), Stats., repealed and recreated sec. 139.035, Stats., and created sec. 125.535, Stats., to authorize the direct shipment of wine. This update is part of a general clean-up prompted by the provisions in
2011 Wisconsin Act 32 concerning three-tier beer laws. The existing provision to be updated (repealed) is Section Tax 8.24.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect law changes. If the rules are not changed, they will be incorrect in that they will not reflect current law or current Department policy.
Statutory Authority for the Rule Including the Statutory Citation and Language)
Section
227.11(2)(a), Stats., provides “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute..."
Section
71.80 (1) (c), Stats., provides “[t]he department may make such regulations as it shall deem necessary in order to carry out this chapter." This provision applies to the proposed rule changes relating to the authority to examine returns, late filing fees, the dairy investment credit and dairy and livestock farm investment credit, income tax exemptions for certain bonds and notes, and the controlled group election.
Section
77.96 (3), Stats., provides “[t]he department of revenue shall levy, enforce, and collect the surcharge under this subchapter." This provision applies to the proposed rule changes relating to the economic development surcharge.
Section
125.03 (1) (a), Stats., provides “[t]he department, in furtherance of effective control, may promulgate rules consistent with this chapter and ch.
139." This provision applies to the proposed rule change relating to the direct shipment of wine.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The department estimates it will take approximately 100 hours to develop the proposed rule order.
Description of All Entities that may be Impacted by the Rule
Tax practitioners, taxpayers, and others who rely on up-to-date and accurate administrative rules.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Contact Person
Dale Kleven (608) 266-8253
Revenue
This scope statement was approved by the governor on October 21, 2011
Rule No.
Relating to
Tax law changes made by
2011 Wisconsin Act 32 and other legislation and additional information relating to interpretive rules adopted by the Streamlined Sales Tax Governing Board that are consistent with Wisconsin laws.
Description of the Objective of the Rule
The objectives of the proposed rule are listed below. Unless otherwise specified, the existing provisions to be updated are in Chapter
Tax 11.
•
To reflect the following tax law changes:
>
Section
77.52 (21), Stats., as revised by
2011 Wisconsin Act 32 to change the sales and use tax treatment of items provided free of charge by a retailer.
>
Section
77.54 (5) (am), Stats., as created by
2011 Wisconsin Act 32 to create a sales and use tax exemption for modular and manufactured homes used in real property construction activities outside Wisconsin.
>
Section
77.54 (11m), Stats., as created by
2011 Wisconsin Act 32 to create a sales and use tax exemption for vegetable oil or animal fat converted to motor vehicle fuel that is exempt from the taxes imposed under s.
78.01 (1), Stats.
>
The repeal of the regional transit authorities.
•
So that it is consistent with the interpretive rules and amendments adopted by the Streamlined Sales Tax Governing Board to the extent those rules and amendments are consistent with Wisconsin's laws and make changes to clarify rules based on suggestions made during last year's compliance review conducted by the SSTGB.
•
To provide specifically that if the due date of a payment falls on a day the Federal Reserve Bank is closed the payment is timely if it is made on the next day the Federal Reserve is open. Existing provisions to be updated are in Section
Tax 1.12.
•
To improve readability and provide clarity, remove potentially obsolete language and add or amend examples where needed for clarification purposes.
•
To make corrections to incorrect statutory cross-references.
•
To correctly reflect the occasional sale provisions contained in Wisconsin law.
•
To reflect the department's position relating to the Federal Anti-Head Tax Act (
49 U.S.C. 40166) as it applies to Wisconsin sales and use tax.
Description of Existing Policies Relevant to the rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Existing policies are as set forth in the rules. New policies are being proposed to reflect law changes such as in the area of items provided free of charge by retailer and the changes being proposed due to the Federal Anti-Head Tax Act (
49 U.S.C. 40166). If the rules are not changed, they will be incorrect in that they will not reflect current law or current Department policy.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a), Stats., provides “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute..."
Section
77.52 (19), Stats., provides “[t]he department shall by rule provide for the efficient collection of the taxes imposed by this subchapter on sales of tangible personal property, or items, property, or goods under sub. (1) (b), (c), or (d), or services by persons not regularly engaged in selling at retail in this state or not having a permanent place of business, but who are temporarily engaged in selling from trucks, portable roadside stands, concessions at fairs and carnivals, and the like. The department may authorize such persons to sell property or items, property or goods under sub. (1) (b), (c), or (d) or sell, perform, or furnish services on a permit or nonpermit basis as the department by rule prescribes and failure of any person to comply with such rules constitutes a misdemeanor." This provision applies to proposed rule changes relating to Chapter
Tax 11.
Section
77.65 (3), Stats., provides “[t[he department may enter into the agreement to simplify and modernize sales tax and use tax administration in order to substantially reduce the tax compliance burden for all sellers and for all types of commerce. The department may act jointly with other states that are signatories to the agreement to establish standards for the certification of a certified service provider and certified automated system and to establish performance standards for multistate sellers. The department may promulgate rules to administer this section, may procure jointly with other states that are signatories to the agreement goods and services in furtherance of the agreement, and may take other actions reasonably required to implement this section. The secretary of revenue or the secretary's designee may represent this state before the states that are signatories to the agreement." This provision also applies to proposed rule changes relating to Chapter
Tax 11.
Section
73.029, Stats., provides “[t]he department of revenue may require electronic funds transfer only by promulgating rules." This provision applies to proposed rule changes relating to Section
Tax 1.12.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The department estimates it will take approximately 200 hours to develop the proposed rule order.
Description of All Entities that may be Impacted by the Rule
Tax practitioners, taxpayers, and others who rely on up-to-date and accurate administrative rules, persons issuing or receiving exemption certificates, persons providing services subject to the Federal Anti-Head Tax Act (
49 U.S.C. 40166), persons providing training services along with the sale of prewritten computer software, persons engaged in barter type transactions, and persons selling prepaid calling services.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
The Federal Anti-Head Tax Act (
49 U.S.C. 40166) prohibits states and political subdivisions from taxing air commerce and transportation. The changes made by the rule will ensure that Wisconsin's sales and use tax is in compliance with the Act.
Contact Person
Dale Kleven (608) 266-8253
Revenue
This scope statement was approved by the governor on October 25, 2011
Rule No.
Section
Tax 2.985 (emergency and permanent rule).
Relating to
Electronic medical records credit.
Description of the Objective of the Rule
The objective of the emergency and proposed permanent rules is to create Section
Tax 2.985, relating to the electronic medical records credit. The rules will implement a program to certify health care providers as eligible for the electronic medical records credit under ss.
71.07 (5i),
71.28 (5i), and
71.47 (5i), Stats., and allocate to certified providers, tax credits for information technology (IT) hardware or software that is used to maintain medical records in electronic form.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Sections
71.07 (5i),
71.28 (5i), and
71.47 (5i), Stats., permit a health care provider, as defined in s.
146.81 (a) to (p), Stats., to claim as a credit, subject to limitations, against taxes imposed under ss.
71.02 and
71.08, Stats., up to the amount of those taxes, an amount equal to 50 percent of the amount the claimant paid in the taxable year beginning after December 31, 2011, for information technology hardware or software that is used to maintain medical records in electronic form.
Section
73.15 (3), Stats., requires the department to promulgate rules to implement a program to certify health care providers as eligible for the electronic medical records credit under ss.
71.07 (5i),
71.28 (5i), and
71.47 (5i), Stats., and to allocate to certified providers, tax credits for information technology (IT) hardware or software that is used to maintain medical records in electronic form.
The department intends to propose rules interpreting the provisions of ss.
71.07 (5i),
71.28 (5i),
71.47 (5i), and
73.15 (1) and
(2), Stats., including addressing activities relating to: (1) eligibility; (2) application and documentation; (3) criteria for certification (4) criteria for allocation of credits; and (5) claiming credits.
Because health care providers may begin claiming the tax credits for amounts paid for IT hardware and software to maintain medical records in electronic form, beginning in taxable year 2012, the department will issue these rules first as emergency rules and then as permanent rules.
The alternative of not promulgating these rules would conflict with a directive in s.
73.15 (3) Stats., which requires the department to promulgate these rules.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department is authorized by s.
73.15 (3), Stats., to promulgate rules to comply with the provisions under ss.
73.15 (1) and
(2), Stats., which provide:
73.15 (1) The department of revenue shall implement a program to certify health care providers as eligible for the electronic medical records credit under ss.
71.07 (5i),
71.28 (5i), and
71.47 (5i).
(2) If the department of revenue certifies a health care provider under sub. (1), the department shall determine the amount of credits to allocate to the health care provider. The total amount of electronic medical records credits allocated to health care providers in any year may not exceed $10,000,000.
(3)The department of revenue shall promulgate rules to administer this section.
The department is further authorized by s.
227.11 (2) (a), Stats., to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency believes it necessary to effectuate the purpose of the statutes enforced or administered by the agency. Section
227.11 (2) (a), Stats., provides:
227.11 (2) Rule-making authority is expressly conferred as follows:
(a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
The department is authorized to promulgate the rules as emergency rules under s.
227.24,
(1) (a), Stats., which provides:
227.24 (1) (a) An agency may promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under this chapter if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to develop the rules is expected to range from 100 to 200 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Description of All Entities that may be Impacted by the Rule
Health care providers, as defined in s.
146.81 (1) (a) to
(p), Stats., that incur IT hardware and software costs for maintaining medical records in electronic form.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
The federal Office of the National Coordinator (ONC) for Health IT promulgated
45 CFR 170 relating to health IT standards, implementation specifications, and certification criteria and certification programs for health IT. These rules, in addition to the rules for meaningful use of certified EHR technology under
42 CFR 495, are being used by the Centers for Medicare and Medicaid (CMS) to administer an electronic health record incentive payment program. CMS will require health care providers participating in Medicare to adopt and use certified EHR technology or face penalties beginning in 2016.
Contact Person
Dale Kleven (608) 266-8253
Safety and Professional Services —
Optometry Examining Board
This statement of scope was approved by the governor on November 1, 2011.
Rule No.
OPT 5.02
Relating to
Lens prescription.
Description of the Objective of the Rule
The objective is to allow for electronic signatures on a lens prescription.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
The current definition for lens prescription states a “written order" which could be interpreted to not allow for an electronic signature. A contact lens prescription does not have the requirement of “written order" and requires a signature. This same section defines signature as a handwritten mark or an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. Modification of the current definition for lens prescription would provide clarity and create a consistency between lens prescriptions and contact lens prescriptions. Health care entities are increasingly utilizing electronic signatures as a way to improve patient safety, inefficiencies and control costs.
Statutory Authority for the Rule Including the Statutory Citation and Language)
Section
15.08 (5) (b) Each examining board: shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
25 hours
Description of All Entities that may be Impacted by the Rule
Licensees benefit by providing patient safety in an economically advantageous manner.
Consumers have the benefit of increased access and safety as well as reaping the economic impact felt by the licensee.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
None.
Contact Person
Sharon Henes, (608) 261-2377
