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.
Related statute or rule
See the “Statutes interpreted” and “Statutory authority” sections.
Plain language analysis
Chapter DHS 145 establishes a surveillance system for the purpose of controlling the incidence and spread of communicable diseases. This surveillance system consists of timely and effective communicable disease reporting by local health departments, laboratories, health care facilities, schools, day care centers, and others (reporters); methods of intervention to prevent transmission of communicable diseases; means of investigation; and prevention and control of outbreaks by local health officers and the department. Since 2008, when the list of communicable diseases was last revised, a number of communicable diseases and conditions, including Ebola, valley fever, and dengue, have been determined by the state epidemiologist to be reportable, or have been recommended as reportable at the national level by the Council of State and Territorial Epidemiologists (CSTE). These communicable diseases are not currently listed in ch. DHS 145. The outdated list therefore makes it difficult for reporters to determine whether to report a disease or condition, and adds to the failure of not reporting diseases not specifically listed. The department proposes to revise the list to include communicable diseases and conditions declared notifiable by the state epidemiologist, and/or CSTE. The CSTE encourages states to establish parallel reporting requirements and typically places under surveillance novel pathogens, or those with severe manifestations, whose transmission is amenable to control by public health measures. The department also proposes to remove any disease or condition from the list that may no longer be reportable.
The department also proposes to incorporate updated standards by reference, including for methods of communicable disease control, laboratory testing, and treatment. Chapter DHS 145 includes numerous literature citations to standards the department incorporated by reference that are now outdated, and may lead to implementation of inaccurate and possibly harmful recommendations for disease control and prevention. It also obligates the department and local health departments to maintain access to outdated materials to meet public health accreditation requirements. There are no reasonable alternatives to rulemaking. Without proposed revisions to ch. DHS 145, disease reporters may fail to report communicable diseases that threaten public health, national communicable disease data may not reflect diseases occurring in Wisconsin, (3) public health surveillance and response to those diseases may be diminished, and the rule would remain outdated. Summary of, and comparison with, existing or proposed federal regulations
There appears to be no existing or proposed federal regulation that addresses the activities to be regulated by the proposed rule.
Comparison with rules in adjacent states
Illinois:
Illinois JCAR Administrative Code Title 77, Chapter I, Subchapter k, Part 690, Subpart A, Section 690.20 Incorporated and Referenced Materials contains a list of communicable disease references that includes the American Academy of Pediatrics Red Book. Proposed rule revisions include a new reference to this source. Illinois JCAR Administrative Code Title 77, Chapter I, Subchapter k, Part 690, Subpart B, Section 690.100 Diseases and Conditions contains a list and description of reportable diseases and conditions similar to ch. DHS 145 Appendix A. Iowa:
Iowa Administrative Code 641, Chapter 1 Reportable Diseases, Poisonings and Conditions, and Quarantine and Isolation contains references similar to those incorporated in ch. DHS 145. Iowa Administrative Code 641, Chapter 1, Appendix A (Table of Reportable Communicable and Infectious Diseases) and Appendix B (Table of Reportable Poisonings and Conditions) contain lists and reporting instructions similar to ch. DHS 145 Appendix A. Michigan:
In accordance with Michigan Public Act 368 of 1978, 333.5111, the Department of Community Health maintains a list of reportable diseases, infections, and disabilities. The list is reviewed and revised at least annually. The most recent version is available at www.michigan.gov/cdinfo and is not incorporated directly into statute or code. The list is similar to the content in ch. DHS 145 Appendix A. Minnesota:
Minnesota Chapter 4605 Department of Health Communicable Diseases includes a list of reportable infectious diseases in section 4605.7040 Disease and Reports; Clinical Materials Submission. The list is similar to the infectious diseases included in ch. DHS 145 Appendix A. Summary of factual data and analytical methodologies
Data were obtained through feedback from DHS 145 advisory committee members, and electronically published Center for Disease Control and Prevention (CDC) and CSTE infectious disease documents. The data sources and analysis used in drafting the rules are accurate, reliable and objective.
Analysis and supporting documents used to determine effect on small business
None. The proposed rule is anticipated to have little to no economic impact on small businesses.
Effect on small business
The proposed rule is anticipated to have little to no economic impact on small businesses.
Agency contact person
Suzanne Gibbons-Burgener, DVM, PhD
(608) 266-0749
Place where comments are to be submitted and deadline for submission
Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The deadline for submitting comments and the notice of public hearing will be posted on the Wisconsin State Legislature’s Administrative Rules website, http://docs.legis.wisconsin.gov/code. RULE TEXT
SECTION 1. DHS 145.03 (19) and (19) (Note) are amended to read:
DHS 145.02 (19) “Other disease or condition having the potential to affect the health of other persons” means a disease that can be transmitted from one person to another but that is not listed in Appendix A of this chapter and therefore is not reportable under this chapter, although it is listed in Control of Communicable Diseases Manual, 18th edition (2004), edited David L Heymann, and published by official reports of the American Public Health Association, unless specified otherwise by the state epidemiologist.
Note: The handbook, official report of the American Public Health Association entitled Control of Communicable Diseases Manual, 18th 20th edition (2004) (2015), edited by David L. Heymann, is on file in the Department’s Division of Public Health and the Legislative Reference Bureau, and is available for purchase from the American Public Health Association, Publications Sales, PO Box 933019, Atlanta, GA 31193-3019.
SECTION 2. DHS 145.05 (2), (3), and (4) (Note) are amended to read:
DHS 145.05 (2) Local health officers shall follow the methods of control set out in section 9 under each communicable disease listed in the 18th edition (2004) of Control of Communicable Diseases Manual, edited by David L. Heymann, published by official reports of the American Public Health Association and the American Academy of Pediatrics, unless specified otherwise by the state epidemiologist. Specific medical treatment shall be prescribed by a physician or an advanced practice nurse prescriber.
DHS 145.05 (3) Any person licensed under ch. 441 or 448, Stats., attending a person with a communicable disease shall instruct the person in the applicable methods of control contained in Control of Communicable Diseases Manual, 18th edition (2004), edited by David L. Heymann, published by official reports of the American Public Health Association and the American Academy of Pediatrics, unless specified otherwise by the state epidemiologist, and shall cooperate with the local health officer and the department in their investigation and control procedures. DHS 145.05 (4) (Note) The handbook, official report of the American Public Health Association entitled Control of Communicable Diseases Manual, 18th 20th edition (2004) (2015), edited by David L. Heymann, is on file in the Department’s Division of Public Health and the Legislative Reference Bureau, and is available for purchase from the American Public Health Association, Publications Sales, PO Box 933019, Atlanta, GA 31193-3019. The official report of the American Academy of Pediatrics entitled Red Book: 2015 Report of the Committee on Infectious Diseases, 30th edition (2015), edited by David W. Kimberlin is available for purchase from the American Academy of Pediatrics, 141 Northwest Point Blvd, Elk Grove Village, IL 60007-1019. These reports are on file in the Department’s Division of Public Health and the Legislative Reference Bureau.
SECTION 3. DHS 145.07 (2) and (Note), and (3) and (Note) are amended to read:
DHS 145.07 (2) PERSONAL CARE. Home health agency personnel providing personal care in the home and persons providing personal care in health care facilities, day care centers and other comparable facilities shall refrain from providing care while they are able to transmit a communicable disease through the provision of that care, in accord with the methods of communicable disease control contained in official guidance of the Centers for Disease Control and Prevention, “Guideline for Infection Control in Health Care Personnel, 1998,” unless specified otherwise by the state epidemiologist.
Note: The publication, official guidance of the Centers for Disease Control and Prevention entitled, “Guideline for Infection Control in Health Care Personnel, 1998,” is on file in the Department’s Division of Public Health and the Legislative Reference Bureau, and is available for purchase from the National Technical Information Service (NTIS), U.S. Dept. of Commerce, 5285 Port Royal Road, Springfield, VA 22161, (703) 486-4650. may be found in the American Journal of Infection Control, vol. 26, 1998, pp. 289-354.
DHS 145.07 (3) FOOD HANDLERS. Food handlers shall refrain from handling food while they have a disease in a form that is communicable by food handling, in accord with the methods of communicable disease control contained in Control of Communicable Diseases Manual, 16th edition (1995), edited by Abram S. Benenson, and published by official reports of the American Public Health Association, unless specified otherwise by the state epidemiologist.
Note: The handbook, official report of the American Public Health Association entitled Control of Communicable Disease Manual, 16th 20th edition (1995) (2015), edited by Abram S. Benenson David L. Heymann, is on file in the Department’s Division of Public Health and the Legislative Reference Bureau, and is available for purchase from the American Public Health Association, 1015 Fifteenth St., NW, Washington D.C. 20005. Publication Sales, PO Box 933019, Atlanta, GA 31193-3019.
SECTION 4. DHS 145.09 (1) (Note) and (2) (Note) are amended to read:
DHS 145.09 (1) Note: Isolates for the state repository should be sent to: Mycobacteriology Laboratory, Wisconsin State Laboratory of Hygiene, Room 121, 465 Henry Mall 2601 Agriculture Dr., Room 254, Madison, WI 53706 53718.
DHS 145.09 (2) Note: The official statement of the Association of Public Health Laboratory entitled “Mycobacterium tuberculosis: assessing your laboratory”, 2013 is on file in the Legislative Reference Bureau, and is available from the Department’s Division of Public Health, P.O. Box 2659, Madison, WI 53701–2659.
SECTION 5. DHS 145.10 (1) and (Note) and (3) (Note) are amended to read:
