(a) The department may promulgate rules necessary for administration of this section.
(b) The department shall promulgate rules under subs. (8) (b), (c) and (e) and (8m).
(c) The department shall promulgate rules that specify actions that emergency medical services practitioners may undertake after December 31, 1995, including rules that specify the required involvement of physicians in actions undertaken by emergency medical services practitioners.
Rule-making authority is expressly conferred on an agency as follows:
i.
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 rule-making 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.ii.
Each agency may prescribe forms and procedures in connection with any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but this paragraph does not authorize the imposition of a substantive requirement in connection with a form or procedure.iii.
Each agency authorized to exercise discretion in deciding individual cases may formalize the general policies evolving from its decisions by promulgating the policies as rules which the agency shall follow until they are amended or repealed. A rule promulgated in accordance with this paragraph is valid only to the extent that the agency has discretion to base an individual decision on the policy expressed in the rule.iv.
An agency may promulgate rules implementing or interpreting a statute that it will enforce or administer after publication of the statute but prior to the statute’s effective date. A rule promulgated under this paragraph may not take effect prior to the effective date of the statute that it implements or interprets.v.
An agency may not inform a member of the public in writing that a rule is or will be in effect unless the rule has been filed under s. 227.20 or unless the member of the public requests that information.
c.
Statute/s or rule/s that will affect the proposed rule or be affected by it
VI.
Estimates of the amount of time that state employees will spend to develop the rule and other necessary resources State employees are estimated to spend up to 2080 work hours developing the rule changes.
VII.
Description of all of the entities that may be affected by the rule, including any local governmental units, businesses, economic sectors, or public utility ratepayers who may reasonably be anticipated to be affected by the rule The proposed changes are anticipated to affect approximately eight hundred licensed ambulance services and emergency medical responders groups and approximately 17,619 individual licensed emergency medical service practitioners throughout the state.
VIII.
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 appear to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.
IX.
Anticipated economic impact, locally or statewide The proposed rule will have minimal or no economic impact.
Division Administrative Rule Coordinator:
Susan Uttech
State Public Health Standards Director
(608) 267-3561
Project Lead:
Mark Mandler
EMS Regional Coordinator
(608) 266-8853
