Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the September 30, 2003, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Barbering and Cosmetology Examining Board
(CR 02-058)
An order affecting chs.
BC 1 to
4, relating to cutting, disinfectants, disinfection, massaging, delegated medical procedures, body piercing, tattooing, tanning booths, managers, relocation of establishments, sterilization and forfeitures. Effective 10-1-03.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting chs.
HFS 110 to
113, relating to the licensing of emergency medical technicians and the certification of first responders to incorporate responding to acts of terrorism as a training component required for initial or renewed licensure or certification. Effective 10-1-03.
Summary of Final Regulatory Flexibility Analysis
These rules apply to the Department of Health and Family Services, the Division of Hearings and Appeals in the Department of Administration, ambulance service providers and emergency medical technicians. Some affected ambulance service providers may be “small businesses" as defined in s.
227.114 (1) (a), Stats. These rules implement new requirements, but any additional training costs are covered by the Department and there should be no additional expenses for businesses.
Summary of Comments by Legislative Review Committees
On May 27, 2003, the Senate Committee on Health, Children, Families, Aging and Long Term Care voted to request modifications to the rulemaking order. The Committee's request was based on the following concerns expressed at the Committee's May 27th public hearing principally by the Wisconsin State Fire Chief's Association.
1. Alternative delivery systems are needed to allow EMS personnel to fulfill their training obligations. One alternative is four hours of virtual course completion.
2. The training should be included in current curriculum and refresher courses; not mandated as separate training.
3. Many personnel have had countless hours of terrorism/hazardous materials training, however, this training is not being recognized by the Department despite endorsement by the US Surgeon General.
Generally, Committee members hoped that fire departments would need to incur as few additional expenses as possible in implementing the rule, and that the Department recognize the training that some personnel have already received on terrorism and hazardous materials. Finally, the Committee asked that the training delivery method not be so restrictive, so training could be provided more quickly and more economically.
In response, the Department discussed the issues with representatives of the Fire Chiefs' Association and ultimately modified the order's wording to delete reference in chs.
HFS 110 to
113 to the training amounting to four hours duration and, in ch.
HFS 110, deleting the increase to 144 hours of mandatory attendance for EMT basic training course.
On August 8th, the Committee waived jurisdiction over the rule.
An order affecting ch.
HFS 124, relating to critical access hospitals. Effective 10-1-03.
Summary of Final Regulatory Flexibility Analysis
The rule changes will not affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
NR 447, relating to citation authority for asbestos program violations. Effective 10-1-03.
Summary of Final Regulatory Flexibility Analysis
The proposed rule will affect demolition and asbestos abatement contractors and their customers. As a result of the citation system, all businesses, including small businesses, which do asbestos demolition and renovation work will be faced with more prompt and effective enforcement of the existing rule.
Summary of Comments by Legislative Review Committees
The proposed rule was reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On March 27, 2003, the Senate Committee on Environment and Natural Resources held a public hearing and requested modifications to the proposed rule to more precisely define the conditions under which the Department can issue citations for violations of a small set of the asbestos regulations. On April 2, 2003, the Assembly Committee on Natural Resources held a public hearing, but did not request any modifications. At its May 28, 2003 meeting the Natural Resources Board adopted the modifications requested by the Senate Committee on Environment and Natural Resources.
On June 18, 2003, the Assembly Committee on Natural Resources held a public hearing on the proposed rule and requested an additional modification to address concern about the inspection that is to be completed before asbestos abatement for demolition or renovation work begins. A sentence was added that reads, “The department may not issue a citation under this paragraph on the grounds that an inspection was not thorough."
No additional comments were received from the committees.
An order affecting ch.
NR 25, relating to commercial fishing in Lake Michigan. Effective 10-1-03.
Summary of Final Regulatory Flexibility Analysis
No additional compliance or reporting requirements will be imposed as a result of these rule changes.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On July 9, 2003, the Assembly Committee on Natural Resources held a public hearing. On July 10, 2003, the Senate Committee on Environment and Natural Resources held a public hearing. No requests for modifications were received as a result of these hearings.
An order affecting chs.
NR 190 and
192, relating to lake management planning grants. Effective 10-1-03.
Summary of Final Regulatory Flexibility Analysis
These rules affect potential sponsors of lake management activities which include lake organizations, local government, tribes, school districts and nonprofit conservation organizations. Most of the amendments are the result of changes in statute or are minor housekeeping changes. The effects are believed to be minor yet positive, by providing a broader range of eligible sponsors, making it easier for sponsors to raise the local match and improving the clarity of the rules.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On July 9, 2003, the Assembly Committee on Natural Resources held a public hearing. No request for modifications was received as a result of these hearings.
