Repeals Chapter HFS 129 and creates Chapter DHS 129, relating to certification and training of nurse aides, home health aides, medication aides, feeding assistants, and hospice aides. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
Based on a review of DHS licensing data, including, financial reports submitted by the entity, Medicaid reimbursement data, number of beds and whether the entity is a part of a larger health care organization, DHS has determined that the affected nursing homes, hospitals and facilities for the developmentally disabled are not small businesses as defined by section 227.114 (1) (a), Stats.
Although some nursing homes in Wisconsin meet the definition of a small business, none of the 33 nursing homes that currently provide nurse aide training meet this definition. The technical colleges, high schools, universities and 3 non profit entities in the “Other" category that provide nurse aide training do not meet the definition of a small business either. The Department has no detailed financial data regarding the remaining ten nurse aide training programs in the “Other" category and assumes these for profit entities are small businesses. Based on available data it appears 8 of the 10 nurse aide training programs categorized as “Other" will be affected by this rule change. (As noted above, 2 training programs meeting the definition of a small business already provide 120 or more training hours.) This represents 9% of all nurse aide training programs in Wisconsin. It is estimated that any increased costs will be passed on to students in the form of higher tuition, with no significant impact on the affected entities. New training programs will be able to build the 120 hour training requirement into their business plan.
Summary of Comments by Legislative Review Committees
No comments were received.
Natural Resources
Revises Chapters NR 439, 446 and 484, relating to the control of mercury emissions from electrical generating units. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
The requirements in the revisions do not impose regulatory requirements on small businesses in Wisconsin. The electric generating units subject to the emission reduction requirements are not small businesses. However, any costs which the electric utility industry incurs to meet the requirements will likely be passed on to their customers, which will include small businesses. For an average household, the cost is expected to be $5 to $12 annually.
Summary of Comments by Legislative Review Committees
The rule was reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On August 20, 2008, the Assembly Committee on Natural Resources held a public hearing. As a result of that hearing, the Committee requested that the Department prepare an economic impact report on the rule and remove all provisions relating to nitrogen oxides and sulfur dioxide. On August 22, 2008, the Department declined to make the modifications. On September 4, 2008, Clearinghouse Rule No. 07-036 was referred to the Joint Committee for Review of Administrative Rules. The Joint Committee did not take any action on the rule.
Natural Resources
Revises Chapters NR 320, 323, 328, 329, 341, 343 and 345, relating to general permit criteria requiring decontamination of equipment for invasive species and viruses. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
Small businesses affected by this rule will include contractors, developers, consultants, builders, public utility companies and municipalities who provide plans, design or engage in projects along public navigable waterways. Small businesses would need to do several activities to comply: 1) make a self-determination of exemption using web-based tools provided by the department or describe their activity on an exemption determination request form; and either 2) complete a general permit application; or 3) complete an individual permit application.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources. On August 20, 2008, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive a comments or requests for modification as a result of the hearing.
Natural Resources
Revises Chapter NR 105, relating to surface water quality criteria. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
The Department has determined that the changes to criteria proposed in this rule package will not have a significant impact on small businesses. Of the 18 substances proposed for criteria revisions, it is estimated that no discharge permits will be affected for 14 of those substances. The only substances for which changes in permit limitations are foreseen are arsenic, copper, nickel and selenium. The number of permits that would need new or lower permit limits include 52 municipalities, 26 industries, and 7 public or privately owned treatment facilities. A small number of the 26 industries may be considered small businesses, and the changes in the municipality limits could have indirect impacts on small businesses within those communities.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources. On August 20, 2008, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive a comments or requests for modification as a result of the hearing.
Natural Resources
Revises Chapters NR 20, 21, 22 and 23, relating to fishing on the inland, outlying and boundary waters of Wisconsin. Effective 12-1-08 and 4-1-09.
Summary of Final Regulatory Flexibility Analysis
The rules do not impose any compliance or reporting requirements on small businesses, nor are any design or operational standards contained in the rule. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources. On August 20, 2008, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive a comments or requests for modification as a result of the hearing.
Natural Resources
Revises Chapters NR 1, 8, 10, 11, 12, 15, 16, 17 and 19, relating to hunting, trapping, captive wild animals, dog training, nuisance animal removal, wildlife rehabilitation and license issuance. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
The rules pertain to hunting and nuisance wild animal removal. These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, nor are any design or operational standards contained in the rule. Therefore, under s. 227.19 (3m), Stats., a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources. On August 20, 2008, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive a comments or requests for modification as a result of the hearing.
Pharmacy Examining Board
Revises Chapters Phar 12 and 13, relating to the regulation of wholesale prescription drug distributors. Effective 12-1-08.
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), Stats. The $5,000 bond or letter of credit is estimated to cost $200.00 to purchase.
Summary of Comments by Legislative Review Committees
No comments were reported.
Physical Therapists Affiliated
Credentialing Board
Revises Chapters PT 2, 3 and 9, relating to examination waivers and temporary licenses. Effective 12-1-08.
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), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Public Instruction
Creates Chapter PI 16, relating to four-year-old kindergarten grants. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
The rules will indirectly benefit small business as priority is given to 4K programs that involve child care centers. However, the rules will not have a significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Transportation
Creates Chapter Trans 263, relating to multiple trip overweight permits for vehicles transporting granular roofing materials. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
This rule implements 2007 Wis. Act 171. The law will allow all businesses, including small businesses, to transport granular roofing materials at weights exceeding state load limits. This would have a beneficial effect on small businesses.
Summary of Comments by Legislative Review Committees
No comments were reported.
Transportation
Revises Chapter Trans 117, relating to the occupational licensing program. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
This rule making has no effect on small business. The rule simply codifies currently existing WisDOT practice and will not change the law or DMV's application of the law. Accordingly, any effect on small business will be the same before and after adoption of this rule amendment.
This rule will have no significant effect upon small businesses.
Summary of Comments by Legislative Review Committees
No comments were reported.
Workforce Development
Revises Chapter DWD 136, relating to wages exempt from unemployment insurance levy and affecting small businesses. Effective 12-1-08.
Summary of Final Regulatory Flexibility Analysis
The rule will affect small businesses but will not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
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