rules_published Rules Published In This Wis. Adm. Register
The following administrative rule orders have been adopted and published in the January 31, 1997 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.
Agriculture, Trade & Consumer Protection (CR 96-149):
An order repealing s. HSS 165.21 and creating ch. ATCP 77, relating to laboratory certification fees.
Effective 02-01-97.
Health & Family Services (CR 92-55):
An order affecting chs. HSS 46 and 55, relating to group day care centers.
Effective 08-01-97.
Health & Family Services (CR 96-90):
An order creating ss. HSS 101.03 (24m), (78m) and (78r), 105.53 and 107.36, relating to provision of school-based health care services reimbursed by the Medical Assistance (MA) program.
Effective 02-01-97.
Health & Family Services (CR 96-93):
An order affecting ss. HSS 172.04, 175.04, 178.05, 195.04, 196.04, 197.04 and 198.04, relating to permit fees for the operation of public swimming pools, recreational and educational camps, campgrounds, hotels, motels and tourist rooming houses, restaurants, bed and breakfast establishments, and food and beverage vending operations.
Effective 02-01-97.
Health & Family Services (CR 96-119):
An order affecting ss. HSS 172.03 and 172.05, relating to operation of public swimming pools.
Effective 02-01-97.
Health & Family Services (CR 96-124):
An order affecting ss. HSS 136.03 and 136.04, relating to embalming standards.
Effective 02-01-97.
Health & Family Services (CR 96-154):
An order affecting s. HSS 105.36 and ch. HSS 107, relating to elimination of coverage under the Medical Assistance (MA) program for services that are medically unnecessary, including services and items that enhance fertility in males or females, and limitation of coverage of certain other services to medically necessary situations.
Effective 02-01-97.
Natural Resources (CR 95-192):
An order affecting ss. NR 400.02, 415.02, 418.05, 419.07, 431.07, 438.03, 449.12, 468.01, 487.14 and 489.03 and chs. NR 404 to 410, 417, 420 to 425, 436, 439, 440, 445, 447, 484, 485, 488, 493 and 499, relating to revision of the definition of volatile organic compound (VOC) and to updating, clarification and corrective changes throughout the chs. NR 400 series.
Part effective 02-01-97.
Natural Resources (CR 96-98):
An order amending ss. NR 25.03 (1) (a) and 25.06 (1) (a) 2. and creating s. NR 25.03 (1) (a) 2., relating to commercial fishing licenses and the annual lake trout harvest limit on Lake Superior.
Effective 02-01-97.
Psychology Examining Board (CR 96-123):
An order affecting ss. Psy 2.01, 2.015, 2.05 and 3.01, relating to transcripts of undergraduate training, passing scores on examinations, and abandonment of applications.
Effective 02-01-97.
Public Instruction (CR 96-111):
An order affecting ss. PI 11.02 and 11.35, relating to the definition of handicapping conditions, including significant developmental delay.
Effective 02-01-97.
Public Instruction (CR 96-121):
An order affecting ch. PI 11, relating to the method of resolving disputes concerning children with exceptional educational needs (EEN) between school boards and the parents of those children.
Effective 02-01-97.
Public Service Commission (CR 96-17):
An order repealing and recreating ch. PSC 185, relating to standards for water public utility service.
Effective 02-01-97.
Regulation & Licensing (CR 96-130):
An order affecting ss. RL 34.01 and 34.011, relating to conditions for transporting firearms in vehicles by private security persons.
Effective 02-01-97.
Regulation & Licensing (CR 96-150):
An order creating ch. RL 130, relating to examinations and continuing education requirements for interior designers.
Effective 02-01-97.
Transportation (CR 96-70):
An order affecting s. Trans 139.05 (8), relating to fee for title and registration processing contractors.
Effective 02-01-97.
Transportation (CR 96-146):
An order affecting ss. Trans 325.01, 325.02, 326.01 and 328.03, relating to motor carrier safety regulations, motor carrier safety requirements for transportation of hazardous materials, and motor carrier safety requirements for intrastate transportation of hazardous materials.
Effective 02-01-97.
Transportation (CR 96-147):
An order affecting ch. Trans 102, relating to driver license issuance.
Effective 02-01-97.
Transportation (CR 96-155):
An order amending s. Trans 269.11 (2a), relating to transportation of garbage or refuse permits.
Effective 02-01-97.
Final Regulatory Flexibility Analyses
1.   Agriculture, Trade & Consumer Protection
(CR 96-149)
Ch. ATCP 77 - Lab certification rule.
Summary of Final Regulatory Flexibility Analysis:
This rule was created as a result of the 1995-97 biennial budget act, 1995 Wis. Act 27, which transferred much of the administration of Wisconsin's laboratory certification program from the department of health and social services to the department of agriculture, trade and consumer protection (“department”), effective July 1, 1996. The department will be responsible for certifying laboratories that test milk, food or water for compliance with public health standards prescribed by federal, state or local law. Wisconsin Act 27 states that the department's public health certification program must be funded by certification fees paid by the certification laboratories. The department must establish these fees by rule.
Current rules governing public health lab certification program are contained in ch. HSS 165, Wis. Adm. Code. The current rules remain in effect until the department amends or repeals them. The rule creates new certification and fee requirements for laboratories engaged in testing milk, water or food products. It also creates s. HSS 165.001 which states that none of the provisions of ch. HSS 165 relating to certification and fees apply to laboratories covered under the newly created ch. ATCP 77.
The rule identifies the laboratories which must be certified by the department. it also establishes a procedure by which a laboratory may obtain and annually renew its certification.
The rule establishes certification fees. A certified laboratory must pay an annual certification fee $216 for each different type of test performed by the laboratory. If a laboratory applies for certification in mid-year, the certification fee is prorated by the number of months remaining in the calendar year for which the applicant seeks certification.
Summary of Comments from Legislative Committees:
The rule was referred to the Assembly Committee on Health on November 4, 1996 and to the Senate Committee on Agriculture, Transportation, Utilities and Financial Institutions on November 6, 1996. The department received no comments or request for hearing from either committee.
2.   Health & Family Services (CR 96-90)
Chs. HSS 101, 105 & 107 - Medical assistance program reimbursement for provision of school-based health care services.
Summary of Final Regulatory Flexibility Analysis:
These rules apply to school districts and cooperative educational service agencies (CESAs). They will not directly affect small businesses as “small business” is defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
3.   Health & Family Services (CR 96-154)
Chs. HSS 105 & 107 - Elimination of coverage under th Medical Assistance (MA) program for services that are medically unnecessary.
Summary of Final Regulatory Flexibility Analysis:
These rule changes will not have a significant economic impact on a substantial number of small businesses as “small business” is defined in s. 227.114 (1) (a), Stats. They clarify that the MA program will not reimburse providers for the specified services or will not reimburse providers when the services are provided for certain purposes. In fact, the program has hardly ever paid for any of those services or for those purposes, but questions about coverage continue to be raised.
Summary of Comments:
No comments reported.
4.   Health & Family Services (CR 96-124)
Ch. HSS 136 - Embalming standards.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.