September 1, 1999 Room 179A
Wednesday 1400 East Washington Ave.
9:30 a.m. MADISON, WI
Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by September 15, 1999 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 447.02 (2) (d)
Statute interpreted: s. 447.06 (2) (e) 1. and 3.
This proposed rule-making order of the Dentistry Examining Board adopts rules mandated under 1997 Wis. Act 96, respecting the oral systemic premedications and subgingival chemotherapeutic agents that may be administered by a dental hygienist upon the delegation of a dentist. Under the Act, the scope of practice of a dental hygienist is expanded to permit the administration of oral systemic premedications and subgingival chemotherapeutic agents, pursuant to a treatment plan approved by a dentist who is present in the dental facility when the medications are provided and who is available throughout the completion of the patient's appointment. The proposed rules permit a dentist to determine, in his or her professional judgment, the specific medications that may be administered to a patient by a dental hygienist.
Text of Rule
SECTION 1. DE 3.04 is created to read:
DE 3.04 Oral systemic premedications and subgingival sustained release chemotherapeutic agents. (1) “Oral systemic premedications" means antibiotics that are administered to patients prior to providing dental or dental hygiene services in order to mitigate against the risk of patients developing a bacterial infection. A dentist may delegate to a dental hygienist the administration of any oral systemic prophylactic antibiotic premedications.
(2) “Subgingival sustained release chemotherapeutic agents" means medications that are applied under the gum tissue in periodontal pockets to treat periodontal, or gum, disease.
(3) A dentist may delegate to a dental hygienist the administration of oral systemic premedications and subgingival sustained release chemotherapeutic agents to patients only if all of the following conditions are met:
(a) The administration is performed pursuant to a treatment plan for the patient approved by a dentist.
(b) The dentist remains on the premises in which the administration is performed and is available to the patient throughout the completion of the appointment.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $1,000.00. These rules would require the development and printing for new applications for this certification. There would also be administrative costs to process these applications. The agency estimates these costs at approximately $1,000.00 to start this certification requirement.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Information
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Health & Family Services
(Medical Assistance,
Chs. HFS 101-108)
Notice is hereby given that, pursuant to s. 49.45 (10), Stats., the Department of Health and Family Services will hold a public hearing to consider the amendment of s. HFS 105.39 (4) (b) 3., relating to refresher training in cardiopulmonary resuscitation (CPR) and first aid for drivers of specialized medical vehicles (SMVs) under the Medical Assistance program, and the emergency rule now in effect on the same subject.
Hearing Information
September 1, 1999 Room B139
Wednesday State Office Building
From 10 a.m. to 12 noon 1 West Wilson Street
MADISON, WI
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Department of Health and Family Services
The Department's rules for certification of specialized motor vehicle (SMV) providers under the Medical Assistance (MA) program include requirements for SMV drivers. Among current requirements is that each driver must receive training in first aid and cardiopulmonary resuscitation (CPR) before driving a vehicle or serving as an attendant and must receive refresher training in first aid every 2 years and refresher training in CPR annually. The specific requirements for refresher training date from December 1, 1994. When revising its rules for SMV providers earlier in 1994 the Department proposed to require refresher training every 2 years for both first aid and CPR, but at the public hearings on the proposed rules 5 SMV providers said the CPR refresher training should take place annually and the Department agreed and made that its requirement.
Although the American Red Cross CPR training and certification that the person is trained continue to be annual, the equivalent American Heart Association CPR training and certification (the American Heart Association prefers “recognition" to “certification") is now every 2 years. This means that to comply with the Department's current MA rule for SMV drivers, s. HFS 105.39 (4) (b) 3., drivers who receive their training from the American Heart Association must repeat the training each year. That is unnessary for maintenance of American Heart Association certification (recognition) and the time and expense involved is a burden on SMV providers and drivers. The Department is modifying the rule through this order to simply require that drivers maintain CPR certification.
The Department through this order is also changing the requirement for refresher training in first aid from every 2 years to at least every 3 years. That is because the American Red Cross certification in first aid is now for 3 years. A requirement for more frequent refresher training in first aid is a burden in time and expense involved for SMV providers and drivers.
Section HFS 105.39 (4) (b) 3. was amended by emergency order effective July 3, 1999. This permanent order makes the identical changes in the rule.
Text of Rule
SECTION 1. HFS 105.39 (4) (b) 3. is amended to read:
HFS 105.39 (4) (b) 3. Each driver shall receive refresher training in first aid at least every 2
3 years and refresher training in CPR annually shall maintain CPR certification. A driver who is an emergency medical technician licensed under ch. HFS 110, 111 or 112, a licensed practical nurse, a registered nurse or a physician assistant shall be considered to have met this requirement these requirements by completion of continuing education which includes first aid and CPR.
Contact Person
To find out more about the hearing, write, phone or E-mail:
Alfred Matano
Division of Health Care Financing
P.O. Box 309, Room 350
Madison, WI 53701-0309
(608) 267-6848 or,
if you are hearing impaired,
(608) 266-1511 (TTY)
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at a hearing difficult and if you, therefore, require an interpreter or a non-English, large-print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rules received by U.S. mail at the above address no later than September 8, 1999 will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
These amendments to the Department's rules for certification of specialized medical vehicle (SMV) providers under the Medical Assistance (MA) program will not affect the expenditures or revenues of state government or local governments.
Section HFS 105.39 (4) (b) 3. currently requires SMV drivers, before driving a vehicle or serving as an attendant in a vehicle, to have basic Red Cross or equivalent training in first aid and cardiopulmonary resuscitation (CPR), and to have refresher training in first aid every 2 years and refresher training in CPR annually.
This order changes the refresher training requirement for first aid to at least every 3 years because the American Red Cross certification in first aid has been changed from 2 years to 3 years. The order changes the CPR refresher training requirement to a requirement that each driver simply maintain CPR certification since the American Heart Association certification (“recognition") in CPR is now for 2 years.
The rule changes will save time and money for some SMV providers whose drivers under current rules must take more frequent training than necessary to maintain certification in CPR or first aid.
In April 1999 there were 191 MA-certified SMV providers. None of them were operated by state government or local governments.
Initial Regulatory Flexibility Analysis
Nearly all of the 191 MA-certified SMV providers are small businesses as “small business" is defined in s. 227.114 (1) (a), Stats. Many of the SMV providers and their drivers will be affected by the amendment of s. HFS 105.39 (4) (b) 3. The amendments change the frequency of required SMV driver refresher training in first aid from every 2 years to at least every 3 years and substitute having the drivers get the refresher training in CPR that they need in order to maintain certification for the requirement that they receive refresher training in CPR annually. Because of this updating of s. HFS 105.39 (4) (b) 3., some SMV providers are likely to realize savings in training costs and providing coverage for drivers taking training because required driver refresher training in first aid and CPR will not be as frequent as it was.
Notice of Hearings
Health & Social Services
(Medical Assistance,
Chs. HFS 101-108)
Notice is hereby given that, pursuant to ss. 49.45 (10) and 49.665 (3), (4) and (5), Stats., the Department of Health and Family Services will hold public hearings to consider the amendment of chs. HFS 101, 102, 103 and 108, Wis. Adm. Code, relating to operation of the BadgerCare health insurance program, and the emergency rules now in effect on the same subject.
Hearing Information
August 26, 1999 Room 40
Thursday State Office Building
From 10 a.m. to 3 p.m. 819 N. 6th Street
MILWAUKEE, WI
August 27, 1999 Room 152-A
Friday State Office Building
From 11 a.m. to 3 p.m. 200 N. Jefferson Street
GREEN BAY, WI
August 30, 1999 Room 123
Monday State Office Building
