Health and Family Services
(Community Services, Chs. HFS/HSS 30--)
Rule Submittal Date
On October 6, 1999, the Department of Health and Family Services submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
Statutory authority:
Section 51.42 (7) (b), Stats.
The proposed rule affects ch. HFS 33, relating to mental health day treatment programs for adults.
Reason for rules, intended effects, requirements:
This is a renumbering, general revision and expansion of the Department's rules for certification of mental health day treatment programs for adults. There are 58 certified programs in Wisconsin. The current rules are in s. HFS 61.75. Programs must now also comply with general provisions included in subch. I of ch. HFS 61 which includes definitions, personnel qualifications and enforcement provisions.
This is one of 7 sets of standards for community mental health programs that are part of an updating project, each set to be made a separate chapter of rules. For 5 of the chapters, including this one, the Department of Health and Family Services is pulling the standards out of ch. HFS 61 and, in the process, updating them and adding to them. Two of the 7 chapters are now in effect, ch. HFS 34, Emergency Service Programs, and ch. HFS 40, Day Treatment Programs for Children. All chapters will have some common parts, such as the sections on certification, waivers, client rights and client satisfaction.
A mental health day treatment program is a nonresidential, medically-supervised program that offers a schedule of active treatment services provided in a therapeutic milieu and aimed at averting or shortening an individual's need for inpatient mental health services and improving the individual's ability to function as independently as possible.
The revised rules add:
1) Qualifications of professional staff;
2) A detailed certification process;
3) Staff training requirements;
4) Staffing levels by purpose of admission;
5) Criteria for admission; and
6) Requirements relating to consent to treatment, suicide prevention, administration of psychotropic medications, early termination of services and preparation of a discharge summary.
Forms:
DCS-336 MENTAL HEALTH MEDICAL DAY TREATMENT PROGRAM APPLICATION (S. HFS 33.05 (1)) [to be revised by the effective date of the new rules]
Agency Procedure for Promulgation
Public hearings under ss. 227.16, 227.17 and 227.18, Stats.; approval of rules in final draft form by DHFS Secretary; and legislative standing committee review under s. 227.19, Stats.
Contact Information
Dennis Bobo
Division of Supportive Living
Telephone (608) 267-7711
Transportation
Rule Submittal Date
On October 14, 1999, the Department of Transportation submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule affects ch. Trans 316, relating to wood harvesting slashers.
Agency Procedure for Promulgation
A public hearing is not required. The Division of State Patrol is the organizational unit responsible for promulgation of the proposed rule.
Contact Information
Julie A. Johnson, Paralegal
Telephone (608) 266-8810
FAX (608) 267-6734
N o t i c e S e c t i o n
Notice of Hearing
Chiropractic Examining Board
Notice is hereby given that pursuant to authority vested in the Chiropractic Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 446.01 (2), Stats., the Chiropractic Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s. Chir
4.06, relating to utilization reviews.
Hearing Information
November 18, 1999 Room 179A
Thursday 1400 East Washington Ave.
at 9:45 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 December 2, 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) and 227.11 (2)
Statute interpreted: s. 446.01 (2)
In this proposed rule-making order, the Chiropractic Examining Board defines utilization review as an activity within the scope of practice of chiropractic and ensures that utilization reviews of chiropractic are performed by qualified persons familiar with Wisconsin law. This rule clarifies that a utilization review of a chiropractor's records of analysis, diagnosis, and treatment constitutes the practice of chiropractic and requires that the review be performed by a licensed chiropractor.
Text of Rule
SECTION 1. Chir 4.06 is created to read:
Chir 4.06 Utilization review. A utilization review of a chiropractor's records of analysis, diagnosis, and treatment constitutes the practice of chiropractic and may only be performed by a person who has been licensed as a chiropractor under s. 446.02, Stats., for a period of at least 2 years.
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: $0.00.
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, WI 53708
Telephone (608) 266-0495
Notice of Hearing
Chiropractic Examining Board
Notice is hereby given that pursuant to authority vested in the Chiropractic Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 446.01 (2), Stats., the Chiropractic Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s. Chir
4.07, relating to practice while suspended.
