Contact Information
To find out more about the hearings, write, phone or e-mail:
Mark S. Mitchell, Manager
Child Welfare Services Section
Bureau of Programs and Policies
P. O. Box 8916
Madison, WI 53708-8916
Telephone (608) 266-2860
or, if you are hearing-impaired,
(608) 266-1511 (TDD)
To obtain copies of the proposed rules, call (608) 266-3036.
If you are hearing- or visually-impaired, do not speak English, or have other personal circumstances which might make communication at the hearings 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
Written comments on the proposed rules received at the above address no later than Wednesday, May 31, 2000 will receive the same consideration as testimony presented at the hearings.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate:
This order updates the Department's rules for licensing foster homes for children. A foster home provides care and maintenance for up to 4 children placed in the home either by a court or by arrangement between their parents and the foster parents, or for up to 6 children if necessary to keep siblings together. The Department's rules have not been updated since 1990.
The revised rules establish a Department Exceptions Panel of at least 3 members to consider requests that the Department make an exception to any nonstatutory requirement that the licensing agency cannot grant on its own; give more attention to the qualifications of foster parents; make it easier to modify a license; require that the licensing agency have written acknowledgement from a foster parent that the foster parent has received specified information from the agency; require that foster parents inform the licensing agency if they hold other pertinent licenses; give guidance to foster parents for searches of the private belongings of foster children; prohibit the use of mechanical restraints on foster children; expand requirements relating to bath and toilet facilities to reduce the need for rule interpretation; require compliance with the Caregiver Background Check Law and implementing administrative rules; and incorporate a recent statute change that permits placement of up to 6 children in a foster home if necessary to keep siblings together.
Licensing agencies are the Department, county social service and human service departments and private child-placing agencies. Department staff will operate the Department Exceptions Panel but the panel will consider only requests for exceptions that licensing agencies do not have the authority to grant. The panel will likely average 2 requests a month.
The rules will not affect the expenditures or revenues of state government or local governments. The rules will have little or no effect on individuals who apply for a foster home license under these rules.
Initial Regulatory Flexibility Analysis
These proposed rules will affect all persons applying for or renewing a license to operate a foster home or treatment foster home. The proposed rules will also affect the Department of Health and Family Services, county agencies under ss. 46.215, 46.22 and 46.23, Stats., and licensing child-placing agencies.
These proposed rules do not affect small businesses as defined in s. 227.114 (1) (a), Stats., because foster homes are not small businesses. Payments to foster parents are not income for tax purposes, but rather are for meeting the needs of the foster child.
Notice of Hearing
Insurance
Notice is hereby given that pursuant to the authority granted under s. 601.41(3), Stats., and the procedure set forth in under s. 227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting ss. Ins 17.01 (3), 17.28 (6), and 17.28 (6a), Wis. Adm. Code, relating to annual patients compensation and mediation fund fees for the fiscal year beginning July 1, 2000.
Hearing Information
May 5, 2000 Room 23
Friday Commissioner of Insurance
10:00 a.m., or as soon 121 East Wilson Street
thereafter as the matter Madison, WI
may be reached
Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI by 4:30 p.m. on the date of the hearing. Written comments should be addressed to: Alice M. Shuman-Johnson, OCI, P. O. Box 7873, Madison, WI 53707.
Analysis prepared by the Office of the Commissioner of Insurance
Statutory authority: ss. 601.41 (3), 655.004, 655.27 (3) (b), and 655.61
Statute interpreted: s. 655.27 (3)
The commissioner of insurance, with the approval of the board of governors (board) of the patients compensation fund (fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the fund. This rule establishes those fees for the fiscal year beginning July 1, 2000. These fees represent a 25% decrease compared with fees paid for the 1999-00 fiscal year. The board approved these fees at its meeting on February 23, 2000, based on the recommendation of the board's actuarial and underwriting committee.
The board is also required to promulgate by rule the annual fees for the operation of the patients compensation mediation system, based on the recommendation of the director of state courts. This rule implements the director's funding level recommendation by establishing mediation panel fees for the next fiscal year at $ 38.00 for physicians and $2.00 per occupied bed for hospitals, representing an increase of more than l00% and 100% respectively, from 1999-00 fiscal year mediation panel fees.
Fiscal Estimate
There will be no state or local government fiscal effect.
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Contact Person
A copy of the full text of the proposed rule changes and fiscal estimate may be obtained from the OCI internet WEB site at
http://www.state.wi.us/agencies/oci/rule.htm or by contacting Tammi Kuhl, Services Section, Office of the Commissioner of Insurance, at (608) 266-0110 or at 121 East Wilson Street, P O Box 7873, Madison WI 53707-7873.
Notice of Hearing
Pharmacy Examining Board
Notice is hereby given that pursuant to authority vested in the Pharmacy Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 450.02 (3) (a) and (e), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. Phar 7.01 (1) (e), relating to delivery of prescriptions.
Hearing Information
The public hearing will be held:
May 10, 2000 Room 179A
Wednesday 1400 East Washington Ave.
9:15 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 Wednesday, May 24, 2000 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. 450.02 (3) (a) and (e)
Rules of the Pharmacy Examining Board identify in s. Phar 7.01 (1) (e) that prescription drugs may be delivered by an agent of the pharmacist to a patient's residence where the delivery is accompanied by appropriate directions and an offer that consultation is available by contacting the pharmacist. The rule amendment proposed will expand the patient's options for choice in designating a location of delivery.
Section Phar 7.01 (1) (e) is amended to expand the exception for delivery of prescription drugs and will allow the patient to designate other locations for delivery in addition to the patient's residence. In the case of delivery to a location other than the patient's residence the requirement to offer consultation is expanded to apply to any other location designated by the patient.
Text of Rule
SECTION 1. Phar 7.01 (1) (e) is amended to read:
Phar 7.01 (1) (e) Give the patient or agent appropriate consultation relative to the prescription except that prescriptions may be delivered by an agent of the pharmacist to a patient's residence or other locations designated by the patient if the delivery is accompanied by appropriate directions and an indication that consultation is available by contacting the pharmacist. The consultation requirement applies to original and renewal prescription orders and, except when prescriptions are delivered to a patient's residence or other location designated by the patient, is not satisfied by only offering to provide consultation.
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: These rules would increase agency costs due to printing and postage costs for mailings for approximately 6,000 pharmacists. A copy of the rules and a cover letter would need to be mailed and associated with this mailing would be approximately $15,000. This cost to print and mail each rule is estimated at $2.50 multiplied by 6,000. This is a one-time cost.
Initial Regulatory Flexibility Analysis
These proposed rules will have no significant 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
Dept. of Regulation and Licensing
Office of Administrative Rules
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Telephone (608) 266-0495
