SECTION 1. Chir 4.02 (3) is created to read:
Chir 4.02 (3) “Paraphysiological space" means the range of motion of a skeletal articulation that exceeds voluntary movement but does not exceed anatomical integrity.
SECTION 2. Chir 4.03 is amended to read:
Chir 4.03 Practice. The practice of chiropractic is the application of chiropractic science in the adjustment of the spinal column, skeletal articulations and adjacent tissue which includes diagnosis and analysis to determine the existence of spinal subluxations and associated nerve energy expression and the use of procedures and instruments preparatory and complementary to treatment of the spinal column, skeletal articulations and adjacent tissue. Diagnosis and analysis may include physical examination, specimen analysis, drawing of blood, blood-analysis and the use of x-ray and other instruments. Any procedure that causes a joint structure of the spine or pelvis to enter the paraphysiological space is a practice of chiropractic.
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 Person
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 Hearings
Notice is hereby given that pursuant to s. 146.5 (6m) and (13) (b) and (c), Stats., the Department of Health and Family Services will hold public hearings to consider the repeal and recreation of Ch.
HFS 111, Wis. Adm. Code, relating to the licensing of emergency medical technicians-intermediate.
Hearing Information
The public hearings will be held:
Date & Time Location
November 12, 2001 Room B155
Monday State Office Building
11:00 a.m.-2:00 p.m. 1 W Wilson Street
Madison, WI
November 13, 2001 Pineary Room
Tuesday Stevens Point Library
10:00 a.m.-2:00 p.m. Stevens Point, WI
The hearing sites are fully accessible to persons with disabilities.
Analysis Prepared by the Department of Health and Family Services
This order generally updates ch.
HFS 111, rule for licensing emergency medical technicians-intermediate. The updating is being done on recommendation of the Emergency Medical Services Board under s.
146.58, Stats., which is advisory to the Department. The rule was amended to incorporate current medical practices, update training requirements, and to clarify, correct, and improve rule language based on experience with the rule that was last revised in 1996.
The updating of HFS 111 has involved modifying some current definitions and creating new definitions to reflect current changes in scope of practice. The updating has also involved deleting or modifying language based on experience in implementing the current rule and renumbering parts of the rule to accommodate the changes and to organize this chapter in a way similar to the other chapters of Emergency Medical Services Program rules. Other changes include use of the term “interfacility" to distinguish between facilities and prehospital 911 care; raising the minimum number of hours required for EMT-Intermediate coursework from 100 hours to 400 hours; and expanding the scope of practice to keep it consistent with the national EMT-Intermediate curriculum. The updating also adds renewal requirements for EMT instructor coordinators and gives medical directors the authority to remove an EMT's medical authority to practice if the medical director believes the EMT's training, skills, ability or judgement is sufficiently deficient or impaired.
Contact Person
To find out more about the hearings or to request a copy of the rule write or call:
Karen Dixon (608) 266-1568
Division of Public Health
Bureau of EMS and Injury Prevention
P.O. Box 2659
Madison, WI 53701-2659
If you are hearing or visually impaired, do not speak English, or have circumstances which might make communication at a hearing difficult, and if you require an interpreter, or a non-English, large print or taped version of the hearing document, contact the person at the address 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 rule received at the above address no later than November 20, 2001 will be given the same consideration as testimony presented at a hearing.
Fiscal Estimate
This order revises the Department's rules for licensing emergency medical technicians-intermediate (EMTs-intermediate). Revision of the rules will not significantly affect the expenditures or revenues of state government or local governments. The only additional costs would be associated with increased training hours for those services that want to be licensed at the new EMT-Intermediate level. There is no requirement for services to upgrade to this level of service, so any additional costs would be the result of the service wanting to increase their level of care.
The rules are amended to incorporate current medical practices; update training requirements; clarify, correct and improve rule language for interfacility patient transports, EMT-intermediate licensing and training sections; add a requirement for biennial renewal of the certification of training center instructor-coordinators; and update the required elements of an EMT-intermediate operational plan that must be submitted to the Department as a condition for licensure as an EMT-intermediate ambulance service.
Under the revised rules, Department staff will have some additional workload because of the need to review EMT-intermediate ambulance service operational plans and their revisions and to certify training course instructor-coordinators every 2 years. On the other hand, Department staff will have reduced workload because these functions will be done through electronic submission, which will result in less review time per application.
Of the 108 EMT-intermediate ambulance service providers statewide, 73 are operated by local governments. Although the revised rule increases the minimum number of hours required for EMT-intermediate training, this revision only updates the requirement in line with national standards and is not required in order to maintain their current level of services.
Initial Regulatory Flexibility Analysis
These rules will not affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats. There are approximately 25 ambulance services that may qualify as small businesses. There are no rule changes that require additional equipment or personnel expenses.
Notice of Hearings
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.041,
29.014 (1),
29.519 (1) (b) and
227.11 (2) (a), Stats., interpreting ss.
29.041,
29.014 (1) and
29.519 (1) (b), Stats., the Department of Natural Resources will hold a public hearing on revisions to ch.
NR 25, Wis. Adm. Code, relating to commercial fishing in Lake Superior and Lake Michigan. The two substantive rule changes proposed would encourage the use of trap nets in the commercial whitefish fishery. One would increase the maximum allowable depth for trap nets from 90 feet to 150 feet. The other would allow trap nets to be set in Whitefish Bay, Door county. These changes should increase commercial fishing efficiency and could also lead to reductions in the incidental kill of chinook salmon and lake trout in the whitefish fishery by encouraging increased use of trap nets. The nonsubstantive provisions are housekeeping corrections needed to correctly express the intent of Board Order No. FH-26-00, to remove language that became irrelevant with the adoption of Board Order No. FM-18-94, to restore language inadvertently repealed in 1997 with the adoption of Board Order No. FM-51-96 and to correctly express the rule's intent.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Commercial fishers in Lake Michigan and Lake Superior.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
November 15, 2001 Room A324, Door Co. Courthouse
421 Nebraska Street, Sturgeon Bay
Wednesday at 1:00 p.m.
November 15, 2001 Room 106, Sheboygan Co. Job
Center, 3620 Wilgus Avenue
Sheboygan
Wednesday at 4:30 p.m.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Contact Person
Written comments on the proposed rule may be submitted to Mr. William Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than November 25, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Horns.
Fiscal Effect
No fiscal impact anticipated.
Notice of Proposed Rule
Transportation
NOTICE IS HEREBY GIVEN that pursuant to the authority of s.
85.095, and
227.11, Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Wisconsin Department of Transportation will adopt the following rule amending ch.
Trans 28 without public hearing unless, within 30 days after publication of this notice on
November 1, 2001, the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Questions about this rule and any petition for public hearing may be addressed to Ellen Fisher, Department of Transportation, Bureau of Rails and Harbors, Room 155B, P. O. Box 7914, Madison, WI 53707-7914.
Analysis Prepared by Department of Transportation
Statutory Authority: s.
85.095, Stats.
Statutes Interpreted: s.
85.095, Stats.
General Summary of Proposed Rule
This rule making will enable communities where cruise ships are a port of call to apply for Harbor Assistance Program (HAP) funds to construct/improve docking and terminal facilities to accommodate these ships. It will also enable communities that have already received HAP funding to use these previously-constructed facilities for cruise ships.
Text of Proposed Rule
Under the authority vested in the state of Wisconsin, department of transportation, by s.
85.095, Stats., the department of transportation hereby proposes to amend a rule interpreting s.
85.095, Stats., relating to the Harbor Assistance Program.
SECTION 1. Trans 28.01 is amended to read:
Trans 28.01 Purpose and scope.
The purpose of this chapter is to set forth the
department of transportation's department's administrative interpretation of s.
85.095, Stats., and to prescribe the administrative policies and procedures for implementing the harbor assistance program authorized by s.
85.095, Stats.
SECTION 2. Trans 28.02 (1m) and (9m) are created to read:
Trans 28.02 (1m) “Cruise vessel" means a passenger vessel as defined in
46 USC 2101(22) or a small passenger vessel as defined in
46 USC 2101(35) that provides overnight accommodations for at least 50 passengers for hire and operates on a schedule between 2 points of sailing. Cruise vessels are not considered to be recreational vessels.
(9m) “Ferry" means a passenger vessel that has provisions for deck passengers or vehicles, or both, and operates on a regular schedule between a minimum of 2 points.
SECTION 3. Trans 28.04 (1) and (2) are amended to read:
Trans 28.04 (1) DESCRIPTION. Every eligible harbor assistance project shall benefit a commercial transportation facility. Eligible harbor assistance projects include: dockwall and disposal facility construction, repair, maintenance or rehabilitation; maintenance dredging of materials from a harbor or dredging of new harbor areas; dredged material disposal; and other harbor improvements related to the physical needs of a port that maintain or increase commodity or passenger movement capabilities.
(2) LOCATION. Eligible projects shall be located only in Great Lakes or Mississippi River system harbors where vessels take on or discharge a combined total of more than 1,000 tons of commercial cargo per year; where commercial, naval or recreational vessels are built; where passenger or vehicle–carrying ferry service connects the Wisconsin communities along the Great Lakes and Mississippi River, or connects the Wisconsin mainland with other states, Canadian provinces or populated islands in Wisconsin or where commercial fishing vessels unload fish. The U.S. army corps of engineers' annual tonnage figures shall be the basis for the tonnage determination; where tonnage figures are not available, an applicant shall provide tonnage figures based on auditable records.
SECTION 4. Trans 28.05 (1) (a) 1., (c) and (3) are amended to read:
Trans 28.05 (1) (a) 1. Indicators of expected economic impact shall be determined by an efficiency analysis known as a benefit–cost analysis. Benefits must exceed costs for the project to be further evaluated for funding.
(c) Amount of tonnage and waterborne transportation: Higher priority shall be given to projects in harbors with larger amounts of tonnage and waterborne transportation, and a lower priority shall be given to projects in harbors with lesser amounts of tonnage and waterborne transportation. Improvements that benefit cruise vessels shall be of lower priority than improvements benefiting vessels transporting cargo or operating as ferries.
(3) The department shall establish an advisory council, under authority of s.
15.04 (1) (c), Stats., to evaluate harbor assistance program project applications. The advisory council shall include a representative of the Wisconsin department of
development commerce and of the Wisconsin coastal management council and shall include 2 or 3 other persons familiar with water transportation. Consistent with this chapter, the advisory council shall evaluate and rank the proposed projects and shall recommend to the department the priority of the projects to be funded.
SECTION 5. Trans 28.07 (4) is amended to read:
Trans 28.07 (4) The department shall may not assume a continuing funding responsibility for any project.
SECTION 6. Trans 28.09 (2) (a) 5. is amended to read:
