100 hours.
Health and Family Services
Subject
The Department proposes to amend ch.
HFS 115, rules relating to the screening of newborn infants for congenital disorders. The objective of the proposed rulemaking is to add five metabolic disorders to the list of eight disorders in s.
HFS 115.04 for which newborns are currently tested.
Policy Analysis
The early identification of particular congenital and metabolic disorders that are harmful or fatal to persons with the disorders is critical to mitigating the negative effects of such disorders. Therefore, Wisconsin Statute 253.13 requires that every infant born be subjected to blood tests for congenital and metabolic disorders, as specified in administrative rules promulgated by the Department. Parents, however, may refuse to have their infants screened for religious reasons. The Department has issued ch.
HFS 115, Screening of Newborns for Congenital and Metabolic Disorders, to administer this statutory requirement. Currently, s.
HFS 115.04 lists eight congenital and metabolic disorders for which the state hygiene laboratory must test newborn blood samples.
In determining whether to add or delete disorders from the list under s.
HFS 115.04, s.
HFS 115.06 directs the Department to seek the advice of persons who have expertise and experience with congenital and metabolic disorders. For this purpose, the Department established the Wisconsin Newborn Screening Umbrella Advisory Group. Section
HFS 115.06 also lists six criteria on which the Department must base its decision to add to or delete disorders from s.
HFS 115.04. These criteria are:
1. Characteristics of the specific disorder, including disease incidence, morbidity and mortality.
2. The availability of effective therapy and potential for successful treatment.
3. Characteristics of the test, including sensitivity, specificity, feasibility for mass screening and cost.
4. The availability of mechanisms for determining the effectiveness of test procedures.
5. Characteristics of the screening program, including the ability to collect and analyze specimens reliably and promptly, the ability to report test results quickly and accurately and the existence of adequate follow-up and management programs.
6. The expected benefits to children and society in relation to the risks and costs associated with testing for the specific condition.
In consideration of these criteria, the Wisconsin Newborn Screening Umbrella Advisory Group recently recommended that the Department add five aminoacidopathies, i.e., amino acid-related disorders, to the eight disorders currently screened for and listed in s.
HFS 115.04. These disorders are:
• Maple Syrup Urine Disease;
• Homocystinuria;
• Tyrosinemia;
• Citrullinemia; and
• Argininosuccinic Acidemia.
Collectively, these disorders occur, on average, once in every 30,000 births. Persons with these disorders can experience serious medical consequences such as failure-to-thrive, developmental delays, seizures, mental retardation and death.
The additional costs associated with these five additional screening tests is less than a dollar per baby screened because the amino acids in the blood sample are measured simultaneously with the acylcarnitines for Fatty Acid Oxidation and Organic Acidemias. In the absence of this screening, the Department estimates the annual Wisconsin costs for these disorders to be $144,909. The Department also estimates the annual Wisconsin costs of this screening to be $29,134. Therefore, the cost benefit from these five screening tests is $115,775.
The Advisory Group also recommended that the Department immediately begin screening newborns for these additional disorders. Before this testing can begin, the Department must change its rules to add the five new disorders to the existing list under s.
HFS 115.04. Therefore, on October 11, 2002, the Department issued emergency rules adding these five disorders to the list, effective October 12, 2002. The proposed permanent rules would replace the emergency rules, which will expire in 2003.
Statutory authority
Staff time required
The Department estimates less than five hours of development time will be needed.
Marriage and Family Therapy, Professional Counseling & Social Worker Examining Board
Subject
Objective of the Rule. To permit the Social Worker Section to accept from applicants for social worker certification a foreign degree determined by a national accrediting organization to be equivalent to a degree from an accredited school.
Policy Analysis
Under current requirements, applicants for social worker certification must have earned a social work degree from a school accredited by the Council on Social Work Education. Applicants otherwise qualified are prevented from obtaining Wisconsin certification if they obtained a degree in another country. The Council on Social Work Education has a process for determining equivalency of degrees and in fairness to graduates of foreign schools, the Social Worker Section wishes to rely on that process for accepting equivalent degrees.
Statutory authority
Staff time required
150 hours.
Marriage and Family Therapy, Professional Counseling & Social Worker Examining Board
Subject
Objective of the Rule. To establish criteria for licensees of the board to treat alcohol or substance dependency or abuse as a specialty.
Policy Analysis
Section
457.02 (5m), Stats., authorizes the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board to promulgate rules establishing educational and supervised training requirements to permit its credential-holders to treat alcohol or substance dependency or abuse as a specialty. The proposed rules will implement the legislative intent of
2001 Wisconsin Act 80. Without newly-promulgated rules, the only alternative for the board's credential-holders will be to obtain certification from the Wisconsin Certification Board.
Statutory authority
Staff time required
150 hours.
Marriage and Family Therapy, Professional Counseling & Social Worker Examining Board
Subject
Objective of the Rule. To require that applicants for licensure as a Professional Counselor pass the National Counselor Mental Health Certification Examination (NCMHCE).
Policy Analysis
Under new law effective November 1, 2002, Licensed Professional Counselors may practice psychotherapy independently. In order to ensure that LPCs are qualified to practice psychotherapy independently, the Professional Counselor Section wishes to require all new applicants for licensure to pass the national clinical exam, the NCMHCE. Without this change, there will be less certainty that Professional Counselors are qualified to practice psychotherapy, and requiring passage of the NCMHCE will ensure greater protection of the public.
Statutory authority
Staff time required
150 hours
Natural Resources
Subject
Section
NR 25.09, pertaining to commercial trap netting in Lake Michigan and s.
NR 25.06, pertaining to commercial harvest limits for smelt in Lake Michigan.
Policy Analysis
Trap Netting. Commercial trap netters fishing in Lake Michigan are required to remove trap nets from the area south of Algoma during the period starting June 28 and ending on Labor Day each year. The purpose of this requirement is to minimize physical interference between commercial nets and sport trollers. In waters open to trap net fishing north of Algoma, trap nets may remain in the water all year (although they are typically removed by October 26, the start of the whitefish closed season). Commercial fishers in the area south of Algoma have repeatedly requested that the trap netting season be extended. Some sport fishers in the Sheboygan area, including the Sheboygan Area Great Lakes Sport Fishermen, have supported this request. Others, especially in the Manitowoc-Two Rivers area have vigorously opposed it. Opposition to any change is based primarily on concern for the safety of sport trollers who might be at risk if their gear became entangled with a trap net. Department staff have attempted to find a generally acceptable compromise, but without success. Now the Department is proposing a compromise solution to the controversy. It would open the trap netting season during the summer in all areas south of Algoma, with exception of the area between Manitowoc and Two Rivers. In addition: a) it would limit the number of trap nets that could be set by each commercial fishing license holder, and b) it would establish additional net-marking requirements to help sport trollers avoid the trap nets. This will be controversial.
Smelt Harvest Limits. Participants in the 2002 Conservation Congress spring hearings voted overwhelmingly in favor of closing commercial trawling in Green Bay. We asked our citizen advisory group, the Lake Michigan Fisheries Forum, to discuss the issue and advise the Department. Following initial discussions there, it appears that a compromise recommendation might be developed by the Forum. The Department would like to hold open the option of advancing a compromise recommendation regarding smelt, in combination with the trap net rule change summarized above. This will also be controversial.
Statutory authority
Staff time required
Approximately 15 hours will be needed by the Department.
Natural Resources
Subject
Revision to Chapter
NR 45 which contains the administrative rules for the use of Department properties. Department staff review Chapter
NR 45 every two years and suggest revisions designed to ensure the health and safety of people using Department properties, and propose use regulations necessary for the protection of natural resources on the properties.
Policy Analysis
Many of the proposed changes are for the purpose of clarifying existing rules or increasing consistency between properties. There is also a rule being proposed to protect cultural resources (no sledding, skiing, snowboarding on the Indian Mounds at Aztalan) and a proposed requirement for dog sledders to obtain permits. Fee increases are being proposed for items such as trail passes, group camping and electrical services at campgrounds. An increase in the number of Type “A" campgrounds is being proposed which would result in increased fees. It has been over 10 years since the last camping fee increase. The increases are needed to help offset the continued rising cost of providing quality services and to offset the GPR reductions that all bureaus and agencies are facing. Local market conditions in the public and private sector indicate that such an increase is supportable.
Statutory authority
Staff time required
Approximately 110 hours will be needed by the Department.2002
Natural Resources
Subject
Creation of a permanent rule to eradicate, manage and control Chronic Wasting Disease (CWD) in Wisconsin,
Policy Analysis
In February 2002, the department was informed three deer samples that were collected in Western Dane County during the 2001 November gun season tested positive for CWD. Since this discovery, intensive sampling and special landowner hunts have resulted in the discovery of a total of 31 CWD positive deer in the CWD surveillance area (Eradication Zone). Significant public involvement, discussion with national experts, other states and staff recommendations led to the development of the original CWD Emergency Rule which will expire on September 1, 2003. Since CWD is a disease that the state of Wisconsin will be dealing with for many years, the need for permanent rules to help control and eradicate this disease will be required. This rule package is the department's recommendation to deal with CWD in the state and request the Board approve the package for public comment.
The permanent rule would replace the measures that were approved by the Natural Resources Board in June 2002 as part of the CWD Emergency Rule Package. Components of the permanent rule vary only slightly from the emergency rule and include provisions for the department to establish special deer hunting zones, reduce the deer herd through aggressive hunting seasons, landowner permits and department authorities. Also included are provisions for registration of deer, restrictions on deer baiting and wildlife feeding.
Groups likely impacted will be landowners in close proximity to CWD positive cases, deer hunters, meat processors and other businesses.
Statutory authority
Staff time required
Approximately 246 hours will be needed by the Department.
Natural Resources
Subject
Policy Analysis
The changes are necessitated by changes in federal reference test methods, updates of provisions incorporated by reference, errors in the current chapters and clarification language for existing rules which are not clear.
Statutory authority
