While the Department is currently in the process of promulgating ch.
HFS 109 as permanent rules, s.
49.688 (5) (a) and
(7) (a), Stats., mandate the initiation of some SeniorCare program elements beginning on September 1, 2002. To meet this deadline, the Department is issuing ch.
HFS 109 as emergency rules to preserve the public welfare.
Publication Date:
September 1, 2002
Effective Date:
September 1, 2002
Expiration Date:
January 29, 2003
Hearing Date:
October 10, 2002
Health and Family Services
(Health, Chs. HFS 110—)
Rules adopted creating
s. HFS 115.04 (9) to (13), relating to screening newborn infants for congenital disorders.
Finding of emergency
The Department of Health and Family Services finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety or welfare. The facts constituting the emergency are as follows:
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.
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. Permanent rules require six or more months to take effect. Collectively, these disorders occur, on average, once in every 30,000 births. Given an annual birthrate of about 68,000 in Wisconsin, delaying the effective date of these rules by six or more months may result in one to three persons being born with one of these five disorders and that fact escaping detection. To eliminate this possibility and ensure that newborn testing begins as soon as possible, the Department has chosen to promulgate this rule change on an emergency basis while the Department promulgates a permanent rule.
While the Department is currently in the process of promulgating these amendments to the permanent rules, the Department must implement these changes immediately to preserve the public health. Therefore, the Department is issuing these identical amendments as an emergency order.
Publication Date:
October 12, 2002
Effective Date:
October 12, 2002
Expiration Date:
March 11, 2003
Hearing Date:
December 17, 2002
Natural Resources (4)
(Fish, Game, etc., Chs. NR 1-)
1.
Rules adopted revising
chs. NR 10 and 45, relating to the control and management of chronic wasting disease.
Finding of emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public health, safety and welfare. The state legislature has delegated to the department rule-making authority in
2001 Wisconsin Act 108 to control the spread of Chronic Wasting Disease (CWD) in Wisconsin. CWD poses a risk to the health of the state's deer herd and citizens and is a threat to the economic infrastructure of the department, the state, it citizens and businesses.
Publication Date:
July 3, 2002
Effective Date:
July 3, 2002
Expiration Date:
November 30, 2002
Hearing Date:
August 12, 2002
Extension Through:
April 1, 2003
2.
Rules adopted repealing and recreating
s. NR 20.20 (49) (d) and (61) (c), relating to the closure of carp fishing on Cedar Lake and connected waters in Polk and St. Croix counties.
Finding of emergency
The Department of Natural Resources finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting the emergency is:
Spring viremia of carp virus is of international animal health concern. The virus effects fishes in the minnow family in nature. Minnows are extremely important forage fish for many important sport fishes in Wisconsin and are also important to the bait and aquaculture industries. Assuring the health of minnow populations and preventing the spread to other waters is important in preserving the welfare of Wisconsin citizens by protecting popular and economically valuable sport and bait fisheries. Little is currently known about the extent of the virus and until we can increase our knowledge, this closure will limit the potential spread from transport of fish and/or their parts and fluids.
Publication Date:
October 3, 2002
Effective Date:
October 3, 2002
Expiration Date:
March 2, 2003
Hearing Date:
November 11, 2002
Finding of emergency
The waters of Lake Superior were not part of the extensive off-reservation treaty rights litigation known as the Voigt case. The parties stipulated that the Lake Superior rights would be dealt with, to the extent possible, by agreement rather than litigation. This rule represents the implementation of the most recent negotiated amendments to the agreement between the State and the Red Cliff and Bad River Bands. These amendments incorporate the results of a new population estimate that was not available previously. In order to comply with the terms of the agreement, the State must change its quotas and commercial fishing regulations at the earliest possible date. Failure of the State to do so will not only deprive state fishers of increased harvest opportunities available under the agreement, but could also jeopardize the agreement, putting the entire Lake Superior fishery at risk of litigation.
Publication Date:
November 1, 2002
Effective Date:
November 1, 2002
Expiration Date:
March 31, 2003
Hearing Date:
December 13, 2002
4.
Rules adopted revising
chs. NR 16 and 19 and creating
ch. NR 14, relating to captive wildlife.
Finding of emergency
2001 Wis. Act 56 was not enacted until April of 2002. It required standards for captive animals held under licenses issued under ch.
169, Stats., to be in place by January 1, 2003, the effective date of the change from licensing under ch.
29, Stats., to ch.
169, Stats. As the use of the permanent rule process would not allow these standards to be in place by January 1, 2003, the Department had no choice but to use the emergency rule procedures. Failure to have standards in place would result in the lack of humane care standards for wild animals held in captivity and the lack of pen standards necessary to prevent the interactions between captive and wild animals.
Publication Date:
December 20, 2002
Effective Date:
January 1, 2003
Expiration Date:
May 31, 2003
Nursing
Rules adopted creating
s. N 4.10, relating to malpractice insurance coverage for nurse-midwives.
Exemption from finding of emergency
Under Section
13 of
2001 Wisconsin Act 52, the Board of Nursing is directed to use the procedure under s.
227.24, Stats., in promulgating the rules required under s.
441.15 (5) (b) of the statutes. Under that procedure, the Board of Nursing may promulgate this rule for the period before permanent rules become effective. The Board of Nursing need not provide evidence of the necessity of preservation of the public peace, health, safety, or welfare in promulgating this rule.
Analysis prepared by the Department of Regulation
2001 Wisconsin Act 52 makes a number of changes to the provisions affecting nurse-midwives, including that licensed nurse-midwives carry malpractice insurance in an amount determined by rules to be promulgated by the Board of Nursing. This rule establishes those requirements relating to malpractice coverage for nurse-midwives.
Using the procedure under s.
227.24, Stats., the Board of Nursing will promulgate the rules as created by
2001 Wisconsin Act 52, for the period before permanent rules become effective.
Publication Date:
November 5, 2002
Effective Date:
November 5, 2002
Expiration Date:
April 4, 2003
State Treasurer
Rules adopted creating
ch. Treas 1 relating to the Wisconsin College Savings Program Board.
Exemption from finding of emergency
Analysis prepared by the Office of the State Treasurer
Statutes interpreted: s.
14.64 et seq., Stats.
The Wisconsin College Savings Program Board establishes a rule for the operation of the College Savings Program. The rule is designed to grant flexibility to program participants wherever possible, while enabling the State and its private-sector partners to administer the program in a manner that protects the program's financial integrity and viability. Maintaining eligibility as a “qualified tuition program" pursuant to section
529 of the Internal Revenue Code [
26 USC 529] is another primary objective. “529" programs are eligible for a number of federal tax benefits that are attractive to families saving for future college costs. Significant features of the rule are addressed below:
Sections
Treas 1.03,
1.04 and
1.05 describe who may open an account and how to open an account. Section
Treas 1.06 discusses designating a successor owner and describes how to change ownership of an account. Sections
Treas 1.07 and
1.08 define the account beneficiary and how to change the beneficiary on an account.
Section
Treas 1.09 details how to make contributions to an account, including minimum and maximum contribution limits, and how to “rollover" an account balance to another section 529 program. IRS requirements relating to investment direction are also detailed.
Sections Treas 1.11, 1.12 and 1.13 describe account withdrawals, distributions and refunds. Special circumstances
are also provided for in these sections, such as the death or disability of the beneficiary or receipt of a scholarship by a beneficiary. Section
Treas 1.14 sets forth conditions under which the Board may terminate an owner's account. Sections
Treas 1.15 and
1.16 address related fees and penalties.
Publication Date:
January 7, 2002
Effective Date:
January 7, 2002
Hearing Date:
March 5, 2002
Veterans Affairs
