The Department proposes to revise ch.
HFS 129, relating to the certification of programs and requirements for training and testing of nurse assistants, home health aides, and hospice aides.
Policy analysis
The Department proposes to revise ch.
HFS 129 for several reasons:
1. To reflect the Department's decision to standardize the administration and operation of nurse aide competency evaluation statewide by contracting for this service.
Federal regulations set forth under CFR 483.152 and 483.154 authorize states to choose to offer a nurse aide training and competency evaluation program, or to review, and approve or disapprove program applications upon request. For the past 11 years, the Department has been reviewing, and approving or disapproving nurse aide training and competency evaluation programs based on standards in s.
HFS 129.08. Anyone who meets those standards may conduct a testing program. However, the Department believes that specifying standards for competency evaluation programs cannot assure the maintenance of neutral and objective facility-sponsored instructional and competency evaluation tests that are free from possible inherent conflicts of interest posed by the need to meet facility staffing requirements. Therefore, the Department wants to modify ch.
HFS 129 to reflect the Department's contracting out responsibility for such competency testing.
2. To improve the accuracy and integrity of the nurse aide registry.
Under s.
146.40 (4g), Stats., and s.
HFS 129.10, the Department is required to maintain a list, known as a “registry," of all persons deemed qualified to work in Wisconsin as a nurse aide. Aside from committing an offense that would bar a person from remaining on the list, there are currently no provisions for removing a person's name from list, even though the person may no longer be available or interested in serving as a nurse aide. The Department believes that the list of qualified nurse aides, currently numbering over 156,000, contains many persons who no longer are available or interested in working as a nurse aide. Therefore, the Department will propose to modify s.
HFS 129.10 to require nurse aides to periodically update their registration information and, in the process, allow the Department to maintain a more accurate list of nurse aides. Periodic updating will also provide the Department the opportunity to verify the information provided by nurse aides.
3. To clarify who is eligible to work as a nurse aide under specific circumstances.
The Department proposes to modify s.
HFS 129.10 to clarify who may be included on the registry and who is eligible to work as a nurse aide and, specifically, a medication aide. The Department will also clarify the circumstances under which a person not currently included on the registry may work in a health care facility.
4. To make ch.
HFS 129 more consistent with current federal regulations governing nurse aides.
The Department will propose revising aspects of ch.
HFS 129 to reflect federal requirements established since ch.
HFS 129 was originally promulgated over 10 years ago. Specifically, the Department will propose to incorporate federal requirements relating to:
• Withdrawal of Department approval of a nurse aide training and competency evaluation program or a nurse aide competency evaluation program if the entity providing the program refuses to permit unannounced visits by the State.
•Nurse aide training needing to be performed by or under the general supervision of a RN who possesses a minimum of 2 years of nursing experience, at least 1 year of which must be in the provision of long term care facility services.
• The inability of a facility to charge fees for training and competency testing to a person who is employed by or has received an offer of employment from a health care facility. In addition, in the case of a person becoming employed by federally certified nursing home within 12 months after completing a training and testing program, the requirement for the Department to reimburse the person for the costs of such training and testing.
• Requiring that the skills demonstration part of the evaluation be performed in a facility or laboratory setting comparable to the setting in which the person will function as a nurse aide and be administered and evaluated by a RN with at least 1 year's experience in providing care for the elderly or the chronically ill of any age.
• Requiring a competency testing program to use a systems that prevent disclosure of both the pool of questions and the individual competency evaluations.
• Requiring that the skills demonstrated must consist of a demonstration of randomly selected items drawn from a pool consisting of the tasks generally performed by nurse aides.
• Establishing what happens if a person does not complete the evaluation satisfactorily, and impose a maximum number of three times that person may attempt to complete the evaluation successfully.
5. To expand the mechanisms available to the Department for enforcing compliance of testing and evaluation programs.
Existing enforcement options in s.
HFS 129.05 (2) (c) are limited to suspension or revocation of certification or imposing a plan of correction. Although these are valuable enforcement tools, they do not give the Department the flexibility it needs to tailor its response to the severity of non-compliance with this chapter. The Department will propose to revise ch.
HFS 129 to include additional enforcement options such as requiring a training or competency program whose approval has been revoked to remain ineligible to submit a new nurse aide training or testing program application for a period of up to one year, issuing a statement of deficiency and placing conditions on certification. The Department also will propose additional enforcement penalties for instructors and examiners who fail to follow program requirements.
Statutory authority
Staff time required
The Department estimates that it will take approximately 50 hours to draft the rulemaking order.
Natural Resources
Subject
Section
NR 30.01 (1) (h) pertaining to the forest protection area of Jackson County.
Policy analysis
Throughout Wisconsin there are three types of forest fire protection designated for lands lying outside the limits of incorporated cities or villages. Where it has been determined by the Department there is a need for the Department to provide organized forest fire protection, there is established either an Intensive or Extensive forest fire protection area. On all other lands outside the limits of incorporated cities or villages a Cooperative forest fire protection designation is applied. ss 26.13 (1) Stats provides the chairperson of the town board will be the person responsible for providing forest fire prevention, detection, and suppression in the township. ss 26.13 (2) Stats places the responsibility for paying for all costs for this protection on the township. It also provides a mechanism for the township to levy a tax to pay these expenses. ss 26.13 (3) Stats gives the township the authority to regulate all burning within the township through a burning permit system. ss26.11 (6) Stats provides a mechanism for the Department to assist a township in Cooperative protection after they have expended an amount specified. It also provides a mechanism for the Department to cover its costs.
The Township of Irving in Jackson County has petitioned to have parts of its lands removed from the Department's organized forest fire protection area.
Approval of this request from the Township of Irving would result in the relegation of responsibility to local authority. The citizens and landowners of the Township of Irving should be given a chance to clearly understand the totality of these changes. The Department is requesting a public hearing be held in the Township of Irving to offer such an opportunity.
Statutory authority
Staff time required
Approximately 22 hours will be needed by the Department.
Transportation
Subject
Objective of the rule. This rule making will amend chs.
Trans 325 and
326, relating to motor carrier safety and hazardous material transportation safety, to bring them into conformance with changes to the Federal Motor Carrier Safety Regulations and Hazardous Material regulations which will go into effect on January 4, 2004. Amendment of these rules will assure State Patrol inspectors and troopers are enforcing the most recent Safety regulations for Interstate Carriers and Hazardous Material (HM) regulations for both interstate and intrastate HM carriers.
1. Trans 325 (Motor Carrier Safety Regulations) - interstate. Amend the rule to include all changes in effect as of January 4, 2004. Changes have been made to the Federal Motor Carrier Safety regulations Title 49, Parts 390 through 397, regulating interstate operations. Amendment to this rule will bring state regulations in compliance with current interstate regulations.
2. Trans 326 (Motor Carrier Safety Requirements for Transportation of Hazardous Materials) for interstate and intrastate operations. Amend the rule to include all changes which have been made to Federal Motor Carrier Safety regulations
49 CFR Parts 107,
171,
172,
173,
177,
178, and
180 and in effect as of January 4, 2004. Amendment to this rule will bring state regulations, interstate and intrastate regulations into compliance with current federal regulations.
Policy analysis
TRANS 325
The Department annually updates ch.
Trans 325 to keep current with the most recent changes and revisions to the Federal Motor Carrier Safety regulations. The revisions allow state inspectors and troopers to enforce the most current safety regulations already in effect for interstate motor carriers. The rule will continue to reference the use of the most recent North American Standard Out-of-Service criteria for placing vehicles and drivers out of service.
TRANS 326
The Department annually updates ch.
Trans 326 to keep current with the most recent changes and updates to the federal hazardous material regulations. The revisions will allow state inspectors to enforce the most current hazardous material (HM) regulations already in effect for interstate and intrastate carriers. The rule will continue to reference the use of the most recent North American Standard Out-of-Service criteria vehicles and drivers out of service.
Statutory authority
Staff time required
It is estimated that state employees will spend 100 hours on the rule making process, including research, committee meetings, drafting and conducting public hearings.
Transportation
Subject
Objective of the rule. This rule making will amend ch.
Trans 327, relating to intrastate motor carrier safety regulations to bring them into conformity with the most recent changes to the Federal Motor Carrier Safety Regulations which will go into effect on January 4, 2004.
Amendment of this rule will assure State Patrol inspectors and troopers are enforcing the most recent Federal Motor Carrier Safety regulations for intrastate carriers.
This proposed rule will keep the Department in compliance to qualify for continued Motor Carrier Safety Assistance Program (MCSAP) funding.
Policy analysis
The Department annually updates Trans 327 to keep current with the most recent changes to the Federal Motor Carrier Safety Regulations,
49 CFR parts 40,
382,
390,
391,
392,
393,
395,
396, and
397.
The rule will continue to reference the use of the most recent North American Standard Out-of-Service criteria for placing vehicles and drivers out-of-service.
Statutory authority
Staff time required
It is estimated that state employees will spend 100 hours on the rule making process, including research, committee meetings, drafting and conducting public hearings.
