19. Requires facilities which are newly built or substantially remodeled after the effective date of the rule to install anti-rollout plates on all upper bunks.
20. Creates a requirement for storage space and visiting space but does not impose any dimensional requirements.
21. Creates a requirement for classroom space. This requirement only applies to facilities that are newly constructed or substantially remodeled after the effective date of the rule.
22. Creates a requirement that if medical or dental services are provided in the facility, there shall be sufficient space, equipment, supplies and materials for the performance of the services in a confidential and private manner.
23. Creates a minimum dimensional requirement for outdoor recreation space if a facility provides for outdoor recreation.
24. Reduces the frequency of fire inspections from semi-annually to annually.
25. Creates requirement of meeting ch. HFS 190 which is consistent with ch. DOC 350 and which is consistent with current practice.
26. Requires specific training on the subjects of suicide prevention, mental health, crisis intervention, medications, use of restraints and control devised, and communication skills.
27. Requires that 8 hours of the current annual 24-hour recertification training address suicide prevention, mental health, crisis intervention, and medications.
28. Requires that the second staff person on duty must be an officer, not an administrative or clerical person.
29. Requires that a facility include a policy and procedure on the issue of delivery of medications.
30. Permits a facility to create a policy for the supervised self-administration of insulin injections.
31. Requires TB testing for juveniles who are held beyond one week if prescribed a medical professional.
32. Permits a juvenile to abstain from eating foods which violate the juvenile's religion and requires the facility to substitute from other available food from the menu served at the meal as long as the substitution is nutritious and meets generally accepted nutritional standards.
33. Prohibits audio monitoring of professional visits.
34. Clarified language regarding the observation of juveniles.
35. Creates requirement for facilities to develop policies and procedures relating to searches (juveniles, staff, and property).
36. Removes the requirement to report damage to a facility, which compromises safety or security.
37. Amends the list of restraints and control devices to include restraint chairs.
38. Creates a subchapter which addresses the use of juvenile portions of a county jail.
39. Clarifies that juveniles may only be admitted to a juvenile portion of a county jail for limited periods of time.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as defined in s. 227.114 (1) (a), Stats.
Fiscal Estimate
Although the Department anticipates additional workload related to policy development, it does not anticipate additional costs. Costs to individual counties cannot be determined at this time, but it is estimated that they will be minimal.
Contact Person
Paper copies of the rule and the fiscal estimate may be obtained without cost from Kathryn Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, telephone (608) 240-5049, email kathryn.anderson@doc.state.wi.us. Copies will also be available at the public hearings.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss. 16.004 (1), 227.11 (2) (a), 562.02 (1) and 562.065, Stats., and interpreting ss. 562.02 and 562.065, Stats., the Department of Administration will hold a public hearing on both the emergency rule and proposed permanent rule order repealing s. Game 23.02 (2), relating to purses paid to greyhound owners who are residents of the State of Wisconsin.
Hearing Information
Date:   March 16, 2004
Time:   1:00 p.m.
Location:   Western Racine County Services Center
  Eppers Room
  209 N. Main St.
  Burlington, WI
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, should be directed to: Daniel Subach, Department of Administration-Division of Gaming, PO Box 8979, Madison, WI 53708-8979. Written comments must be received by March 26, 2004, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Administration
Statutory Authority: ss. 16.004 (1), 227.11 (2) (a), 562.02 (1) (a) and 562.065, Stats.
Statutes Interpreted: ss. 562.02 and 562.065, Stats.
Section Game 23.02 (2) was created in the Department's rulemaking order (03-070). The Department proposes repealing this section due to the unforeseen hardship that it has created on the Wisconsin racetracks. This financial hardship presents itself in multiple ways. The racetracks rely on an outside vendor to compute the purses earned by all individuals. The vendor produces a similar system for most greyhound racetracks in the country. The purses are generated by the amount of money wagered on all races over a period of time. The current system does not provide for bonus purses to be paid out based upon the residency of certain owners. The current system would have to be reprogrammed at a significant cost to the racetracks. Although the bonus purses could be calculated and paid without a computer, it would create excessive clerical work that would also be costly to the racetracks.
Additionally, Geneva Lakes Greyhound Track committed to paying a minimum payout of purses to the greyhound and kennel owners that race in Delavan. Geneva Lakes Greyhound Track will supplement out of their own money any purse amount that does not exceed the minimum payout. As a result of paying the bonus purse to Wisconsin owned greyhounds, the variance between the actual purse and the minimum purse is increased and the financial liability to the racetrack is increased. Since this supplement is voluntary, the racetrack has indicated that it will probably have to cease the supplemental purses to the participants. This would result in reduced payments to the vast majority of the kennel owners and greyhound owners participating at the racetrack.
In creating this rule, the Department did not intend to create the disadvantages caused by this rule.
Text of Proposed Rule
SECTION 1: Game 23.02 (2) is repealed.
Fiscal Estimate
The repeal of this rule will not have any fiscal impact on any governmental entity.
Initial Regulatory Flexibility Analysis
There will be no significant impact on small businesses.
Contact Person
If you have any questions regarding the rule amendments, please contact:
Daniel Subach
Department of Administration – Division of Gaming
2005 W. Beltline Hwy., Suite 201
PO Box 8979
Madison, WI 53708-8979
Telephone (608) 270-2539
Notice of Proposed Rulemaking
Medical Examining Board
NOTICE IS HEREBY GIVEN that pursuant to ss. 15.08 (5) (b), 227.11 (2) and 448.965, Stats., and interpreting 1999 Wisconsin Act 180, and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Medical Examining Board will adopt the following rules as proposed in this notice, without public hearing unless, within 30 days after publication of this notice on March 1, 2004, the Medical Examining Board 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.
Analysis Prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 448.965, Stats.
Statutes interpreted: 1999 Wisconsin Act 180.
1999 Wisconsin Act 180, effective June 2, 2000, created the Occupational Therapists Affiliated Credentialing Board and made numerous substantive changes to the licensure and regulation of occupational therapists and occupational therapy assistants. The Occupational Therapists Affiliated Credentialing Board thereafter promulgated administrative rules required by the new law, which became effective January 1, 2003, and are found at Chs. OT 1 to 5. The administrative rules found at ch. Med 19, which governed the licensure of occupational therapists and occupational therapy assistants before creation of the new affiliated credentialing board, were not, through oversight, repealed.
Text of Rule
SECTION 1. Chapter Med 19 is repealed.
Fiscal Estimate
This rule change will have no fiscal impact on the Department of Regulation and Licensing.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department's 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 53708-8935, (608) 266-0495.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN THAT pursuant to ss. 23.09 (2), 29.014, 29.089 (3) and 227.11, Stats., interpreting ss. 29.089 (3), 29.164 (2), 29.184 and 29.192 (2), Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 10 and 11, Wis. Adm. Code, relating to hunting and trapping regulation changes. In addition, pursuant to ss. 23.09 (2) (c), 29.014 (1), 29.041, 29.614 and 227.11 (2) (a), Stats., interpreting ss. 29.014 (1) and 29.041, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 20, 23 and 26, Wis. Adm. Code, relating to fishing on the inland, outlying and boundary waters of Wisconsin.
Analysis Prepared by Dept. of Natural Resources
The proposed rules for chs. NR 10 and 11:
1. Repeal the prohibition on Canada goose hunting on the Saturday, Sunday and Monday of the Labor Day holiday weekend.
2. Extend the fall turkey season to 40 consecutive days by opening the season on October 1.
3. Clarify that Willow River and Kinnickinnic state parks have a 9-day deer gun season.
4. Clarify the muzzleloader and firearm seasons at the Loew Lake unit of the Kettle Moraine state forest.
5. Extend the muzzleloader deer season to 10 days in state parks where the muzzleloader season is offered to be consistent with the statewide muzzleloader deer season.
6. Create a 9-day deer gun season at Governor Thompson state park.
7. Modify the muskrat, fisher and mink seasons to provide consistency in season dates and lengthen the seasons for these species.
8. Extend the deadline for purchasing a class A bear hunting license to August 1.
9. Allow legally harvested deer to be skinned prior to registration.
10. Allow dogs to be used for hunting turkeys during the fall turkey hunting season.
11. Extend the late archery season by three days in state parks where late archery deer hunting is allowed.
12. Create three new turkey management zones.
13. Eliminate sharp-tailed grouse closed areas in northwestern Wisconsin.
NOTICE IS HEREBY FURTHER GIVEN THAT the proposed rules for chs. NR 20, 23 and 26 include:
1. Increasing the minimum length limit from 34 to 45 inches for muskellunge on the Wisconsin River from the Castle Rock dam in Adams and Juneau Counties upstream through Wood County, to the DuBay dam in Portage County.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.