Under current DATCP rules, poultry and farm-raised game birds exhibited at fairs, swap meets and like events must be tested prior to the event, or must originate from a flock enrolled in the national poultry improvement plan. This national plan requires routine flock inspections, and yearly testing of all sexually mature birds. Plan enrollment fees vary by flock size and type, and range from $20 to $200. The flock owner must also pay all testing costs.
The national poultry improvement plan is designed for large commercial operations, and compliance costs for small poultry producers may be prohibitive. Small producers who cannot afford to enroll in the national plan are effectively prohibited from selling, moving or exhibiting their birds in many cases.
This rule provides new, more cost-effective disease monitoring options for small poultry producers. This will allow more small producers to sell, move and exhibit their birds. It will encourage more disease testing and monitoring by small producers, and will reduce illegal movement and exhibition of birds. These changes will improve the overall control and monitoring of poultry diseases in this state, and will help to protect human and animal health. DATCP is adopting this rule as an emergency rule so that the improvements can be implemented as soon as possible, and in time for the 2006 fair and exhibition season.
Key Rule Changes
Under this rule, a flock owner who is not enrolled in the national poultry improvement program may nevertheless sell or move poultry for breeding, hatching or exhibition if the flock is enrolled as a Wisconsin tested flock or
Wisconsin associate flock.
A flock may be enrolled as a Wisconsin tested flock if the flock owner tests annually for Salmonella pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum. A flock may be enrolled as a Wisconsin associate flock if it consists entirely of birds obtained from a Wisconsin tested flock. There is no charge to enroll in either program. DATCP will issue certificates that flock owners can use to document enrollment.
Fiscal Impact
This rule will have no fiscal impact on local government and an insignificant impact on DATCP. DATCP will incur added staff and administrative costs to administer the new poultry flock certification program, but expects to absorb the additional workload with existing staff and appropriations. There is no fee for flock owners to enroll in the program.
Business Impact
This rule affects poultry producers, many of which are “small businesses." This rule will have a positive impact on small poultry producers, and will have little or no effect on large producers. Current rules prohibit the sale or distribution of poultry or eggs, for breeding, hatching or exhibition, unless they originate from flocks enrolled in the national poultry improvement plan and meet disease-free classification standards under that plan. However, the national poultry improvement plan is primarily designed for large poultry producers, and may not be cost-effective for small producers. This rule provides cost-effective disease monitoring options that will provide greater market access for small producers.
Under
2003 Wis. Act 145, DATCP and other agencies must adopt rules spelling out their rule enforcement policy for small businesses. DATCP has not incorporated a small business enforcement policy in this rule, but has proposed a separate rule on that subject. DATCP will, to the maximum extent feasible, seek voluntary compliance with this rule.
Federal and Surrounding State Programs
Federal Programs
DATCP administers animal disease control programs in cooperation with the United States department of agriculture, animal and plant health inspection service (“the federal bureau"). DATCP and the federal bureau cooperate in the administration of the national poultry improvement plan, which is governed by
9 CFR 145 and
147. The plan is primarily designed for large poultry producers, and may be cost-prohibitive for small producers.
Plan participation is voluntary, but poultry producers must enroll their flocks in order to move birds in interstate commerce. Current Wisconsin rules further limit movement and exhibition of poultry within this state, except from enrolled flocks. This rule provides more cost-effective alternatives for small poultry producers, giving them more market access.
Surrounding State Programs
Poultry programs in surrounding states are broadly comparable to those in Wisconsin.
All surrounding states (Iowa, Michigan, Minnesota, and Illinois) require testing of poultry for Salmonella pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum. For in-state movement, for purposes other than exhibition, poultry other than turkeys must originate from flocks that have a pullorum-typhoid clean rating under the national poultry improvement plan. Turkeys must be tested for Mycoplasma gallisepticum according to the national poultry improvement plan.
Poultry testing requirements for exhibition vary slightly between states. Generally speaking, exhibited poultry must originate from flocks that comply with the national poultry improvement plan, or they must test negative for pullorum-typhoid (and, in the case of turkeys, for Mycoplasma gallisepticum) within 90 days of the exhibition.
DATCP Contact
Questions and comments related to this rule may be directed to:
Melissa Mace
Department of Agriculture, trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-4883
Notice of Hearing
Dentistry Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Dentistry Examining Board in ss.
15.08 (5) (b),
227.11 (2),
447.02 (1) (d) and
(2) (d) and
(e), Stats., and interpreting s.
447.01 (3) (g), Stats., the Dentistry Examining Board will hold a public hearing at the time and place indicated below to consider an order to renumber s.
DE 7.02; and to create s.
DE 7.02 (2), relating to the definition of “local anesthesia" administered by dental hygienists.
Hearing Date, Time and Location
Date: May 3, 2006
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
Room 121C
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by May 15, 2006, to be included in the record of rule-making proceedings. Analysis prepared by the Department of Regulation and Licensing.
Analysis
Explanation of agency authority: Section
447.02 (2) (d), Stats., authorizes the Dentistry Examining Board to promulgate rules relating to agents that may be administered by a dental hygienist.
Related statute or rule: There are no statutes or rules related other than those listed above.
Plain language analysis: This proposed rule-making order will exempt subginival, local anesthetics administered by applicator from the educational requirements of Chapter
DE 7, which currently apply to dental hygienists who administer local anesthesia by injection. With the exception, the 10 hours of didactic and 11 hours of clinical education would not be required if the dental hygienist limits administration of local anesthetics to applicators.
A new type of subginival, local anesthesia applied by applicator, not by injection, is available is being marketed in Wisconsin. The current rule concerning certification of dental hygienists to administer local anesthesia does not explicitly contemplate local anesthetics administered in this manner, so a definition of “local anesthesia" is being created to clarify educational requirements for dental hygienists who apply local, subginival anesthesia by applicator.
SECTION 1 renumbers DE 7.02.
SECTION 2 creates a definition for “local anesthesia" to except drugs administered topically or by applicator from dental hygienists' educational requirements for the administration of local anesthesia.
Summary of, and comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation for summary and comparison.
Comparison with rules in adjacent states:
Illinois: No board decision. To consider week of 4/11/05.
Iowa: No board decision.
Michigan: No board decision.
Minnesota: Treated the same as any other subginival medicament.
Summary of factual data and analytical methodologies:
The Dentistry Examining Board discussed how chapter DE 7 applies to Oraqix, a new medicament that is administered via a surface applicator rather than by injection. In considering the rule as currently written, the board decided the rule is not clear as applied to the new medicaments because it was written to require training for administering injection of local anesthetics. The board also decided that because of the recent introduction of the product type, the rule did not contemplate training requirements necessary to administer it. The board decided by consensus that a course requirement for local anesthetics delivered via surface applicators should not be subject to the course requirement for injections.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
This proposed rule will impact all dental hygienists licensed in Wisconsin. There are no small businesses affected by this rule that meet the statutory definition contained in s.
227.114 (1), Stats. The certification of no impact on small business is based on the fact that a substantial number of the 4,886 total active licensed hygienists work as employees of a dentist as defined by the practice limitation in s.
447.06, Stats. The proposed rule does not include any additional reporting or bookkeeping requirements. The proposed rule requires dental hygienists to obtain additional professional skills related to coursework for providing local anesthetics delivered via surface applicators.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Anticipated costs incurred by private sector:
The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal Estimate
The proposed rule will have no impact on the department's funds.
Effect on Small Business
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us or by calling (608) 266-8608.
Agency Contact
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission: Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Email
pamela.haack@drl.state.wi.us. Comments must be received on or before May 15, 2006, to be included in the record of rule-making proceedings.
TEXT OF RULE
SECTION 1. DE 7.02 is renumbered DE 7.02 (1).
SECTION 2. DE 7.02 (2) is created to read:
DE 7.02 (2) “Local anesthesia" as used in this chapter means a drug administered other than topically or by applicator for the elimination of sensation, especially pain, in one part of the body. “Local anesthesia" includes medication administered by regional injection.
Notice of Hearing
Health and Family Services
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) and
255.056 (2) and
(7), Stats., and interpreting ss.
255.05, Stats., the Department of Health and Family Services proposes to amend ch.
HFS 148 (title), ss.
HFS 148.01,
148.02,
148.03 (1) to
(3) and
(13),
148.04 (1),
(2) (a) (intro),
(b) and
(note),
(3) and
(note),
148.05,
148.06 (title),
(1) (intro),
(2) (a) (title) and (intro),
(a) 1.,
(b) (intro) and
(title),
(b) 3. and
(note),
(3) (intro),
(4) and
(5),
148.07 (2),
(3),
(4) (c) and
(4) (c) (note),
148.08 and
148.09, and
148.11 (1) and
(2) (b), and to create s.
HFS 148.03 (3m) and
(14m), relating to the cancer drug repository program authorized under s.
255.056, Stats., and affecting small business.
Hearing Date(s) and Location(s)
Date and Time:
Tuesday, April 4, 2006
9:00 AM - 11:00 AM
Location:
1 West Wilson
Room 950 B
Madison, WI
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Place Where Written Comments May be Submitted
Written comments may be submitted at the public hearing or submitted to the Department using the Wisconsin Administrative Rule Website at:
http://adminrules.wisconsin.gov. Written comments may also be sent to:
Doug Englebert, R.Ph.
