Anatomical gifts: Illinois administrative code requires hospitals to have an agreement with its federally designated organ procurement agency providing for notification when potential organ donors become available and to provide access to the medical records of deceased patients. Administrative Code Section: 77 Ill. Adm. Code 250.280. The proposed rule requires hospitals to comply with relevant provisions under s.157.06, Stats., relating to anatomical gifts. The proposed rule removes the more prescriptive requirements on the subject.
Automated external defibrillators: Illinois administrative code requires users of AEDs to be trained. Administrative Code Section: 77 Ill. Adm. Code 525.400. The proposed rule requires hospitals to ensure compliance with s.
50.036 (5), Stats., for use of automated external defibrillators by medical and nursing personnel.
Iowa:
Emergency contraception: Iowa has no administrative code regarding emergency contraception in hospitals. The proposed rule establishes forfeiture amounts as permitted under s.
50.389, Stats., for violations of s.
50.375 (2) or
(3), Stats., relating to emergency contraception for sexual assault victims.
Anatomical gifts: Iowa has no administrative code regarding anatomical gifts in hospitals. The proposed rule requires hospitals to comply with relevant provisions under s.157.06, Stats., relating to anatomical gifts. The proposed rule removes the more prescriptive requirements on the subject.
Automated external defibrillators: Iowa has no administrative code regarding the use of automated external defibrillators in hospitals. The proposed rule requires hospitals to ensure compliance with s.
50.036 (5), Stats., for use of automated external defibrillators by medical and nursing personnel.
Michigan:
Emergency contraception: Michigan has no administrative code regarding emergency contraception in hospitals. The proposed rule establishes forfeiture amounts as permitted under s.
50.389, Stats., for violations of s.
50.375 (2) or
(3), Stats., relating to emergency contraception for sexual assault victims.
Anatomical gifts: Michigan has no administrative code regarding anatomical gifts in hospitals. The proposed rule requires hospitals to comply with relevant provisions under s.157.06, Stats., relating to anatomical gifts. The proposed rule removes the more prescriptive requirements on the subject.
Automated external defibrillators: Michigan has no administrative code regarding the use automated external defibrillators in hospitals. The proposed rule requires hospitals to ensure compliance with s.
50.036 (5), Stats., for use of automated external defibrillators by medical and nursing personnel.
Minnesota:
Emergency contraception: Minnesota has no administrative code regarding emergency contraception. The proposed rule establishes forfeiture amounts as permitted under s.
50.389, Stats., for violations of s.
50.375 (2) or
(3), Stats., relating to emergency contraception for sexual assault victims.
Anatomical gifts: Minnesota has no administrative code regarding anatomical gifts in hospitals. The proposed rule requires hospitals to comply with relevant provisions under s.157.06, Stats., relating to anatomical gifts. The proposed rule removes the more prescriptive requirements on the subject.
Automated external defibrillators
: Minnesota has no administrative code regarding the use automated external defibrillators in hospitals. The proposed rule requires hospitals to ensure compliance with s.
50.036 (5), Stats., for use of automated external defibrillators by medical and nursing personnel.
Summary of factual data and analytical methodologies
The Department relied on all of the following sources to draft the proposed rule to determine the impact on small businesses.
•
The Department solicited comments from representatives of the Wisconsin Hospital and Health Association, Wisconsin Public Psychiatric Hospital, Rural Wisconsin Health Cooperative and Planned Parenthood of Wisconsin. Representatives from these organizations reviewed the initial draft of the rule.
•
The 2002 Economic Census – Wisconsin Geographic Series, compiled by the U.S. census bureau every 5 years for each year ending in “2" and “7" and contains the latest available economic data (2007 data is not yet published-August 2009) compiled on businesses located in Wisconsin.
•
Criteria adopted by the Department and approved by the Wisconsin Small Business Regulatory Review Board to determine whether the Department's proposed rules have a significant economic impact on a substantial number of small businesses. Pursuant to the Department's criteria, a proposed rule will have a significant economic impact on a substantial number of small businesses if at least 10% of the businesses affected by the proposed rules are small businesses and if operating expenditures, including annualized capital expenditures, increase by more than the prior year's consumer price index or reduces revenues by more than the prior year's consumer price index. For the purposes of this rulemaking, 2008 is the index year. The consumer price index is compiled by the U.S. Department of Labor, Bureau of Labor Statistics; the preliminary rate for the Midwest in 2008 is currently estimated at 3.9 percent.
•
Section
227.114 (1) (a), Wisconsin Stats., defines “small business" as a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employees 25 or fewer full-time employees or which has gross annual sales of less than $5,000,000.
•
DHS databases including the Aspen information System which contains demographic, licensing, program, and compliance history of hospitals in Wisconsin.
Analysis and supporting documents used to determine effect on small business
The North American Industry Classification System (NAICS) includes hospitals in the Health Care and Social Assistance sector, (sector 62) and further defined in sub-sector 622 hospitals. Industries in the hospitals subsector provide medical, diagnostic, and treatment services that include physician, nursing, and other health services to inpatients and the specialized accommodation services required by inpatients. Hospitals may also provide outpatient services as a secondary activity. Establishments in the Hospitals subsector provide inpatient health services, many of which can only be provided using the specialized facilities and equipment that form a significant and integral part of the production process.
Employment statistics and revenue data from the 2002 NAICS dataset for Wisconsin report $9.4 billion in revenue with over 103,000 employees receiving over $3.5 billion in wages.
None of Wisconsin's hospitals meet the definition of a small business under s.
227.114 (1), Stats.
Small Business Impact
There is no fiscal impact on small business as defined in s.
227.114 (1), Stats., as none of Wisconsin's hospitals meet the definition of a small business.
Small business regulatory coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
Under the proposed order, the department establishes forfeiture dollar amounts for violations of s.
50.375 (2) and
(3), Stats., relating to emergency contraception services to a female victim of sexual assault. The proposed forfeiture assessment ranges from $2,500 for a first violation to $5,000 for a subsequent violation. The Wisconsin constitution requires that all forfeitures are to be deposited in the Common School Fund with this department receiving no benefit from the forfeiture assessment. The State of Wisconsin operates 4 hospitals, 11 other hospitals are operated by counties or other local governmental entities and would be subject to forfeiture assessment if they were found to be out of compliance. There may be an increase in costs for government run hospitals that violate s.
50.375, Stats. There are no other provisions in the proposed rules beyond statutory requirements that would affect state or local government costs.
There is no fiscal impact on small business as defined in s.
227.114 (1), Stats., as none of Wisconsin's hospitals meet the definition of a small business.
A copy of the fiscal estimate may be obtained from the department upon request.
State fiscal effect
Indeterminate. Increase in costs that may be possible to absorb within the agency's budget.
Fund sources affected
GPR.
Affected Ch.
20 appropriations
Local government costs
Increase costs.
Local government units affected
Cities and Counties.
Private sector fiscal effect
None.
Agency Contact Person
Pat Benesh, Quality Assurance Program Spec-Senior
Division of Quality Assurance
1 West Wilson St., Room 1150
Madison, WI 53701
Phone: 608-264-9896
Fax: 608-267-7119
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN THAT pursuant to s.
227.11 (2) (a), Stats., the Department of Natural Resources will hold a public hearing on revisions to section
NR 45.04 (1) (g), Wis. Adm. Code, relating to regulation of firewood entering department lands. The proposed amendment would prohibit anyone from bringing onto department managed lands firewood from greater than 25 miles from the campground or property, from outside of Wisconsin, or from areas quarantined by the state, a federal agency or tribal government or designated zones of infestation if the property is outside of the quarantine or infested zone unless the firewood source is approved by the Wisconsin DATCP. The amendment also defines firewood for the use of this rule.
Hearing Information
The hearing will be held on:
December 15, 2009, 7:00 p.m. at the following sites:
•
Pyle Center, 702 Langdon St., Room 315, Madison
•
UW-Green Bay, 2420 Nicolet Drive, Room IS1034, Green Bay
•
UW-Marathon County, 518 S. 7th Ave., Room 220, Wausau
•
UW-Eau Claire, 105 Garfield Ave., Room 1118, Old Library, Eau Claire
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dr. Andrea Diss-Torrance at 608-264-9247 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule and Submission of Written Comments
The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order No. FR-25-09. Written comments on the proposed rule may be submitted via U.S. mail to Dr. Andrea Diss-Torrance, Division of Forestry, P.O. Box 7921, Madison, WI 53707 or by e-mail to
Andrea.DissTorrance@wisconsin.gov. Comments may be submitted until December 31, 2009. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from: Dr. Andrea Diss-Torrance, Division of Forestry P.O. Box 7921, Madison, WI 53707 or by calling (608) 264-9247.
Analysis Prepared by the Department of Natural Resources
Statutes interpreted
Statutory authority
Related statute or rule
Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) ch.
ATCP 21 regulates import and movement of firewood and other host material of the emerald ash borer, Asian longhorn beetle, hemlock woolly adelgid and sudden oak death. The Wisconsin Department of Natural Resources ch.
NR 40 prohibits the movement of materials carrying specific invasive species, such as firewood with emerald ash borer (EAB) or asian longhorned beetle. This rule supports ch.
ATCP 21 and
NR 40.
Plain language analysis
This rule will prohibit anyone from bringing onto department managed lands firewood from greater than 25 miles from the campground or property, from outside of Wisconsin, or from areas quarantined by the state, a federal agency or tribal government or designated zones of infestation if the property is outside of the quarantine or infested zone unless the firewood source is approved by the Wisconsin DATCP. The purpose of this rule is to reduce the risk of introduction and spread of EAB and other invasive insects and diseases of trees by reducing the distance firewood used on the properties is moved. Currently, EAB is moving primarily on firewood and parks and campgrounds in other states have been sites of new introductions as a result (Muirhead et al. 2006). This rule will provide additional protection for state parks and forests, set a good example for county, municipal and private campgrounds and reduce a reason people move firewood: for use while camping. While this rule may cause some inconvenience for campers, it is dwarfed by the cost of infestation or establishment of this pest to the public and the state. To minimize any inconvenience, the department is working with firewood dealers and the Wisconsin DATCP to assure a sufficient supply of safe and affordable firewood at department campgrounds.
Invasive, foreign pests and diseases are often very destructive as native trees typically have little resistance, there are rarely effective natural enemies to regulate infestations and effective pesticides may be unavailable. EAB is a dramatic example of this situation. Where it is established, it has eliminated all ash species in the region. Cities and towns in southeastern Michigan have been stripped of street trees and lowland forests decimated as this beetle has killed the ash trees that dominate these landscapes. The cost of removal of hazardous dead trees alone has cost communities millions and they continue to suffer associated costs from reduced property values and increased energy and water costs. Wisconsin is at least as vulnerable to EAB as Michigan. Thirty percent of our community trees are ash and ash species are common to dominant in our northern hardwood, central hardwood and lowland forests. Dealing with EAB and other invasives once established is very expensive but EAB and many other invasives move slowly if not transported on firewood or other host material. If this artificial movement can be reduced, many communities and woodlands in Wisconsin need not suffer damage from EAB for many years. While federal and state quarantines on nursery stock and logs have been effective, those on firewood have largely failed to prevent movement of this pest. Most infestations distant from the core infestation in southeastern Michigan have been traced back to firewood as the source of the introduction. Recognizing this risk, the Wisconsin DATCP and DNR have proposed additional limits on movement of firewood into and within the state. This rule supports DATCP's external quarantine and DNR's NR 40. In addition, the further tightening of restrictions on firewood allowed into state properties sends a strong message that we need to be even more active in preventing spread of EAB now that it is in the state. In the event that an infestation of emerald ash borer is discovered on a department property, movement from that property of all infested host material including firewood would be halted by the DATCP and NR 40, minimizing the risk of spread.
The regulation of firewood into department properties is supported by an intensive information and education program to reach campers who could be affected by the new regulation and to raise awareness of the risk posed by the movement of firewood. The department also reaches out to municipal and private campground managers to educate them on why we are taking this step and encourage and support them if they decide to do likewise. The department will also work with the DATCP and firewood dealers to ensure campers have a sufficient supply of safe and reasonably priced firewood.
Comparison with federal regulations
The Apostle Islands National Park has prohibited bringing any firewood into the park since 2006. The Chequamegon-Nicolet National Forest prohibits firewood from greater than 25 miles onto the forest. The Army Corp of Engineers regulates the firewood they allow onto their lands along the upper Mississippi.
Comparison with rules in adjacent states
Michigan:
Michigan prohibits movement of ash products including firewood from the quarantined counties. Campers from quarantined areas entering Michigan parks are questioned if they brought firewood from the quarantined area and if so confiscation of firewood and fines could result.
Minnesota:
Minnesota state parks allow wood from approved vendors that are within Minnesota and within 100 miles of the park. To be approved, vendors must either exclude ash from their wood, heat treat or debark the wood. Firewood from EAB quarantined counties is not allowed into parks outside the quarantined area.
Iowa:
