The proposed rules are not anticipated to have an impact on small businesses.
Agency contact person
Statement on quality of agency data
See “summary of factual data and analytical methodologies” section above.
Place where comments are to be submitted and deadline for submission
Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and to the department’s website, at https://www.dhs.wisconsin.gov/rules/permanent.htm. Comments may also be submitted through the Wisconsin Administrative Rules Website, at: https://docs.legis.wisconsin.gov/code/chr/active. RULE TEXT
SECTION 1. DHS 12.03 (12) is amended to read:
DHS 12.03 (12) “Foster home” means any facility operated by a person required to be licensed under s. 48.62 (1), Stats., in which care and maintenance are provided for no more than 4 foster children, or, if all are siblings, for no more than 6 children, and also includes a treatment foster home that also provides structured professional treatment by trained individuals, and a home licensed for placement of children for adoption under s. 48.833, Stats., for whom adoption assistance will be provided under s. 48.975, Stats. SECTION 2. DHS 12.03 (12) (Note) is repealed.
SECTION 3. DHS 12.03 (17) (a) 2. is amended to read:
DHS 12.03 (17) (a) 2. Issuance or renewal by a county department or child−placing agency of a foster home or treatment foster home license under s. 48.62 or 48.75, Stats., including a home licensed for placement of children for adoption under s. 48.833, Stats., for whom adoption assistance will be provided under s. 48.975, Stats., and includes approval of pre−adoptive applicants who contract for a home study with a licensed private child placing agency for approval of a placement of a child for adoption. SECTION 4. DHS 12.03 (17) (a) 2. (Note 2), and DHS 12.03 (22) and (22) (Note) are repealed.
SECTION 5. DHS 13.03 (16) is amended to read:
SECTION 6. DHS 13.03 (16) (Note) is repealed.
DHS 36.03 (10m) “Elder” means a person who is age 60 or older or who is subject to the infirmities of aging.
SECTION 8. DHS 36.03 (11m) and (11m) (Note) are repealed.
SECTION 9. DHS 65 is repealed.
SECTION 10. DHS 92.04 (11) (a) is amended to read:
DHS 92.04 (11) (a) Treatment records or portions of treatment records may be made accessible to the patient’s counsel or guardian ad litem only as authorized under s. 51.30 (4) (b) 11., Stats., and this section, to the counsel for the interest of the public only as authorized under s. 51.30 (4) (b) 14., Stats., and this section and to the court appointed examiner only as authorized under s. 51.20 (9) (a), Stats., and this section. SECTION 11. DHS 97.03 (1) (b) and DHS 97.04 (2) (b) are amended to read:
DHS 97.03 (1) (b) “DMHSASDCTS administrator” means the administrator of the department’s division of mental health and substance abuse services care and treatment services.
DHS 97.04 (2) (b) The CCE shall send a copy of his or her recommendation under s. DOC 310.12 to the DMHSAS DCTS administrator, and the DMHSAS DCTS administrator or designee may make a recommendation to the secretary of corrections. SECTION 12. DHS 98.12 (2) and (2) (Note) are repealed.
SECTION 13. DHS 114 is repealed.
SECTION 14. DHS 125.02 and 125.03 (5m) are amended to read:
DHS 125.02 This section applies to any person providing health care as an emergency medical technician services practitioner or a first an emergency medical responder, or within an emergency health care facility.
DHS 125.03 (5m) “Emergency health care personnel" means emergency medical services technicians practitioners, first emergency medical responders and emergency health care facility staff.
SECTION 15. DHS 125.03 (5g) and (5r) are created to read:
DHS 125.03 (5g) “Emergency medical responder” has the meaning given in s. 256.01 (4p), Stats. DHS 125.03 (5r) “Emergency medical services practitioner” has the meaning given in s. 256.01 (5), Stats. SECTION 16. DHS 125.03 (6) and (7) are repealed.
SECTION 17. DHS 125.05 (1), (3) (a) 1., (c), (5) (a), and (6) are amended to read:
DHS 125.05(1) General requirement. Emergency health care personnel shall follow a do-not-resuscitate order, as evidenced by a patient wearing a do-not-resuscitate bracelet, unless the order is invalidated by a condition under sub. (3). If there is any doubt about honoring a do-not-resuscitate bracelet, emergency medical technicians services practitioners and first emergency medical responders shall contact the medical control hospital and emergency health care facility staff shall contact the director of emergency services. DHS 125.05 (3) (a) 1. Expressing to an emergency medical technician services practitioner, first emergency medical responder or emergency health care facility staff member the desire to be resuscitated. When this is done, emergency health care personnel shall promptly remove the do-not-resuscitate bracelet.
DHS 125.05 (3) (c) The emergency medical technician services practitioner, first emergency medical or emergency health care facility staff member knows that the patient is pregnant.
DHS 125.05 (5) (a) Even if resuscitation is not attempted, the emergency medical technician services practitioner, first emergency medical or emergency health care facility staff member shall document the patient contact in the patient's medical record or the ambulance run report form, as appropriate.
DHS 125.05 (6) Violations. An emergency medical technician services practitioner, first emergency medical or emergency health care facility staff member who does any of the following is subject to the penalties set forth in s. 154.29 (1) or (2), Stats.: SECTION 18. DHS 134.82 (3) (f) is amended to read:
DHS 134.82 (3) (f) Smoking. Facilities shall have and enforce a policy and rules to ensure that smoking materials are used safely. The policy and rules shall include the designation of areas in which smoking is permitted, as required under s. 101.123 (4), Stats. SECTION 19. DHS 134.82 (3) (f) (Note) is repealed.
SECTION 20. DHS 143 is repealed.
SECTION 21. DHS 157.96 (8) is amended to read:
DHS 157.96 (8) Public notification. Public notification shall be provided as prescribed in s. NR 809.81 809.833.
SECTION 22. DHS 190 is repealed.
SECTION 23. DHS 199.02 is amended to read:
DHS 199.02 Applicability. This chapter applies to the tobacco control board department of health services, to applicants for grants awarded by the board department, and to organizations that have been awarded grants by the board department.
SECTION 24. DHS 199.02 (Note) is repealed.
SECTION 25. DHS 199.03 (2), (3), (5), and (8) are amended to read:
DHS 199.03 (2) “Applicant” means an organization that applies for a grant from the tobacco control board department to operate a program reducing tobacco use by preventing tobacco use, promoting tobacco use cessation, and eliminating environmental tobacco smoke.
DHS 199.03 (3) “Continuation grant” means a grant awarded by the board department to an applicant who received an initial grant for the current funding year and who proposes to continue to operate the same program, or that program as modified in consultation with the board department, in the new funding year.
DHS 199.03 (5) “Evaluation committee” means a department committee of board members and other persons invited by board members that reviews and evaluates applications.
