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 DHS 12.03 (12) (Note) is repealed.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 (Note 2) and 12.03 (22) and (22) (Note) are repealed.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 DHS 13.03 (16) (Note) is repealed.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 DHS 36.03 (11m) and (11m) (Note) are repealed.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 DHS 65 is repealed.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 92.04 (11) (a) (Note) is repealed.
SECTION 12. DHS 97.03 (1) (b) and 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 13. DHS 98.12 (2) and (2) (Note) are repealed.
SECTION 14. DHS 114 is repealed.
SECTION 15. 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 or a first responder, emergency medical services practitioner or an emergency medical responder, or within an emergency health care facility
DHS 125.03 (5m) “Emergency health care personnel" means emergency medical technicians, first responders emergency medical services practitioners, emergency medical responders, and emergency health care facility staff.
SECTION 16. 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 17. DHS 125.03 (6) and (7) are repealed.
SECTION 18. DHS 125.05 (1), (3) (a) 1. and (c), (5) (a), and (6) (intro.) 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 and first responders emergency medical services practitioners and 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, first responder, emergency medical services practitioner, 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, first responder emergency medical services practitioner, emergency medical responder, 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, first responder emergency medical services practitioner, emergency medical responder 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, first responder emergency medical services practitioner, emergency medical responder 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 19. 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 20. DHS 134.82 (3) (f) (Note) is repealed.
SECTION 21. DHS 143 is repealed.
SECTION 22. 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 23. DHS 157.96 (8) (Note) is repealed.
SECTION 24. DHS 190 is repealed.
SECTION 25. 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 26. DHS 199.02 (Note) is repealed.
SECTION 27. 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.
DHS 199.03 (8) “Grant” means a monetary award made by the board department from the appropriation under s. 20.435 (1) (fm), Stats., to an applicant for the uses specified in s. 255.15 (3) (b), Stats. SECTION 28. DHS 199.03 (4m) is created to read:
DHS 199.03 (4m) “Department” means the department of health services.
SECTION 29. DHS 199.03 (12) and (Note) are repealed.
SECTION 30. DHS 199.04 (1) (intro.), (1) (d) 2., and (e), and (2) are amended to read:
DHS 199.04 (1) The board department shall do all of the following:
DHS 199.04 (1) (d) 2. As determined appropriate by the board department, specify additional performance−based standards in each grant contract based on the scope and content of the media and counter−marketing campaign.
DHS 199.04 (1) (e) Fund programs or projects that demonstrate plans and progress toward achieving program quality criteria and indicators of success specified in the grant RFP and the board department strategic plan.
DHS 199.04 (2) The board department may provide funding to governmental organizations performing or providing support for tobacco prevention and reduction activities, including tobacco education, cessation services, policy development, policy advocacy, monitoring, evaluation, resource distribution, program planning or monitoring.
SECTION 31. DHS 199.05 (2) (a) and (b), (3) (a) 3. and (b) 1. and 3., (5) (a) 1. and 2. (intro) and (b) (intro.), (6) (a) 1. to 3., and (b) 1. to 3. are amended to read:
DHS 199.05 (2) (a) The board department shall solicit applications for initial grants by preparing one or more RFPs, publishing a legal notice of the availability of each RFP at least twice in the official state newspaper no later than 3 weeks before the application deadline, and distributing copies of an RFP on request.
DHS 199.05 (2) (b) Based upon satisfactory performance and availability of funds, the board department may solicit applications annually for continuation grants from current grantees. The board’s department’s solicitations shall be published as a legal notice at least twice in the official state newspaper no later than 3 weeks before the application deadline. The board department shall provide details of the continuation grant to interested parties upon request.
DHS 199.05 (3) (a) 3. The application shall be submitted to the board department in accordance with the deadline and processes indicated in the RFP.
DHS 199.05 (3) (b) 1. The board department may solicit applications for continuation grants from currently-funded projects in a form determined by the board department to be appropriate for the projects.
DHS 199.05 (3) (b) 3. The application shall be submitted to the board department in accordance with the deadline, required format and content specifications indicated in the continuation solicitation.
DHS 199.05 (5) (a) 1. ‘Preliminary review.’ All initial grant applications shall include all of the application contents specified in sub. (4) and, if applicable, the RFP. The board department or its designated evaluation committee shall review each application for compliance with the format and content specifications of sub. (4) and the RFP. Applications that fail to meet all of the criteria may not be approved by the board department. Rejection of an application for failure to meet form and content specifications is not subject to appeal to the board department.
DHS 199.05 (5) (a) 2. ‘Evaluation criteria.’ The board department or its designated evaluation committee shall evaluate initial grant applications that receive a favorable preliminary review as specified in subd. 1. against criteria specified in sub. (4) and the RFP. The criteria shall include all of the following:
DHS 199.05 (5) (b) Criteria for evaluating continuation applications. The board department or its designated evaluation committee shall evaluate continuation grant applications against all of the following criteria:
DHS 199.05 (6) (a) 1. The board department or its designated evaluation committee shall weight the importance of each evaluation criterion by assigning points to it. The criteria weighting shall be provided in the RFP.
DHS 199.05 (6) (a) 2. Using the evaluation criteria specified in subs. (4) and (5), the board department or its designated evaluation committee shall evaluate each application against each applicable criterion and assign points signifying the degree to which the application meets each criterion up to the maximum number of points specified in the RFP. The total points assigned to the application for all applicable criteria will be the score for each application.
DHS 199.05 (6) (a) 3. The board department shall numerically rank each application for each RFP and for continuation grants.
DHS 199.05 (6) (b) Ranking applications for continuation grants.
1. Using evaluation criteria specified in sub. (5) (b), the board department or its designated evaluation committee shall conduct a non−competitive evaluation of each application.
2. The board department shall assign a numerical score to each continuation grant application.
3. The board department or its designated evaluation committee shall award continuation grants based upon the applicant’s demonstration of effective grant administration and achievement of program outcomes during the previous funding period.
SECTION 32. DHS 199.06 (1) (a) (intro.) and 1. to 3., (b), and (c), (2) to (4), and (5) (a) to (c), are amended to read:
DHS 199.06 (1) (a) Initial grants. For a given RFP, the board department shall award a grant to the applicant with the highest numerical score pursuant to s. DHS 199.05 (6), except that: DHS 199.06 (1) (a) 1. The board department or its designated evaluation committee may reject any application failing to meet the content specifications under s. DHS 199.05 (4). Rejection of an application for failure to meet the content specifications under s. DHS 199.05 (4) is not subject to appeal. DHS 199.06 (1) (a) 2. The board department may negotiate the amount of an award, authorized budget items and programmatic goals and objectives before awarding a grant to an applicant.
DHS 199.06 (1) (a) 3. The board department or its designated evaluation committee may reject applications submitted by organizations or individuals that have a contractual, corporate, organizational or business responsibility to promote, assist in the promotion of, the use of or the sale of tobacco products for a company involved in the production, distribution or marketing of tobacco products.
DHS 199.06 (1) (b) Continuation grants. The board department may negotiate the amount of an award, authorized budget items and programmatic goals and objectives before awarding a continuation grant to an applicant.
DHS 199.06 (1) (c) Intergovernmental procurements. In accordance with s. 16.75 (6) (b), Stats., the board department may perform an intergovernmental procurement for purchases of supplies, materials, equipment or contractual services other than printing and stationary, from the federal government, from another state, or from any county, city, village, town or other governmental body in the state.
