In 2012, a National Highway Transportation Safety Administration (NHTSA) recommended that the department “[c]onsolidate ambulance inspection and licensing authority within the Department of Health Services with sufficient funding and personnel to support the function.”
NHTSA further stated that “[t]here is a standardized list of ambulance equipment, including pediatric equipment, listed in the administrative rule Trans 309. The EMS Unit has worked with DOT to develop licensing rules and makes suggestions regarding qualifications for inspection personnel. However, the equipment list has not been updated for over 12 years and the language resides in the DOT administrative rule. Both Dot and the EMS Unit will be reviewing the list for updates but constituents expressed the desire to have this inspection function within the EMS Unit.”
The department promulgated CR 19-074 in late 2020. That rule updated inspection standards and medical equipment standards with the assumption that DHS would have statutory authority to promulgate rules relating to medical equipment standards, set out subch. III of ch. Trans 309. To date, DHS still does not have authority to promulgate such rules. Therefore, the department must move the repeal date set forth in s. Trans 309.25 back. Analysis Regarding Rule’s Effect on Small Businesses:
This rulemaking does not make substantive changes to current ch. Trans 309, therefore there is no effect on small businesses. The agency contact person listed below is also the small business regulatory coordinator for this proposed rule. This proposed rule, fiscal estimate, and other related documents may be viewed at https://docs.legis.wisconsin.gov/code. Agency Contact Person:
Capt. Karl Mittelstadt
State of Wisconsin Department of Transportation
Division of State Patrol
4822 Madison Yards Way Room
Madison, Wisconsin 53705
(608) 215-2804
Place Where Comments Should Be Submitted and Deadline: Comments may be submitted to the agency contact person listed above or through the Legislature’s Administrative Rules website http://docs.legis.wisconsin.gov/code until the deadline given in the forthcoming notice of public hearing.
TEXT OF RULE
Section 1. Trans 309.25 is amended to read:
Trans 309.25 Subchapter III is repealed on July 15, 2023 or upon promulgation by the Department of Health Services of administrative rules establishing standards and inspections, as well as legislative appropriation of resources for such inspections, whichever comes sooner.
