Scope statements
Athletic Trainers
Subject
To modify Wis. Adm. Code s.
AT 4.02 to clarify the duties of a licensee in the clinical context and when working on behalf of a primary employer in the instance of receiving a referral of a patient for treatment.
Objective of the rule. Currently, the mandatory protocol requirements for the treatment of an athletic injury do not explicitly provide guidelines delineating the consultation duty and protocol disclosure duty of a licensee who receives a referral of a patient from a person who is not the licensee's consulting physician.
Policy analysis
Modifying Wis. Admin. Code s.
AT 4.02 will assist licensees by clarifying the type of disclosures and professional consultations that must be made with consulting physicians and primary care practitioners in the instance of treatment of referred patients. This will enable both the consulting physician and primary care practitioner to better review and manage the referred patient's treatment by the licensee.
Statutory authority
Staff time required
50 hours.
Health and Family Services
Subject
The Department proposes to amend chs.
HFS 62 and
75. Chapter
HFS 62 is the administrative rule for local and state operation of the Department's Intoxicated Driver Program. First promulgated in 1984, the chapter applies to those public treatment facilities approved by the department under s.
51.45 (8), Stats., that provide assessment or driver safety plan services by order of either a court or the state department of transportation to motor vehicle drivers who are suspected of having, or are found to have, an alcohol or controlled substance problem. The chapter applies also to providers of programs included in driver safety plans. The chapter sets standards for state and county government administration, assessor qualifications, uniform assessment protocols, driver safety plan programs, reporting requirements, and policies regarding conflict of interest.
Chapter
HFS 75 is the Department's administrative rule concerning community substance abuse service standards. It was created in the year 2000 to replace then-existing ss.
HFS 61.50 to
61.68. The chapter applies to each substance abuse service that receives funds under ch.
51, Stats., is approved by the state methadone authority, is funded through the department as the federally designated single state agency for substance abuse services, receives substance abuse prevention and treatment funding or other funding specifically designated for providing services under ss.
HFS 75.04 to
75.15, or is a service operated by a private agency that requests certification.
Policy analysis
The Department modified ch.
HFS 62 in 1996 as a result of temporary fiscal and staffing constraints that reduced the Department's ability to fulfill its role under the Intoxicated Driver Program. The modifications resulted in the Department's transfer of some responsibilities and costs to county governments, including driver safety plan program certification, fiscal and administrative oversight of counties and oversight of persons responsible for assessing drivers under the program.
The Department's creation and implementation of ch.
HFS 75 in 2000 inadvertently adversely affected many intoxicated driver assessment facilities. At least 20 of the 68 intoxicated driver assessment agencies previously approved by the Department experienced one or more of the following: loss of Department approval status; staffing deemed not to be qualified; increased costs; and major disruption of services to the state's annual 35,000 intoxicated drivers.
The proposed rule changes have several purposes. They will restore important Department program certification responsibilities, improve ch.
HFS 62's integration with the recently promulgated ch.
HFS 75, and update critical provisions such as program certification requirements, the intensive supervision program and use of the Wisconsin Assessment of the Impaired Driver assessment tool. Revisions to ch.
HFS 62 will specify minimum standards that assessment facilities must meet to be approved or certified, set fair and effective qualifications for assessors, and foster the cooperative state and county administration of the Intoxicated Driver Program. The rule revisions draw upon the recommendations of a workgroup of private, state and county program providers, which, in 2002, addressed issues associated with approving and certifying assessment facilities, including the use of Uniform Placement Criteria, state certification of assessment facilities, and qualifications and training of assessors. The revisions will incorporate previous Division of Supportive Living Numbered Memo Series policies pertaining to local appeal steps, grievance process, use of Alcoholics Anonymous, and occupational license suspension or denial criteria and others.
Anticipated amendments to ch.
HFS 75 will add an “intervention" service level (similar to those currently under ss.
HFS 75.04 to
75.15) involving assessment and referral to appropriate treatment modalities of persons referred to the Intoxicated Driver Program. Appropriate cross references to ch.
HFS 62, as revised, will also be made. These modifications will improve the uniformity and quality of care for persons receiving substance abuse services and will foster cooperation among public and private service providers. Counties will benefit from a less costly, but effective level of service to intervene with clients prior to a clients' referral to treatment services. These revisions should reduce agency costs, increase uniformity across counties and establish more effective procedures.
Statutory authority
Staff time required
A committee comprised of representatives from county, public and private treatment and assessment agencies, the University of Wisconsin-Extension, the Wisconsin Department of Transportation, traffic safety schools and consumers will draft the rule revisions. The Department will arrange and staff twelve face-to-face and teleconference meetings.
The Department estimates that 240 hours of staff time will be devoted to developing the initial proposed rules over two years.
Natural Resources
Subject
Modification to s.
NR 428.04 (2) (NOx Emission Reduction Rule for New Sources).
Policy analysis
The Bureau of Air Management proposes to incorporate into the Department's NOx emission reduction rule, ch.
NR 428, an emission limit for new combustion turbines burning biologically derived gaseous fuels. The rule was adopted in 2000 as part of Wisconsin's Attainment Demonstration for the 1-hour ozone standard. Included in the rule is an emission limit for new combustion turbines burning gaseous fuels without distinction as to fuel type. Natural gas is the typical fuel for this application and was used for determining the emission rate limitation.
Discussions with affected sources have revealed an emerging trend of burning landfill gas in small combustion turbines that generate electricity and heat/steam for production processes. Emission test results and investigation has revealed that the combustion properties of landfill gas are likely incompatible with techniques and control equipment that are available to natural gas fired units. In addition, gaseous fuels derived from other biological processes such as wastewater treatment plants and digestors are expected to have similar properties and limitations. These fuel sources will also be addressed under the proposed modification.
Although firing biologically derived fuels in combustion turbines results in slightly higher NOx emissions than NR 428 currently allows, this level is significantly lower and produces energy more efficiently than existing alternatives such as a reciprocating engine. A combustion turbine is also expected to be the preferred technology in cases that are not compatible with the use of reciprocating engines or other combustion technologies. The use of combustion turbines burning biologically-derived gaseous fuels is is also expected replace electricity and heat generated from coal combustion.
Statutory authority
Staff time required
Approximately 310 hours will be needed by the Department.
Natural Resources
Subject
Eliminate the lifetime certification provision in ch.
NR 114 for septage operators, which is due to become effective on 10/01/2004. Also consider adjusting fees and modifying the structure of the septage operator program in ch.
NR 114 and the licensing fee structure in ch.
NR 113.
Policy analysis
The department would like to initiate discussions within the septage industry to determine the viability of this section. Early indications from the Wisconsin Liquid Waste Carriers Association are favorable.
The provision to allow lifetime certification for septage operators was adopted in 1995 with an initial implementation date nine years later. At that time, prevailing department policy was to eliminate certification requirements if one operated in good standing for a period of nine years. The revenue generated from certification would also diminish accordingly. It is now recognized that continuing education is a cornerstone of the industry. Without a requirement for continuing education, a sharp decline in attendance at invaluable training sessions is anticipated. Eliminating any source of revenue must be carefully re-examined in the current fiscal landscape and is viewed as unwise policy. Moreover, consistent oversight and enforcement of the septage program is essential for program viability and further revenue source reduction may impact already inadequate staffing levels for this critical program.
Statutory authority
Staff time required
Approximately 100 hours will be needed by the Department.
Nursing
Subject
Section
N 2.04 (6), Wis. Admin. Code, presently requires that an applicant for licensure as a registered nurse who has graduated from a school of professional nursing outside the United States or its territories must submit with the application a valid certificate issued by the Commission on Graduates of Foreign Nursing Schools (CGFNS). There is not a similar requirement for an applicant for licensure as a licensed practical nurse because CGFNS did not previously have a certification program for practical nurses. There is now a program for practical nurses in place, and it is appropriate to include the certification requirement for practical nurses as well as for professional nurses.
Objective of the rule. To eliminate the inconsistency in the rule relating to the duration of temporary permits.
Policy analysis
Because the licensing examination is now computer assisted, an applicant may schedule the examination at his or her convenience. There is therefore no reason to renew a temporary permit beyond its three month duration except in unusual circumstances.
Statutory authority
Staff time required
50 hours.
