Scope statements
Agriculture, Trade and Consumer Protection
Subject
Pesticide Product Restrictions.
Objective of the rule. Modify the rule to create restrictions on the use of pesticides applied as fumigants that contain Metam-sodium as an active ingredient
Policy analysis
DATCP regulates distribution and use pesticides under s.
94.67-
94.715, Stats. Pesticides are substances or mixtures of substances labeled or intended for use in preventing, destroying, repelling or mitigating any pest, or as a plant regulator, defoliant or desiccant. Metam-sodium is a pesticide applied as fumigant.
Metam-sodium is a toxic and corrosive pesticide that is registered for use as a fumigant by the US Environmental Protection Agency. The EPA approved label for this registration specifies use directions and precautions to be followed by persons applying the pesticide. The compound is used in Wisconsin to treat fields on which potatoes will be grown. ATCP 30 was modified in 1998 to include restrictions and conditions on the use of metam-sodium. The department has recently received input from the public that some of the current use restrictions and conditions should be modified to further reduce the potential for adverse health effects to humans that could result following use of the fumigant.
The registration for metam-sodium is currently under review by EPA, but no timeline for this process has been established. No other restrictions, outside of the registered label, are in place or are being proposed by EPA.
DATCP proposes to consider revisions to the current rule including:
•
Additional mandatory setbacks between treatment sites and day care centers and other areas to reduce the potential for human exposure.
•
Modification of use and post-treatment practices.
•
Clarification of weather and site related limitations on use.
•
Clarification of posting and other pre-application notification requirements.
•
Specification of application monitoring, response and reporting requirements.
•
Specification of reporting requirements.
•
Other appropriate requirements based on evaluation of stakeholder input.
Policy alternatives
No change. Use of the fumigant in Wisconsin is expected to continue. It appears that current label restrictions can be improved to reduce the potential for human exposure.
Statutory authority
DATCP proposes to revise chapter ATCP 30, Wis. Adm. Code, under authority of ss.
93.07 and
94.69, Stats.
Staff time required
DATCP estimates that it will use approximately 0.2 FTE staff to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Health and Family Services
Subject
Objective of the rule. The Department of Health and Family Services proposes to create ch.
HFS 19, relating to rules that disclose in advance the discretion that the agency will use in the enforcement of rules and guidelines against a small business.
Policy analysis
2003 Wisconsin Act 145, created effective July 1, 2004, s.
895.59, Stats., which requires each state agency to promulgate a rule that requires the agency to disclose the discretion that the agency will use in the enforcement of rules and guidelines against small businesses.
The rules created under s.
895.59, Stats., are required to include a reduction or waiver of penalties for voluntary disclosure by a small business of actual or potential violations of rules or guidelines. Section
895.59, Stats., further requires that the rule specify when the use of discretion in the enforcement of a rule or guideline against a small business will not be allowed. Section
895.59 (2), Stats., includes a list of circumstances under which discretion is not allowed. These circumstances must also be included in the rule. The rules may include consideration of a violator's ability to pay when determining the amount of any monetary penalty, assessment, or surcharge.
“Small business" as defined under s.
895.59 (1) (b), Stats., means a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs 25 or fewer employees or which has gross annual sales of less than $5,000,000. Entities that are covered under ss.
48.685 and
50.065, Stats., also known as the Caregiver Law are not considered small businesses for the purposes of s.
895.59, Stats., or any rule created under that section.
The Department proposes to create a rule consistent with the requirements of s.
895.59, Stats.
Statutory authority
Staff time required
The Department estimates it will take approximately 160 staff hours to promulgate the proposed rules.
Entities affected by the rules
Entities that may be affected by the proposed rules include the following: Emergency Medical and Ambulance Service Providers; Asbestos & Lead Abatement Providers, Consultants, and Trainers; Hotels and Motels; Bed and Breakfasts; Tourist Rooming Houses; Recreational and Educational Campgrounds; Restaurants (including mobile restaurants); Tattoo and Body Piercing Establishments; and Tanning Bed Facilities; and Medical Assistance providers.
Comparison to federal regulations
There appear to be no proposed or existing federal regulations that are intended to address the activities to be regulated by the proposed rule.
Hearing and Speech Examining Board
Subject
Various changes relating to the regulation of hearing instrument specialists, speech-language pathologists and audiologists.
Explanation of the agency's statutory authority to promulgate the rules
The agency has the authority to promulgate the rules under authority granted by
2003 Wisconsin Act 270 and by existing statutory authority.
The board will write rules to exempt new licensees from having to report continuing education hours at the time of the first renewal date following initial licensure. (Refer to ss.
459.09 (1) (b),
459.12 (1),
459.24 (5) (b) and
(5m), Stats.)
The board will write rules to add a hardship provision and designate a period of validity for the temporary license coterminous with a failure to take the next available examination under s.
459.24 (6) (c), Stats.
The board will write rules to allow an equivalency decision for the postgraduate clinical fellowship in speech-language pathology on the basis of education or training received. (Refer to s.
227.11, Stats.)
The board will now allow supervision under a training permit by audiologists. (Refer to s.
459.12 (1), Stats.)
The board will write rules to define unprofessional conduct for audiologists and speech-language pathologists. (Refer to ss.
227.11 and
459.12 (1), Stats.)
Policy analysis
Changes are being proposed to implement
2003 Wisconsin Act 270. Exempting new licensees from the initial renewal period is an attempt to allow time for compliance with the continuing education requirements.
Designating a period of validity for the temporary license adds a hardship provision to accommodate certain delays in taking the examination that are beyond the control of the applicant and gives the board the ability to terminate the temporary license upon failure of an applicant to take the next available examination, thereby encouraging examination at the earliest possible date.
Allowing an equivalency decision for the postgraduate clinical fellowship in speech-language pathology on the basis of education or training adds flexibility for the board in reviewing an applicant's overall education and training for fitness to be licensed.
Allowing supervision under a temporary license by audiologists increasing training opportunities for those working under a permit and allows audiologists to supervise the training.
Rules defining unprofessional conduct for audiologists and speech-language pathologists will provide clear guidance to license holders as to what constitutes unprofessional conduct and extend additional options to the board in its efforts to protect public health and safety through enforcement action.
