(8) For guardian of estate, the guardian representative shall have personal contact every 3 months and more often as needed to meet the needs of the ward. The guardian representative shall take necessary action to see that the ward receives needed services, and to assure that the ward is well treated, properly cared for, and is provided with the opportunity to exercise legal rights. The guardian representative shall have face-to-face contact with the ward at least annually.
DHS 85.15 Records. (1) The corporate guardian shall maintain a separate file for each ward including all of the following information and documents as applicable:
(a) Name, date of birth, address, telephone number, and social security number. Guardians of person shall also maintain information regarding the ward's medical coverage, physician, diagnoses, medications, and allergies to medications.
(b) A current photograph of the ward.
(c) All relevant legal documents involving the ward.
(d) Advance directives.
(e) A list of key contacts.
(f) A list of service providers, contact information, a description of services provided to the ward and progress reports as applicable.
(g) Documentation of all ward and collateral contacts, including the date, time, and activity.
(h) Progress notes that are as detailed as necessary to reflect contacts made and work done regarding the ward.
(i) A guardianship inventory, accounts and annual reports as required by statute, including all supporting financial statements, records and financial reports.
(j) Assessments regarding the ward's past and present medical, psychological, and social functioning, including relevant family medical information.
(k) Documentation of the ward's known values, preferences, and wishes regarding medical and other care and services including all advanced directives made prior to guardianship, and financial matters and other services.
(L) A personal and social history of the ward including a family history.
(2) If guardianship is transferred, the corporate guardian shall transfer the original record required in this section to the successor guardian.
Subchapter V — Withdrawal of Approval
DHS 85.16 Actions affecting approval. (1) If at any time the department determines that a corporate guardian no longer meets the criteria under this chapter, the department may withdraw its approval upon 30 day written notice to all of the following:
(a) Corporate guardian.
(b) All courts that assigned the corporate guardian's guardianships.
(c) The ward.
(d) The ward's family.
(e) Any other interested parties.
(f) The county agency designated under s.
55.02, Stats.
(2) The corporate guardian shall comply with the provisions in s.
DHS 85.08 (2) regarding a corporate guardian closing.
DHS 85.17 Appeal of decisions. Any party adversely affected by a decision of the department about the suitability of a private non-profit corporation or an unincorporated association for corporate guardianship may appeal that decision to the department of administration's division of hearings and appeals under ss.
227.42 and
227.44 to
227.50, Stats. The request for a hearing shall be filed with the department of administration's division of hearings and appeals within 10 working days after receipt of the notice of denial. The request for hearing is considered filed when the request is received by that division.
Note: To appeal a decision by the department, send a request for a hearing to Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707.
Notice of Hearings
Health Services
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
254.34 (1) (a),
254.365 (4) and
254.37 (3), Stats., the Department of Health Services will hold public hearings to consider the proposed creation, repeal, renumbering and amendment of portions of Chapter
DHS 157, Radiation Protection, relating to the regulation of radiation producing devices and radioactive materials, and affecting small businesses.
Hearing Information
Date and Time
|
Location
|
October 13, 2009
Tuesday
10:00 to 11:30 AM
|
Medical College of Wisconsin
8701 Watertown Plank Rd.
Room H1250
Milwaukee, WI
|
October 14, 2009
Wednesday
10:00 to 11:30 AM
|
Department of Health Services
1 W. Wilson Street
Room B139
Madison, WI
|
Accessibility
English
DHS is an equal opportunity employer and service provider. If you need accommodations because of a disability or need an interpreter or translator, or if you need this material in another language or in an alternate format, you may request assistance to participate by contacting Paul Schmidt at 608 267-4792 or
paul.schmidt@dhs.wisconsin.gov. You must make your request at least 7 days before the activity.
Spanish
DHS es una agencia que ofrece igualdad en las oportunidades de empleo y servicios. Si necesita algún tipo de acomodaciones debido a incapacidad o si necesita un interprete, traductor o esta información en su propio idioma o en un formato alterno, usted puede pedir asistencia para participar en los programas comunicándose con Paul Schmidt al número 608 267-4792 or paul.schmidt@dhs. wisconsin.gov. Debe someter su petición por lo menos 7 días de antes de la actividad.
Hmong
DHS yog ib tus tswv hauj lwm thiab yog ib qhov chaw pab cuam uas muab vaj huam sib luag rau sawv daws. Yog koj xav tau kev pab vim muaj mob xiam oob qhab los yog xav tau ib tus neeg pab txhais lus los yog txhais ntaub ntawv, los yog koj xav tau cov ntaub ntawv no ua lwm hom lus los yog lwm hom ntawv, koj yuav tau thov kev pab uas yog hu rau Paul Schmidt ntawm 608 267-4792 or
paul.schmidt@dhs.wisconsin.gov. Koj yuav tsum thov qhov kev pab yam tsawg kawg 7 hnub ua ntej qhov hauj lwm ntawd.
Agency Contact Person
Paul Schmidt, Chief
Radiation Protection Section
P.O. Box 2659
Madison, WI 53701-2659
608-267-4792
Submission of Written Comments
Comments may be submitted to the agency contact person that is listed above. The deadline for submitting comments is October 21, 2009.
Analysis Prepared by the Department of Health Services
Statutes interpreted
Statutory authority
Explanation of agency authority
As specified under s.
254.34 (1), Stats., the Department is the state radiation control agency and is required under ss.
254.34 (1) (a),
254.365 (4), and
254.37 (3), Stats., to promulgate rules pertaining to the use of radiation in Wisconsin. Specifically, the Department is required to promulgate and enforce rules pertaining to sources of ionizing radiation and for registration and licensing sources of ionizing radiation, and enforcement as may be necessary to prohibit and prevent unnecessary radiation exposure. The Department's rules for by-product material, source material, and special nuclear material are required to be in accordance with
42 USC 2021 (o) and be otherwise compatible with the requirements under
42 USC 2011 to
2114 and regulations adopted under
42 USC 2011 to
2114.
Related statute or rule
Chapter
NR 809 incorporates the radioactivity standards for community water systems and the analytical methods established in ss.
DHS 157.95 and
157.96. The Department of Natural Resources applies these standards to community drinking water systems.
Chapter
DHS 163 establishes requirements for identification, removal and reduction of lead-based paint hazards. Lead in paint analysis requires use of a portable device containing radioactive material which is required to be licensed under ch.
DHS 157. Section
DHS 157.05 (4) requires that any person providing training for certified lead inspectors or risk assessors to meet the training requirements of s.
DHS 163.24 (a) 1. and 3. and to complete an additional 8 hours of radiation safety training.
Plain language analysis
Under s.
254.34 (1) (a) Stats., the Department is responsible for developing and enforcing rules, including registration and licensing of sources of ionizing radiation, to prohibit and prevent unnecessary radiation exposure. The Department is also responsible for maintaining compliance with the Agreement signed by Governor Doyle in 2003 and the Nuclear Regulatory Commission (NRC) that transferred regulatory authority over certain radioactive materials from the NRC to the state. Under the Agreement, the Department is responsible for licensing and inspecting radioactive materials commonly used in medicine, industry, research and education. NRC staff periodically evaluate the state regulatory program.
One of the requirements of this Agreement is Wisconsin's assurance that it will revise the radioactive material portions of ch.
DHS 157 within 3 years of any applicable changes in Title10 Code of Federal Regulations. Title 10 CFR has been revised since ch.
DHS 157 was last revised in 2006. Therefore, the Department proposes to modify the radioactive material requirements in ch.
DHS 157.
In addition, the Department proposes to revise the portions of ch.
DHS 157 pertaining to x-rays to reflect new diagnostic and therapeutic technologies, experience with implementing the current rule, changes in comparable federal regulations in
21 CFR Part 1020, and input provided to the Department by an advisory group that included representatives of academic and medical facilities, radioactive materials users, x-ray users and large and small businesses.
The proposed revisions to ch.
DHS 157 accomplish the following:
•
Update the radiation protection and regulatory requirements for radioactive materials to reflect changes in federal regulations in Title 10, Code of Federal Regulations Parts 19, 20, 31, 33-36, 39, 40, 70, 71 and 150 and applicable portions of Title 49 (transportation), Code of Federal Regulations.
•
Incorporate new security requirements for certain radioactive materials, initially implemented nationally under order of the Nuclear Regulatory Commission.
•
Update the radiation safety requirements for x-ray producing devices to reflect new diagnostic and therapeutic technologies, current federal regulation and the input of an ad hoc advisory group representing a cross-section of regulated users.
•
Revise operator qualifications for fluoroscopy machines.
•
Incorporate minor corrections to rule language based on the Department's experience administering the current rule.
•
Incorporate minor revisions to operator qualification, shielding and quality testing requirements.
Comparison with federal regulations
Wisconsin's Agreement with the Nuclear Regulatory Commission requires the Department to incorporate relevant changes to federal radioactive material regulations into its radiation protection rules within 3 years of the effective date of the federal regulations. The proposed changes to ch.
DHS 157 ensure continued compatibility with new federal radioactive material regulations in 10 CFR Pts. 19, 20, 31, 33-36, 39, 40, 70, 71 and 150 and applicable parts of Title 49 CFR relating to transportation as required by s.
254.34 (1), Stats.
Comparison with rules in adjacent states
Illinois
Illinois is an Agreement state with the Nuclear Regulatory Commission. As a result, Illinois law contains radiation protection and regulatory requirements very similar to those in ch.
DHS 157 and compatible with equivalent federal regulations in Titles 10 and 49, Code of Federal Regulations.
Iowa
Iowa is an Agreement state with the Nuclear Regulatory Commission. As a result, Iowa law contains radiation protection and regulatory requirements very similar to those in ch.
DHS 157 and compatible with equivalent federal regulations in Titles 10 and 49, Code of Federal Regulations.
Michigan
Michigan is not an Agreement state with the Nuclear Regulatory Commission. However, Michigan has formally declared its intent to become an agreement state with the Nuclear Regulatory Commission. As a result, Michigan law does not contain regulations equivalent to most of ch.
DHS 157. The Nuclear Regulatory Commission is currently responsible for regulating the majority of radioactive material use in Michigan under Titles 10 and 49, Code of Federal Regulations.
Minnesota
Minnesota is an Agreement state with the Nuclear Regulatory Commission. Minnesota adopted new radiation protection regulations for radioactive materials effective January 1, 2005. As a result, Minnesota law contains radiation protection and regulatory requirements very similar to those in ch.
DHS 157 and compatible with equivalent federal regulations in Titles 10 and 49, Code of Federal Regulations.
Summary of factual data and analytical methodologies
The methods specified in s.
227.114,
(2), Stats., for reducing a rule's impact on small business have not been incorporated in the proposed rules because incorporating any methods may be contrary to the explicit state statutory requirements for radiation control, federal regulatory and statutory requirements for radiation control, Agreement state requirements, and the state's public policy on radiation control stated in s.
254.33, Stats. Because of the Department's limited use of discretion in developing the content of the proposed rules, the Department has limited its analysis of the proposed rules affect on the small businesses regulated by ch.
DHS 157 to the affect that the proposed revisions in x-ray regulatory requirements will have on those businesses.
The Department referred to all of the following to draft the proposed rules and the small business fiscal impact analysis:
1. The input of an ad hoc rules advisory group that included representatives of academic and medical facilities, radioactive materials users, x-ray users and large and small businesses.
2. An Agreement state rule template called the “Suggested State Regulations for the Control of Radiation" (SSRCR) developed by the Conference of Radiation Control Program Directors, Inc. (CRCPD). The CRCPD is a national organization of primarily state radiation control staff that supports and represents state radiation control programs. The SSRCR is developed with the involvement of federal radiation agencies, such as the Nuclear Regulatory Commission, the Food and Drug Administration and the Environmental Protection Agency. The SSRCR is also continually updated and used by most of the 35 existing Agreement states to help meet federal requirements.
3. Requirements of Titles 10, 21, and 49 of the Code of Federal Regulations; 42 USC; ss.
254.31 to
254.45, Stats., and the Agreement between Wisconsin and the Nuclear Regulatory Commission.
4. The 2002 Economic Census – Wisconsin Geographic Series, which is compiled by the U.S. census bureau every 5 years for each year ending in “2" and “7". The U.S. census bureau is currently compiling the 2007 census information. This information will not become fully available until 2010. The information provided by the Economic Census includes the North American Industry Classification Codes, information on industries, business revenues, sizes, and employment. The Department used this information to approximate business size and any possible percentage increase in business costs due to the proposed revisions in x-ray regulatory requirements.
5. Criteria adopted by the Department and approved by the Wisconsin Small Business Regulatory Review Board to determine whether the Department's proposed rules have a significant economic impact on a substantial number of small businesses. Pursuant to the Department's criteria, a proposed rule will have a significant economic impact on a substantial number of small businesses if at least 10% of the businesses affected by the proposed rules are small businesses and if operating expenditures, including annualized capital expenditures, increase by more than the prior year's consumer price index (CPI) or reduce revenues by more than the prior year's CPI. For the purposes of this rulemaking, we used 2008 as the index year; the 2008 CPI is estimated to be 3.8%. The consumer price index is compiled by the U.S. Department of Labor, Bureau of Labor Statistics and measures, among other things, the rate of inflation.
6. Section
227.114 (1) (a), Stats., which defines “small business" as a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employees 25 or fewer full-time employees or which has gross annual sales of less than $5,000,000.
Analysis and supporting documents used to determine effect on small business
