Rule-Making Notices (Hearing Notices)

The proposed rules are not expected to impose significant costs or other impacts on small businesses because the 2009 edition of NFPA 1, as modified in chapter Comm 14, is not expected to impose costs that substantially exceed the costs imposed by the currently adopted 2006 edition; the record-keeping requirements for fires and fire-prevention inspections apply only to fire departments and municipalities; and the record-keeping requirement for low-use mobile kitchens applies only where an exemption is desired from installing an exhaust hood and corresponding automatic fire suppression system.

Initial regulatory flexibility analysis

Types of small businesses that will be affected by the rules.

Owners and operators of public buildings and places of employment, or other premises if dangerous fire hazards exist; and owners and operators of small, low-use mobile kitchens who choose to not equip the kitchen with an exhaust hood and corresponding automatic fire suppression system.

Reporting, bookkeeping and other procedures required for compliance with the rules.

A record must be maintained that shows the mobile kitchen is used on fewer than 12 days in a calendar year, for the purpose of cooking.

Types of professional skills necessary for compliance with the rules.

No new professional skills would be needed for compliance with these rules.

Rules have a significant economic impact on small businesses?

No.

Small business regulatory coordinator

Any inquiries for the small business regulatory coordinator for the Department of Commerce can be directed to Sam Rockweiler via email: [e-mail]. If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.

Environmental Analysis

The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Fiscal Estimate

Assumptions used in arriving at fiscal estimate

The proposed rules will not impose any significant costs on local governments, because the requirements are not expected to significantly change their current workloads or needed resources for reporting fires, performing fire prevention inspections and maintaining records.

The proposed rules are not expected to impose significant costs or other impacts on small businesses because (1) the 2009 edition of NFPA 1, as modified in chapter Comm 14, is not expected to impose costs that substantially exceed the costs imposed by the currently adopted 2006 edition; (2) the record-keeping requirements for fires and fire-prevention inspections apply only to fire departments and municipalities; and (3) the record-keeping requirement for low-use mobile kitchens applies only where an exemption is desired from installing an exhaust hood and corresponding automatic fire suppression system.

State fiscal effect

None.

Local government costs

None.

Long-range fiscal implications

None known.

Agency Contact Person

Joe Hertel, Wisconsin Department of Commerce, Bureau of Program Development, P.O. Box 2689, Madison, WI, 53701-2689; telephone [phone]; e-mail [e-mail].

Notice of Hearing

Health Services

Health, Chs. DHS 110—

rulemaking_notices CR 09-089 CR 09-089

NOTICE IS HEREBY GIVEN that pursuant to ss. 50.36 (1), 50.377 (2), and 227.11 (2) (a), Stats., the Department of Health Services will hold a public hearing to consider changes to Chapter DHS 124, relating to forfeitures, anatomical gifts, and automated external defibrillator (AED) training for hospitals.

Hearing Information

Date and Time	Location
December 14, 2009 9:30 AM to 11:30 AM	Wilson St. State Office Bldg. 1 West Wilson Street Room B 272 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 Pat Benesh at [phone]. You must make your request at least 7 days before the activity.

Spanish

DHFS 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 Pat Benesh al número [phone]. Debe someter su petición por lo menos 7 días de antes de la actividad.

Hmong

DHFS 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 Pat Benesh ntawm [phone]. Koj yuav tsum thov qhov kev pab yam tsawg kawg 7 hnub ua ntej qhov hauj lwm ntawd.

Copies of the Proposed Rule

A copy of the rules may be obtained from the department by downloading the rules from www.adminrules.wisconsin. gov or by contacting:

Pat Benesh, Quality Assurance Program Spec-Senior

Division of Quality Assurance

1 West Wilson St., Room 1150

Madison, WI 53701

Phone: [phone]

Fax: [phone]

[e-mail]

Submission of Written Comments

Comments may be submitted to Pat Benesh, as shown above or to the Wisconsin Administrative Rules Website at http://adminrules.wisconsin.gov until December 15, 2009, 4:30 p.m.

Analysis Prepared by the Department of Health Services

Statutes interpreted

Sections 50.36 (5), 50.375, 50.377 (1), (3), and (4), and 157.06, Stats.

Statutory authority

Sections 50.36 (1), 50.377 (2), and 227.11 (2) (a), Stats.

Explanation of agency authority

Section 50.36 (1), Stats., requires the department to promulgate rules for the construction, maintenance and operation of hospitals deemed necessary to provide safe and adequate care and treatment of patients and to protect the health and safety of patients in a hospital. Section 50.377 (2), Stats., permits the department to directly assess forfeitures for violations of s. 50.375 (2) and (3), Stats., relating to emergency contraception for sexual assault victims. Section 227.11 (2) (a), Stats., provides state agencies with general rulemaking authority to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.

Related statute or rule

See the “Statutes interpreted" and “Statutory authority" sections.

Plain language analysis

Section 157.06, Stats., specifies provisions relating to anatomical gifts. Under this proposed order, the department replaces the existing requirements under s. DHS 124.05 (3) (i), with a requirement for hospitals to comply with relevant provisions relating to anatomical gifts under s. 157.06, Stats. The proposed rule removes the more prescriptive requirements on the subject.

Section 50.36 (5), Stats., requires that before providing emergency services in a hospital, medical and nursing personnel have proficiency in the use of an automated external defibrillator (AED) achieved through instruction provided by an individual, organization or institution that is approved by the department. Under this proposed order, the department creates s. DHS 124.05 (3) (j), to require hospitals to ensure compliance with s. 50.036 (5), Stats., for use of automated external defibrillators by medical and nursing personnel.

Section 50.375, Stats., requires a hospital that provides emergency services to provide emergency contraception services to a female victim of sexual assault.

Section 50.377, Stats., provides that “[w]hoever violates a requirement under s. 50.375 (2) or (3), Stats., may be required to forfeit not less than $2,500 nor more than $5,000 for each violation." There are 3 separate requirements under s. 50.375 (2), Stats., and one requirement under s. 50.375 (3), Stats. The department, under s. 50.377, (2), Stats., may directly assess the forfeitures for violations of these requirements. Under this proposed order, the department establishes forfeiture dollar amounts for violations of s. 50.375 (2) and (3), Stats., and the statutory requirements for notice of assessment and appeal rights relating to a forfeiture assessment.

A hospital that violates all 4 requirements would be subject to a total forfeiture of $10,000 for the first violation of those requirements, and a total forfeiture of $20,000 for a subsequent violation of the same requirements.

Comparison with federal regulations

Emergency contraception: There appear to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.

Anatomical gifts: 42 CFR 482.45, Condition of Participation and 42 CFR 121, Organ Procurement and Transplantation Network, include requirements for hospitals relating to organ, tissue and eye procurement.

Automated external defibrillators: There appear to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.

Comparison with rules in adjacent states

Illinois:

Emergency contraception: Illinois administrative code requires hospitals to provide medical and factually accurate written and oral information about emergency contraception and how and when victims may be provided emergency contraception. Hospitals that are found out of compliance with the code have 14 working days to submit a plan of correction to the state agency. If the hospital fails to submit an acceptable plan of correction or fails to implement the plan of correction within the time frames, the hospital is subject to the imposition of a fine of up to $100 per day until the hospital complies with the requirement of the code. Administrative Code Section: 77 Ill. Adm. Code 545.95 and 545.67. The proposed rule establishes forfeiture amounts as permitted under s. 50.389, Stats., for violations of s. 50.375 (2) or (3), Stats., relating to emergency contraception for sexual assault victims.

Anatomical gifts: Illinois administrative code requires hospitals to have an agreement with its federally designated organ procurement agency providing for notification when potential organ donors become available and to provide access to the medical records of deceased patients. Administrative Code Section: 77 Ill. Adm. Code 250.280. The proposed rule requires hospitals to comply with relevant provisions under s.157.06, Stats., relating to anatomical gifts. The proposed rule removes the more prescriptive requirements on the subject.

Automated external defibrillators: Illinois administrative code requires users of AEDs to be trained. Administrative Code Section: 77 Ill. Adm. Code 525.400. The proposed rule requires hospitals to ensure compliance with s. 50.036 (5), Stats., for use of automated external defibrillators by medical and nursing personnel.

Iowa:

Emergency contraception: Iowa has no administrative code regarding emergency contraception in hospitals. The proposed rule establishes forfeiture amounts as permitted under s. 50.389, Stats., for violations of s. 50.375 (2) or (3), Stats., relating to emergency contraception for sexual assault victims.

Anatomical gifts: Iowa has no administrative code regarding anatomical gifts in hospitals. The proposed rule requires hospitals to comply with relevant provisions under s.157.06, Stats., relating to anatomical gifts. The proposed rule removes the more prescriptive requirements on the subject.

Automated external defibrillators: Iowa has no administrative code regarding the use of automated external defibrillators in hospitals. The proposed rule requires hospitals to ensure compliance with s. 50.036 (5), Stats., for use of automated external defibrillators by medical and nursing personnel.

Michigan:

Emergency contraception: Michigan has no administrative code regarding emergency contraception in hospitals. The proposed rule establishes forfeiture amounts as permitted under s. 50.389, Stats., for violations of s. 50.375 (2) or (3), Stats., relating to emergency contraception for sexual assault victims.

Anatomical gifts: Michigan has no administrative code regarding anatomical gifts in hospitals. The proposed rule requires hospitals to comply with relevant provisions under s.157.06, Stats., relating to anatomical gifts. The proposed rule removes the more prescriptive requirements on the subject.

Automated external defibrillators: Michigan has no administrative code regarding the use automated external defibrillators in hospitals. The proposed rule requires hospitals to ensure compliance with s. 50.036 (5), Stats., for use of automated external defibrillators by medical and nursing personnel.

Minnesota:

Emergency contraception: Minnesota has no administrative code regarding emergency contraception. The proposed rule establishes forfeiture amounts as permitted under s. 50.389, Stats., for violations of s. 50.375 (2) or (3), Stats., relating to emergency contraception for sexual assault victims.

Anatomical gifts: Minnesota has no administrative code regarding anatomical gifts in hospitals. The proposed rule requires hospitals to comply with relevant provisions under s.157.06, Stats., relating to anatomical gifts. The proposed rule removes the more prescriptive requirements on the subject.

Automated external defibrillators: Minnesota has no administrative code regarding the use automated external defibrillators in hospitals. The proposed rule requires hospitals to ensure compliance with s. 50.036 (5), Stats., for use of automated external defibrillators by medical and nursing personnel.

Summary of factual data and analytical methodologies

The Department relied on all of the following sources to draft the proposed rule to determine the impact on small businesses.

•   The Department solicited comments from representatives of the Wisconsin Hospital and Health Association, Wisconsin Public Psychiatric Hospital, Rural Wisconsin Health Cooperative and Planned Parenthood of Wisconsin. Representatives from these organizations reviewed the initial draft of the rule.