The proposed rules will apply to individuals as specified in the “INITIAL APPLICABILITY" section of the rule.
Summary of, and comparison with, existing or proposed federal regulations
None.
Comparison with rules in adjacent states
Michigan and Iowa have public librarian certification programs that are similar to Wisconsin's. Among the features of their certification programs:
  Certification of the directors of public libraries is required in both states. Michigan also has staffing standards that require selected staff in libraries, in addition to the director, to be certified.
  Both of the certification programs have multiple levels of certification based on the populations of the communities served.
  Both of the certification programs require specified educational attainments and additional library courses based on grade level.
  Both of the certification programs require initial certification and recertification at specified time intervals.
  The certification programs in Michigan and Iowa require that libraries have certified staff as condition of receiving state funds.
Illinois doesn't have a state certification program; each public library system establishes its own rules for membership requirements.
The certification program in Minnesota is voluntary for library employees.
Summary of factual data and analytical methodologies
To equip public library directors with the knowledge and skills needed in the changing environment of public library service.
Analysis and supporting documents used to determine effect on small businesses
N/A.
Anticipated costs incurred by private sector
N/A.
Effect on Small Business
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Initial regulatory flexibility analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a), Stats.
Fiscal Estimate
The proposed rules will update public librarian certification requirements. The rules update some coursework required to receive Grade II or III certification, but do not require additional coursework beyond the 12 semester credits currently required. The rules also allow four years of temporary certification for an individual to complete the courses needed to receive regular certification.
It is assumed the proposed rules will have no fiscal impact on libraries, school districts, the department or small businesses as defined in s. 227.114 (1) (a), Stats.
Agency Contact Person
Michael Cross, Director, Public Library Development, (608) 267-9225, michael.cross@dpi.wi.gov.
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN that pursuant to sections 118.29 (6) and 227.11 (2) (a), Stats., and interpreting section 118.29 (6), Stats., the Department of Public Instruction will hold a public hearing as follows to consider proposed permanent rules creating Chapter PI 46, relating to training requirements for individuals administering nonprescription and prescription drug products to pupils.
Hearing Information
The hearing will be held as follows:
Date and Time:
Location:
January 12, 2011
Wednesday
3:00-4:30pm
GEF 3 Building
Room 041
125 S. Webster Street
Madison, WI 53703
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Douglas White, Director, Student Services/Prevention and Wellness at douglas.white@dpi.wi.gov, (608) 266-5198 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Proposed Rule and Submittal of Written Comments
The administrative rule and fiscal note are available on the internet at http://dpi.wi.gov/pb/rulespg.html. A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to lori.slauson@dpi.wi.gov or by writing to:
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than January 18, 2011, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Public Instruction
Statute(s) interpreted
Sections 118.29 (6), Stats.
Statutory authority
Sections 118.29 (6) and s. 227.11 (2) (a), Stats.
Explanation of statutory authority
Section 118.29 (6), Stats., requires the department to approve training in administering nonprescription drug products and prescription drugs. The administrative rule provides the specifics of the department's medication training requirements.
Section 227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related statute(s) or rule(s)
N/A
Plain language analysis
2009 Wisconsin Act 160 requires the department to approve training in administering nonprescription drug products and prescription drugs to pupils by school personnel or volunteers.
The proposed rules require individuals who administer medications to pupils under s. 118.29, Stats., to have medication skill training annually and medication knowledge training bi-annually. The rules require the skill training to be documented by a school nurse, medical provider or adequately trained parent but do not specify what entity must provide the training. In addition, the rules do not specify what entity must provide the knowledge training only that it must be approved by the department.
Emergency rules may be promulgated prior to March 1, 2001, the effective date of the Act's provisions.
Summary of, and comparison with, existing or proposed federal regulations
N/A
Comparison with rules in adjacent states
Illinois, Iowa, Michigan, Minnesota do not have rules relating to medication administration training requirements.
Summary of factual data and analytical methodologies
To determine the training requirements related to medication administration, the Department first reviewed examples of such training from other states and school districts. The Department's drafts of training requirements were then reviewed by experts in the field including the Wisconsin Association of School Nurses, Wisconsin Department of Health Services public health nursing program, pharmacists and medical doctors. Suggestions from these groups helped to shape the final proposed training requirements. Guidelines for medication training follow similar frequency in other areas of healthcare such as use cardiopulmonary resuscitation and automated defibrillation by unlicensed assistive personnel.
Analysis and supporting documents used to determine effect on small businesses
N/A
Anticipated costs incurred by private sector
N/A
Effect on Small Business
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Initial regulatory flexibility analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a), Stats.
Fiscal Estimate
The proposed rules require individuals who administer medications to pupils under s. 118.29, Stats., to have medication skill training annually and medication knowledge training bi-annually. The rules require the skill training to be documented by a school nurse, medical provider or adequately trained parent. The rules do not specify what entity must provide the knowledge training only that it must be approved by the department.
Local fiscal effect
The knowledge portion of the training may be obtained by using department resources (webcast and SchoolMeds On-Line Medication Training Program) free of charge. However, a school district may provide or contract for such training if approved by the department. It is assumed that most school districts will use the resources provided by the department. Therefore, any costs associated with providing the knowledge portion of the training by the school district will be voluntary and is indeterminate.
The skill portion of the training will have to be provided by a school nurse, medical provider or adequately trained parent. For school districts that have hired or contracted school nursing services, the skill verification for medication administration would likely be the continued responsibility of the nurse at no additional cost. Eighty percent of school districts employ a school nurse. Of the remaining 20 percent, some school districts contract for nursing services and some school districts may have an adequately trained parent willing to verify the skill portion of training.
For school districts that do not have a school nurse or parent, the cost of contracting with a nursing service is $30 per hour. The time necessary for the nurse to verify the skill would take approximately 10 minutes for each route of medication. The rate of children with special health care needs in Wisconsin statewide is 13.9 percent. However, it is unknown how many different routes of medication may need to be administered to these students. It is also unknown how many of these students attend a school district that does not employ a school nurse. Therefore, costs associated with providing training needed to verify skill medication administration are indeterminate.
State fiscal effect
DPI provides the knowledge training as described above. If this training is not used by school districts, DPI must approve the training used. Costs associated with providing and reviewing training will be absorbed by the department.
Private schools fiscal effect
As with public school districts, the costs to private schools are indeterminate. However, the costs are not expected to have a significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Agency Contact Person
Douglas White, Director, Student Services/Prevention and Wellness, (608) 266-5198, douglas.white@dpi.wi.gov.
Notice of Hearing
Public Service Commission
(PSC # 1-AC-235)
NOTICE IS HEREBY GIVEN that the Public Service Commission of Wisconsin proposes an order to renumber section PSC 168.06 (5); renumber and amend section PSC 168.13 (2) (a); amend section PSC 168.09 (2); and create section PSC 168.06 (5) (b) and 168.13 (2) (b) and (c). The proposed amendments would, respectively, establish certain criteria for the recertification of resellers; include section 196.859, Stats., in the list of assessment statutes that apply to large resellers; and clarify the procedure for involuntary revocation of a reseller certificate.
NOTICE IS GIVEN that pursuant to section 227.16 (2) (b), Stats., the commission will hold a public hearing on these proposed rule changes at the time and location below:
Hearing Information
Date and Time:
Location:
January 11, 2011
Tuesday
10:00am
Public Service Commission
Amnicon Falls Hearing Room
610 Whitney Way
Madison, WI 53705
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