Section 227.11 (2) (a), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule.
80 hours.
List with description of all entities that may be affected by the proposed rule.
Applicants for programs subject to the requirement, agencies administering programs subject to the requirement, testing laboratories, and entities providing assessment or treatment services to individuals who test positive.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule.
Section 42 U.S.C. 290ee–3 assures the confidentiality of “Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any drug abuse prevention function conducted, regulated, or directly or indirectly assisted by any department or agency of the United States” and allows disclosure only “for the purposes and under the circumstances expressly authorized under” the federal statute. The U.S. Department of Health & Human Services has promulgated rules (42 CFR, Chapter 1, Subchapter A, Part 2) governing restrictions on the use of records, security for written records, disposition of records, patient consent, disclosures without patient consent, and disclosures pursuant to court order. The proposed rule must assure employment programs comply with federal requirements for using, securing, and disposing of records covered by the federal statute and regulation.
Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small business):
Minimal impact; no impact on small business.
Contact Person:
Name: Kris Randal
Title: Administrator, Division of Family and Economic Security
Organization: Department of Children and Families
Phone: (608) 422-6187
