STATEMENT OF SCOPE
WISCONSIN DEPARTMENT OF HEALTH SERVICES
CHAPTERS/ DHS 2 Recoupment of Benefit Overpayments
RELATING TO: DHS 5 Personnel Administration in Local Human Services Agencies
DHS 12 Caregiver Background Checks
DHS 13 Reporting and Investigation of Caregiver Misconduct
DHS 36 Comprehensive Community Services for Persons with Mental Disorders and Substance-Abuse Disorders
DHS 65 Supportive Services for Families with Disabled Children
DHS 92 Confidentiality of Treatment Records
DHS 97 Complaint Procedures for Inmates of the Wisconsin Resource Center
DHS 98 Field Supervision of Clients
DHS 114 Neonatal Intensive Care Unit Training Grants
DHS 125 Do-Not-Resuscitate Orders Directed at Emergency Health Care Personnel
DHS 134 Facilities Serving People with Developmental Disabilities
DHS 143 Hearing Impaired Children
DHS 157 Radiation Protection
DHS 190 Institution Sanitation
DHS 199 Tobacco Control Activities
RULE TYPE: Permanent
SCOPE TYPE: Original
SUMMARY
Introduction
This Statement of Scope seeks authorization to repeal or amend rules that the Department identified as being in need of revision throughout the review process required under s. 227.29, Stats., and to make other corrections based upon information provided to the Department by the Legislative Reference Bureau. Description of rule objective/s
The Department proposes the following:
1. Ch. DHS 2: Repeal the rule chapter because it applies to programs that were transferred to the Wisconsin Department of Children and Families in 2008. 2. Ch. DHS 5: Repeal the rule chapter because it describes processes that the Wisconsin Department of Children and Families is authorized to regulate and which are no longer practiced by the Department.
3. DHS 12.03 (22): Amend provisions referencing the term “treatment foster home” because the term no longer appears in the statutes.
4. DHS 13.03 (16): Correct the citation to the definition of a “nurse aide.”
5. DHS 36.03 (10m) & (11m): Remove the term “infirmities of aging” within section DHS 36.03 (10m) and (11m). The term no longer appears in the statute. 6. Ch. DHS 65: Repeal the rule chapter because the statute authorizing the rule has been repealed.
7. DHS 92.04 (11) (a): To repeal the portion of s. DHS 92.04 (11) (a) stating treatment records may be made accessible to a patient’s counsel for the interest of the public only as authorized under s. 51.30 (4) (b) 14., Stats. 2001 Wisconsin Act 16 repealed s. 51.30 (4) (b) 14., Stats. 8. DHS 97.03 (1) (b) & DHS 97.04 (2) (b): To replace the term “DMHSAS” with “DCTS,” reflecting the change in the name of the “division of mental health and substance abuse services” to the “division of care and treatment services.”
9. DHS 98.12 (2): To repeal s. DHS 98.12 (2), which requires a violation report shall be prepared for a client who absconds, in accordance with s. DOC 331.03 (4). Chapter DOC 331 has been repealed.
10. Ch. DHS 114: Repeal chapter DHS 114 because the training grant program is no longer funded by statute. 11. DHS 125.02, 125.03 (5m), (6) & (7), DHS 125.05 (1), (3)(a)1., (c), (5) (a), and (6): Amend provisions to ensure conformity with the updated statutory definitions and terminology for certain types of emergency medical service personnel in authorizing statute, ch. 154, Wis. Stats, as amended by 2017 Wis. Act.12. 12. DHS 134.82 (3) (f): Amend s. DHS 134. 82 (3) (f) to remove the reference to s. 101.123 (4), Stats., because the statute was repealed.
13. Ch. DHS 143: Repeal chapter DHS 143 because eligibility criteria and requirements related to children with hearing loss in need of amplification services are now specified by federal law. 14. DHS 157.96 (8): To amend s. DHS 157.96 (8) to replace the citation to the repealed s. NR 809.81, with s. NR 809.833.
