13. Ch. DHS 143: The rule chapter was intended to specify eligibility criteria and requirements related to children with hearing loss in need of amplification services. 14. DHS 157.96 (8): Section DHS 157.96 (8) requires public notification of radioactivity levels in community water systems as prescribed in s. NR 809.81. 15. Ch. DHS 190: The rule chapter was intended to establish standards of hygiene and safety for certain specified institutions.
16. DHS 199.02 & (Note), DHS 199.03 (2), (3), (5), (8), (12) & (Note), DHS 199.04 (1) (intro.), (d) 2., & (e), (2), DHS 199.05 (2) (a), (b), DHS 199.05 (3) (a) 3., (b) 1. & 3., (5) (a) 1. & 2., (b) (intro.), (6) (a) 1.-3., (b) 1.- 3., DHS 199.06 (1) (a) 1.- 3., (b), (c), (2)-(4), (5) (a)-(c), DHS 199.07 (1), (2), (3) (b)-(d): Affected provisions accord tobacco-related responsibilities to the “tobacco control board” or “board.”
Policies proposed to be included in the rule
The Department does not propose to include new policies in the proposed rules, but instead proposes to repeal obsolete rule chapters and make corrections to limited provisions in light of statutory changes and current practices. In addition to any changes that may be suggested by the Legislative Council or through input received during the rulemaking process, the Department proposes the following actions:
1. Chs. DHS 2 and DHS 5 are repealed.
2. DHS 12.03 (12) is amended to read:
“Foster home” means any facility operated by a person required to be licensed under s. 48.62 (1), Stats., in which care and maintenance are provided for no more than 4 foster children, or, if all are siblings, for no more than 6 children, and also includes a treatment foster home that also provides structured professional treatment by trained individuals, and a home licensed for placement of children for adoption under s. 48.833, Stats., for whom adoption assistance will be provided under s. 48.975, Stats. 3. DHS 12.03 (12) (Note) is repealed.
4. DHS 12.03 (17) (a) 2. is amended to read:
Issuance or renewal by a county department or child−placing agency of a foster home or treatment foster home license under s. 48.62 or 48.75, Stats., including a home licensed for placement of children for adoption under s. 48.833, Stats., for whom adoption assistance will be provided under s. 48.975, Stats., and includes approval of pre−adoptive applicants who contract for a home study with a licensed private child placing agency for approval of a placement of a child for adoption. 5. DHS 12.03 (17) (a) 2. (Note 2) and DHS 12.03 (22) and (Note) are repealed.
6. DHS 13.03 (16) is amended to read:
7. DHS 13.03 NoteSection DHS 36.03 (10m) is amended to read:
DHS 36.03 (10m) “Elder” means a person who is age 60 or older or who is subject to the infirmities of aging.
8. DHS 36.03 (11m) and ch. DHS 65 are repealed.
9. DHS 92.04 (11) (a) is amended to read:
DHS 92.04 (11) (a) Treatment records or portions of treatment records may be made accessible to the patient’s counsel or guardian ad litem only as authorized under s. 51.30 (4) (b) 11., Stats., and this section, to the counsel for the interest of the public only as authorized under s. 51.30 (4) (b) 14., Stats., and this section and to the court appointed examiner only as authorized under s. 51.20 (9) (a), Stats., and this section. 10. DHS 97.03 (1) (b) and DHS 97.04 (2) (b) are amended to read:
DHS 97.03 (1) (b) “DMHSASDCTS administrator” means the administrator of the department’s division of mental health and substance abuse services care and treatment services.
DHS 97.04 (2) (b) The CCE shall send a copy of his or her recommendation under s. DOC 310.12 to the DMHSAS DCTS administrator, and the DMHSAS DCTS administrator or designee may make a recommendation to the secretary of corrections. 11. DHS 98.12 (2) and ch. DHS 114 are repealed.
12. DHS 125.02 and 125.03 (5m) are amended to read:
DHS 125.02 This section applies to any person providing health care as an emergency medical technician services practitioner or a first an emergency medical responder, or within an emergency health care facility.
DHS 125.03 (5m) ) “Emergency health care personnel" means emergency medical services technicians practitioners, first emergency medical responders and emergency health care facility staff.
13. DHS 125.03 (6) and (7) are repealed.
14. DHS 125.03 (5r) is created to read:
DHS 125.03 (5r) “Emergency medical responder” has the meaning given in s. 256.01 (4p), Stats. 15. DHS 125.05 (1), (3) (a) 1., (c), (5) (a) and (6) are amended to read:
DHS 125.05(1) General requirement. Emergency health care personnel shall follow a do-not-resuscitate order, as evidenced by a patient wearing a do-not-resuscitate bracelet, unless the order is invalidated by a condition under sub. (3). If there is any doubt about honoring a do-not-resuscitate bracelet, emergency medical technicians services practitioners and first emergency medical responders shall contact the medical control hospital and emergency health care facility staff shall contact the director of emergency services. DHS 125.05 (3) (a) 1. Expressing to an emergency medical technician services practitioner, first emergency medical responder or emergency health care facility staff member the desire to be resuscitated. When this is done, emergency health care personnel shall promptly remove the do-not-resuscitate bracelet.
DHS 125.05 (3) (c) The emergency medical technician services practitioner, first emergency medical or emergency health care facility staff member knows that the patient is pregnant.
DHS 125.05 (5) (a) Even if resuscitation is not attempted, the emergency medical technician services practitioner, first emergency medical or emergency health care facility staff member shall document the patient contact in the patient's medical record or the ambulance run report form, as appropriate.
DHS 125.05 (6) VIOLATIONS. An emergency medical technician services practitioner, first emergency medical or emergency health care facility staff member who does any of the following is subject to the penalties set forth in s. 154.29 (1) or (2), Stats.: 16. DHS 134.82 (3) (f) is amended to read:
DHS 134.82 (3) (f) Smoking. Facilities shall have and enforce a policy and rules to ensure that smoking materials are used safely. The policy and rules shall include the designation of areas in which smoking is permitted, as required under s. 101.123 (4), Stats. 17. DHS 134.82 (3) (f) (Note) and Ch. DHS 143 are repealed.
18. DHS 157.96 (8) is amended to read:
DHS 157.96 (8) Public Notification. Public notification shall be provided as prescribed in s. NR 809.81 809.833.
19. Chapter DHS 190 is repealed.
20. DHS 199.02 is amended to read:
DHS 199.02 Applicability. This chapter applies to the tobacco control board department of health services, to applicants for grants awarded by the board department, and to organizations that have been awarded grants by the board department.
21. DHS 199.02 (Note) is repealed.
22. DHS 199.03 (2), (3), (5), (8), are amended to read:
DHS 199.03 (2) “Applicant” means an organization that applies for a grant from the tobacco control board department to operate a program reducing tobacco use by preventing tobacco use, promoting tobacco use cessation, and eliminating environmental tobacco smoke.
DHS 199.03 (3) “Continuation grant” means a grant awarded by the board department to an applicant who received an initial grant for the current funding year and who proposes to continue to operate the same program, or that program as modified in consultation with the board department, in the new funding year.
