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 DHS 65: Repeal the rule chapter because the statute authorizing the rule has been repealed.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counsel for the interest of the public only as authorized under s. 51.30 (4) (b) 14., Stats. 2001 Wisconsin Act 16 repealed s. 51.30 (4) (b) 14., Stats. 8.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 Chapter DOC 331 has been repealed.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134.82 (3) (f): Amend s. DHS 134. 82 (3) (f) to remove the reference to s. 101.123 (4), Stats., because the statute was repealed.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.
15. Ch. DHS 190: Repeal the obsolete rule chapter because it applies to entities that are regulated through other, more recent, rule chapters.
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): To amend provisions that refer to the “tobacco control board” or “board.” Section 15.195 (1), Stats., which created the Tobacco Control Board, was repealed by 2003 Wisconsin Act 33 and tobacco control activities were transferred to the Department of Health Services. Existing policies relevant to the rule
1. Ch. DHS 2: The rule chapter was intended to establish certain procedures for the recovery of incorrectly paid benefits to children and families. 2. Ch.DHS 5: The rule chapter was intended to ensure fair and efficient personnel administration of local aging, mental health, alcohol and other drug abuse, developmental disabilities, public health, income maintenance and social services positions supported by federal funds which require that personnel standards on a merit basis be established and maintained. 4. DHS 13.03 (16): Section DHS 13.03 (16) defines the term “nurse aide.” 5. DHS 36.03 (10m) & (11m): Section DHS 36.03 (11m) defines the term “infirmities of aging.” The term is also used in the definition for “elder,” provided in s. DHS 36.03 (11m). 6. Ch. DHS 65: The rule chapter was intended to establish procedures, criteria and requirements relating to the distribution of funds to county departments for the provision of goods and services to families who have a disabled child living in the home.
7. DHS 92.04 (11) (a): Section DHS 92.04 (11) (a) states that treatment records or portions of treatment records may be made accessible to the patient’s counsel or guardian ad litem only under several specific circumstances, including to the counsel for the interest of the public only as authorized under s. 51.30 (4) (b) 14., Stats. 8. DHS 97.03 (1) (b) & DHS 97.04 (2) (b): Section DHS 97.03 (1) (b) defines “DMHSAS administrator”, and s. DHS 97.04 (2) (b) references the term within the context of specifying a complaint procedures for inmates of the Wisconsin Resource Center. 9. DHS 98.12 (2): Section DHS 98.12 (2) states that a violation report shall be prepared for a client who absconds, in accordance with s. DOC 331.03 (4).
10. Ch. DHS 114: The rule chapter was intended to establish a neonatal intensive care unit training grant program. 11. DHS 125.02, 125.03 (5m), (6) & (7), DHS 125.05 (1), (3)(a)1., (c), (5) (a), and (6): Affected provisions describe to do-not-resuscitate orders requirements for “emergency medical technicians” and “first responder” and define these terms.
12. DHS 134.82 (3) (f): Section DHS 134.82 (3) (f) requires facilities to have and enforce policies and rules regarding smoking. 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:
