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 Section 15.195 (1), Stats., which created the Tobacco Control Board, was repealed by 2003 Wisconsin Act 33 and tobacco control activities were transferred to the Department of Health Services.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:
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:
