SUMMARY
1. Description of rule objective/s
The objective of the proposed rulemaking is to comply with 2019 Executive Order 15. The Order requires each state agency to review its administrative rules and replace any derogatory or offensive terms with current, inclusive terms. Note: The Department is already in the process of revising or repealing many of the rule chapters listed above, as authorized by other Statements of Scope. In addition, current legislative proposals (2019 AB 20 and 2019 SB 19) aim to directly amend many of the affected rule chapters. The Department will replace outdated and non-inclusive terms as expeditiously as possible under the authority of this, or previously-approved Statements of Scope, and based upon the outcome of current legislative proposals.
2. Existing policies relevant to the rule
Affected rule chapters contain terms that are no longer current or inclusive, such as “mentally retarded,” “mental retardation,” and “handicapped.”
3. Policies proposed to be included in the rule
The Department proposes to update affected rules with current and inclusive terms, including related acronyms, such as “ICF/MR,” “ICF-MR,” and “QMRP.”
4. Analysis of policy alternative/s
There are no reasonable alternatives to the rulemaking. The Department has been directed by Executive Order to update affected rules with current and inclusive terms.
5. Statutory authority for the rule
a. Explanation of authority to promulgate the proposed rule
Within certain parameters, the Department is authorized under s. 227.11 (2) (a), Stats., to promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute. b. Statute/s that authorize/s the promulgation of the proposed rule
c. Statute/s or rule/s that will affect the proposed rule or be affected by it
None.
6. Estimates of the amount of time that state employees will spend to develop the rule and other necessary resources
The Department estimates that it will take approximately 200 hours of time.
7. Description of all of the entities that may be affected by the rule, including any local governmental units, businesses, economic sectors, or public utility ratepayers who may reasonably be anticipated to be affected by the rule
The proposed rule will affect categories of individuals referenced in affected rule provisions.
8. Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule
There are no existing or proposed federal regulations that address the activities to be regulated by the rules.
9. Anticipated economic impact, locally or statewide
The proposed rule is anticipated to have little to no economic impact if promulgated.
Agency contact/s
Davis Ciotola
Attorney
Office of Legal Counsel
Department of Health Services
608-266-8428
Whitney Ederer
Administrative Rules Manager
Office of Legal Counsel
Department of Health Services
608-267-4029
