Updates to Wis. Admin. Code ch. ATCP 78 also include the addition of provisions for written procedures that camp operators may follow to earn reduced inspection frequency. These proposed revisions are reflective of recently passed legislation. Meeting the new requirements would allow camp operators to demonstrate effective managerial control of public health hazards. The revised rule includes new requirements related to the hiring and maintaining of recreational and educational camp staff; however these requirements are not new to most Wisconsin camps. The revised rule proposes performing a criminal background check, including a national sex offender search for new hires and for existing staff every 24 months. The revised rule also requires camp staff to complete camper sexual abuse prevention training. The criminal background check requirement is estimated to cost $40 per camp staff member. As noted by various industry stakeholders, many insurance companies already offer free camper sexual abuse prevention training modules. The requirement for background checks, in combination with staff training, creates a less conducive setting for potential offenders at Wisconsin camps serving youth and, by protecting camper health and safety, is consistent with the Department’s mission to protect public health.
Reporting, Bookkeeping and other Procedures
The proposed rule will require additional reporting as is consistent with industry-wide best practices. The Department will provide a standardized form to report death, injury or illness that require an ambulance response.
Camp operators will be required to maintain additional documentation that includes: camps serving rental groups written agreements completed with each rental group, camp staff background checks, a background check threshold policy, specialized program activity and camper sexual abuse prevention camp staff training documentation, challenge course inspection documentation, written lifeguard and attendant waterfront staffing plan.
Optional additional recordkeeping includes: written standard operating procedures to be presented if a camp seeks to show effective managerial control of public health hazards that may, by statute, lead to reduced inspection frequency, an off-site written food safety plan for use if a camp offers backcountry or primitive camping experiences, and an automated external defibrillator (AED) testing log if an AED is provided on camp premises.
Professional Skills Required
Consistent with industry standards, the proposed rule does require new professional skills to be acquired by camp operators. These skills are primarily obtained through training related to qualified adult supervision required when a camp offers any of the following activities to campers: Archery ( National Archery School Program), Firearms (Wisconsin Department of Natural Resources hunting safety course), a Challenge Course (Association of Challenge Course Technology Level 1 certification), and horseback riding (Certified Horsemanship Association program).
Accommodation for Small Business
The proposed rule does recognize exclusions from recreational and educational camp licensing requirements. Accommodations are made for small business models such as camps that offer an unlimited number of stays for fewer than four consecutive overnights without any permanent facilities for food and lodging, adult and family retreats for recreation and education, overnight accommodations at an accredited academic institution for credit, and overnight stays related to professional sports team training camps, competitions, tournaments, visitations or attendance at a campus conference.
The revised rule will expand on the requirement for the bound-book medication log and thereby save time for the Department, its local health department agents, and industry stakeholders by allowing camp operators to use the more efficient electronic systems widely available for medication documentation and data management. This update will allow existing medication bound book variances to sunset and decrease the need for new variance applications. This flexibility will simultaneously reduce the record-keeping burden on small business and drastically lower Department time to process variance requests. The rule revision will also eliminate the existing requirement for camps to write and follow policies for EMS-15 minutes response time.
Conclusion
The Department expects the proposed rule to have a positive long range impact on all stakeholders because it will give more flexibility for businesses in complying with rule requirements that are consistent with recognized industry best practices, allocate regulatory requirements in proportion to risk, and will lead to risk-based inspection methods. Furthermore, the rule revision reduces the additional time and resources involved with resolving confusion created by the existing rule not keeping pace with changes that have occurred with camps and camper demographics over the years.
Regulatory partners, industry stakeholders and national and state level subject matter experts have all been part of this entire rule revision process through virtual communication methods concurrent with COVID-19 pandemic protocols. The Department also provided rule revision status updates to various industry and regulatory association meetings over the last year. Stakeholders have all shared their eagerness for rule revision.
This rule will have little effect on “small business” and is not subject to the delayed “small business” effective date provided in s. 227.22(2)(e), Stats. DATCP will, to the maximum extent feasible, seek voluntary compliance with this rule.
