• Live fish or fish eggs imported into Wisconsin.

• Farm-raised fish released into the waters of the state.

Under current rules, whenever salmonid fish or salmonid fish eggs are imported or released, the health certificate must state that the salmonids are free of whirling disease. But there is no reliable way to test for whirling disease in salmonid eggs. This rule therefore eliminates the whirling disease testing requirement for salmonid eggs (the testing requirement still applies to live fish).

USDA-APHIS classifies states according to the prevalence of bovine tuberculosis within each state. Classifications affect interstate movement of animals. USDA-APHIS previously classified states with a prevalence greater than .1% as “non-modified accredited" states, but now classifies them as “modified accredited" states. This rule incorporates the new federal terminology.

Under current rules, tests for equine infectious anemia (EIA) must be performed by an accredited veterinarian or a veterinarian employed by DATCP or USDA-APHIS. This rule allows a technician employed by DATCP or USDA-APHIS to perform routine screening tests for EIA if the technician is working under the direct supervision of a veterinarian employed by DATCP or USDA-APHIS.

Under current rules, a horse may not be exhibited at a fair or show unless it has tested negative for EIA within the preceding 12 months. Under this rule, the horse must have tested negative for EIA during the same calendar year in which the horse is exhibited, except that a horse may be exhibited in January if it tested negative during the preceding calendar year. This is consistent with current rules related to permanent imports.

This rule modifies current rules related to cervids (including deer and elk):

• Under current rules, a cervid may not be imported to Wisconsin unless it has tested negative for brucellosis within the preceding 30 days. This rule changes the pre-import brucellosis testing requirements by incorporating federal Uniform Methods and Rules adopted by USDA-APHIS effective September 30, 1998. This will make Wisconsin import requirements consistent with federal requirements.

• Under current rules, a cervid may not be moved within Wisconsin unless it has tested negative for tuberculosis within the preceding 90 days. There are several current exceptions to this requirement. This rule creates an additional exception, for cervids originating from a certified tuberculosis-free herd.

• Under current rules, captive deer must test negative for tuberculosis within 90 days before they are moved within Wisconsin. White-tailed deer are exempt from this requirement. This rule repeals the current exemption, so that captive white-tail deer will also be subject to the TB testing requirement before they are moved within this state.

• This rule requires any veterinarian or diagnostic laboratory that finds evidence of chronic wasting disease in deer in Wisconsin to report it to DATCP within one day after making the finding.

Under current rules, DATCP may certify a poultry flock as “U.S. pullorum-typhoid clean," and may certify a turkey flock as “mycoplasma-gallisepticum clean," based on test samples collected by an authorized agent of DATCP. Under current rules, DATCP's agent must individually identify tested birds when collecting test samples for these purposes. This rule clarifies that the birds must be identified with leg bands or wing bands.

Under this rule, if DATCP's agent tests 25 or more birds, DATCP's agent may forego individual identification if the owner or the owner's agent isolates the test group from other birds in the flock. The owner or the owner's agent must keep the test group isolated until DATCP authorizes their release from isolation. If one or more of the tested birds tests positive for disease, the owner or the owner's agent must submit all of the isolated birds for further testing or disposition.

Under current rules, poultry used for breeding purposes and poultry eggs used for hatching must originate from a flock that is tested annually and classified “U.S. pullorum-typhoid clean" under the national poultry improvement plan. This rule retains the source flock classification requirement, but eliminates the annual testing requirement. Flock testing must still be consistent with the national poultry improvement plan.

This change will make it possible for a new breeding flock to claim the “U.S. pullorum-typhoid clean" status of its parent flock until the new flock can be tested and certified in its own right. It will also make Wisconsin rules consistent with those of other states and USDA-APHIS.

Under current rules, turkeys used for breeding purposes and turkey eggs used for hatching must originate from a flock that is tested annually and classified “Mycoplasma gallicepticum clean" under the national poultry improvement plan. This rule retains the source flock classification requirement, but eliminates the annual testing requirement.

Flock testing must still be consistent with the national poultry improvement plan. This change will make it possible for a new breeding flock to claim the “Mycoplasma gallicepticum clean" status of its parent flock until the new flock can be tested and certified in its own right. It will also make Wisconsin rules consistent with those of other states and USDA-APHIS.

Under current rules, DATCP must quarantine poultry flocks classified as “reactor," “infected" or “suspect" flocks under the national poultry improvement plan. Quarantined birds may only be moved to slaughter. DATCP may release a quarantine following 2 negative flock tests conducted at least 21 days apart.

This rule modifies current quarantine provisions. Under this rule, quarantined birds moved to slaughter must be accompanied by a USDA permit for movement of restricted animals, form VS 1-27. This rule repeals the current requirement for releasing a quarantine (2 negative flock tests at least 21 days apart). Instead, the quarantine order will spell out quarantine release terms, based on surrounding circumstances.

This rule changes current poultry disease reporting requirements, consistent with the national poultry improvement plan:

• Under current rules, a veterinarian who diagnoses pullorum in poultry must report the disease to DATCP within 10 days after it is diagnosed. This rule shortens the reporting deadline from 10 days to one day.

• This rule adds a reporting requirement for mycoplasma meleagridis. Under this rule, a veterinarian who diagnoses this disease in poultry must report the disease to DATCP within one day after it is diagnosed.

Under current rules, a dog or cat imported to Wisconsin must be accompanied by a certificate of veterinary inspection. The certificate must disclose the rabies vaccination status of the animal. If the dog or cat has never been vaccinated, or is due for re-vaccination, it must be vaccinated by a licensed veterinarian within 30 days after it enters the state or within 30 days after it reaches 4 months of age, whichever is later.

The Legislature recently modified the rabies vaccination statute. Under the new statute, a dog or cat may be vaccinated (with an appropriate vaccine) before the animal reaches 4 months of age, and must be vaccinated before the animal reaches 5 months of age. This rule modifies the current rules to conform to the new statute. Under this rule, if an imported dog or cat has never been vaccinated, or is due for re-vaccination, it must be vaccinated by a licensed veterinarian within 30 days after it enters the state or before it reaches 5 months of age, whichever is later.

The rule will not have a major impact on State or Local government resources. This rule integrates minor state law changes that have already been enacted into rule, and creates consistency within animal health rules, and with federal programs and with other states. Increases in workload will be absorbed by existing staff.

Rule Description

The rule modifies current animal health rules, including rules related to animal disease, animal movement and livestock markets. This rule updates a number of current rules. Among other things, this rule:

• Modifies current disease testing and reporting requirements to reflect the fact that DATCP no longer operates Wisconsin's animal health laboratories (the labs are currently operated by the University of Wisconsin).

• Modifies current import testing requirements for fish, eliminating a whirling testing requirement for salmonid eggs (because no reliable test exists). The testing requirement still applies to live fish.

• Updates bovine tuberculosis import requirements to reflect new federal terminology (no substantive change).

• Makes technical changes to current testing requirements for equine infectious anemia (EIA).

• Modifies current rules related to cervids (including deer and elk):

- Modifies pre-import brucellosis testing requirements to make them consistent with federal Uniform Methods and Rules.

- Modifies pre-import tuberculosis testing requirements to create an exemption for cervids originating from certified tuberculosis-free herds.

- Modifies current TB testing requirements for intrastate movement of captive deer. This rule extends the current testing requirement to white-tail deer (current rules exempt white-tails).

- Requires veterinarians and diagnostic laboratories to report any findings of chronic wasting disease within one day.

• Modifies current testing, identification and classification procedures under voluntary programs to certify poultry flocks fee of pullorum-typhoid and mycoplasma-gallisepticum.

• Modifies current rules related to poultry quarantines. Under this rule, a permit must accompany quarantined birds moved to slaughter. This rule repeals current requirements for quarantine release (2 negative flock tests at least 21 days apart). Instead, the quarantine order will spell out quarantine release terms, based on surrounding circumstances.

• Changes current poultry disease reporting requirements, consistent with the national poultry improvement plan:

- Under current rules, a veterinarian who diagnoses pullorum in poultry must report it to DATCP within 10 days. This rule shortens the reporting deadline from 10 days to one day.

- This rule adds a reporting requirement for mycoplasma meleagridis. A veterinarian who diagnoses this disease must report it to DATCP within one day.

• Modifies current rabies vaccination requirements for imported dogs and cats, based on recent statutory changes. Under this rule, if an imported dog or cat has never been vaccinated, or is due for re-vaccination, it must be vaccinated by a licensed veterinarian within 30 days after it enters the state or before it reaches 5 months of age, whichever is later.

This rule affects livestock owners and veterinarians. Some of these persons are “small businesses" as defined in s. 227.114 (1) (a), Stats.

This rule will have a slight impact on small business. This rule eliminates some unnecessary burdens by making Wisconsin rules more consistent with federal rules. In some cases, this rule imposes slight additional record keeping and reporting requirements on veterinarians, but these requirements are necessary to protect Wisconsin livestock.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Barbering and Cosmetology Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting ss. 454.01, 454.04, 454.15 and 454.08, Stats., the Barbering and Cosmetology Examining Board will hold a public hearing at the time and place indicated below to consider an order to revise chs. BC 1 to 4 and 10, relating to, cutting, disinfectants, disinfection, massaging, delegated medical procedures, body piercing, tattooing, tanning booths, managers, relocation of establishments, sterilization and forfeitures.

Date:   June 3, 2002

Time:   10:00 a.m.

Location:   1400 East Washington Avenue

  Room 179A

  Madison, Wisconsin

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by June 25, 2002 to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing.

Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats.

Statutes interpreted: ss. 454.01, 454.04, 454.15 and 454.08, Stats.

In this proposed rule-making order of the Barbering and Cosmetology Examining Board, the board makes changes relating to laser hair removal, microdermabrasion and chemical skin peels, tattooing, body piercing and tanning booths, limitations on the use of lancets, massages for cosmetic purposes, and non-evasive cutting.

The current law does not clearly address issues pertaining to laser hair removal, microdermabrasion and chemical skin peels. The law pertaining to body piercing, tattooing and tanning booths is clearly stated in statutes and rules enforced by the Department of Health and Family Services; therefore the board proposes to add these subjects to its rules. The rules permit the use of lancets; however, the rules do not adequately address the sterilization and disposal of lancets. The rules define “manicuring" to include “massaging" that is limited to the hands, feet or nails of the human body. The rules also define “manicuring" to include “cutting" that is limited to the hands, feet or nails of the human body.

The proposed rules will identify procedures, such as laser hair removal services, microdermabrasion and certain chemical skin peels that may only be done as directed, supervised and inspected by a physician who has the power to direct, decide and oversee the implementation of the client services provided. The proposes rules will prescribe formal written protocols.

In this proposed rule-making order the board clarifies the disinfection expectations for barbering and cosmetology, aesthetics, electrology and manicuring implements. These changes will provide a clearer explanation of what disinfection will protect the health, safety and welfare of the citizenry of Wisconsin. Refining the disinfection definition and the process of disinfection, can do this.

The Barbering and Cosmetology Examining Board's policy is to prohibit the use of methyl methacrylate monomer (MMA) in liquid form, or any cosmetic or nail service product formulated with MMA as one of its ingredients. It should not be used by any manicurist, nail technician, practitioner, manager or in any establishment in providing services or products to patrons. MMA, or any product containing MMA as an ingredient, should not be present on the premises of any establishment. Any use of MMA or any product containing MMA, as well as selling, stocking or storing such substance or product, may result in disciplinary action against all licensees involved. Increased reports and complaints concerning MMA have prompted the board to prohibit the use of MMA in the practice of barbering and cosmetology and manicuring.

Section BC 3.02 currently requires a licensed manager to be identified for every establishment. A proposed rule change would allow an establishment to operate temporarily without a manager if a manger resigns and the owner actively seeks a replacement.

Section BC 3.06 currently requires application for a new establishment license whenever an establishment changes ownership or location. Practitioners who rent a chair or booth and who relocates to a different chair or booth within the same establishment should not be required to obtain a new establishment license.

1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.

These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Medical Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 448.40 (1), Stats., and interpreting ss. 448.015 (4) and 448.02 (3), Stats., the Medical Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s. Med 10.02 (2) (zc), relating to defining failing to cooperate in a timely manner in an investigation as unprofessional conduct.