SECTION 50. HFS 124.12 (5) (b) 11. is amended to read:

HFS 124.12 (5) (b) 11. A statement specifying categories of personnel duly authorized to accept and implement medical staff orders. All orders shall be recorded and authenticated. All verbal and telephone orders shall be authenticated by the prescribing member of the medical staff in writing within 2472 hours of receipt.

SECTION 51. HFS 132.42 (3) (a) is amended to read:

HFS 132.42 (3) PHYSICAL HEALTH CERTIFICATIONS. (a) New employees. Every employee shall be certified in writing by a physician or physician extender as having been screened for tuberculosis infection and being free from clinically apparent communicable disease within 90 days before beginning workprior to employment for evidence of infection.

SECTION 52. HFS 132.42 (4) is repealed and recreated to read:

HFS 132.42 (4) DISEASE SURVEILLANCE AND CONTROL. When an employee or prospective employee has a contagious infection, he or she may not perform employment duties in the nursing home until the nursing home makes safe accommodations to prevent the infection's spread.

Note: The Americans with Disabilities Act and Rehabilitation Act of 1973 prohibits the termination or non-hiring of an employee based solely on an employee having an infectious disease, illness or condition.

SECTION 53. HFS 132.44 (1) (b) is repealed.

SECTION 54. HFS 132.51 (2) (b) 1. is repealed and recreated to read:

HFS 132.51 (2) (b) 1. 'Communicable disease management.' The nursing home shall have the ability to manage persons with communicable disease the nursing home admits or retains.

SECTION 55. HFS 132.52 (2) (c) is amended to read:

HFS 132.52 (2) (c) Receipt of certification in writing from a physician or physician extender that the person is free of airborne or other communicable tuberculosisdisease and clinically apparent communicable disease, or an order for procedures to treat and limit the spread of any communicable disease the person may be found to have.

SECTION 56. HFS 132.66 (1) (d) is repealed.

SECTION 57. HFS 133.03 (8) (b) is amended to read:

HFS 133.03 (8) (b) If a home health agency wants to contest a department action specified in par. (a), it shall file a written request for a hearing under s. 227.44, Stats., with the department of administration's division of hearings and appeals within 10 days of receipt of notice of the contested action.

SECTION 58. HFS 134 (title) is amended to read:

HFS 134 Facilities for the Developmentally DisabledServing People with Developmental Disabilities

SECTION 59. HFS 134.11 is amended to read:

HFS 134.11 Authority and purpose. This chapter is promulgated under the authority of s. 50.02 (2) and (3), Stats., to provide conditions of licensure for facilities that primarily serve developmentally disabled personspeople with developmental disabilities who require active treatment. This chapter is intended to protect and promote the health, safety and well–being of residents of these facilities.

SECTION 60. HFS 134.12 (1) is amended to read:

HFS 134.12 Scope. (1) APPLICABILITY. All facilities that provide care primarily for developmentally disabled persons who require active treatment, including facilities owned and operated by the state, a county, a municipality or another public body, are subject to this chapter. A facility that is regulated as a community-based residential facility defined in s. 50.01 (1), Stats., or a nursing home, defined in s. 50.01 (3), Stats., on July 1, 1988 is subject to this chapter rather than to ch. HFS 83 or 132 if it is a facility for the developmentally disabledserving people with developmental disabilities.

SECTION 61. HFS 134.13 (7) and (note), (10) (a), (12), (13), (17) and (39) (intro) are amended to read:

HFS 134.13 (7) “Center for the developmentally disabled" means a department-operated residential institution for the care of developmentally disabled personspeople with developmental disabilities.

Note: There are 3 state centers for developmentally disabled personspeople with developmental disabilities in Wisconsin: Central Center, Northern Center and Southern Center.

(10) (a) Eligible for registration as a dietitian by the commission on dietetic registration of the American dietetic association under its requirements in effect on January 17, 1982 and certified with the state of Wisconsin under s. 448.78, Stats.; or

(12) “Facility" means a facility for the developmentally disabledserving people with developmental disabilities.

(13) “FDD" or “facility for the developmentally disabledserving people with developmental disabilities" means a residential facility with a capacity of 3 or more residents in which nursing care is provided to any resident and which primarily serves residents who are developmentally disabledhave developmental disabilites and who require and receive active treatment.

(17) “Interdisciplinary team" means the persons employed by a facility or under contract to a facility who are responsible for planning the program and delivering the services relevant to a resident's care needswho possess the knowledge, skills and expertise necessary to accurately identify the comprehensive array of the client's needs and design a program that is responsive to those needs.

(39) (intro) “QMRP" or “qualified mental retardation professional" means a person who has specialized training in mental retardation or at least one year of experience in treating or working with mentally retarded personspeople with mental retardation or other developmental disabilities, and is one of the following:

SECTION 62. HFS 134.14 (1), (2) (a) (intro) and (5m) are amended to read:

HFS 134.14 Licensure. (1) APPLICATION. Application for a license to operate a facility for the developmentally disabledserving people with developmental disabilities shall be made on a form provided by the department.

(2) (a) A new facility for the developmentally disabled may not have more than 16 residents, except that:

(5m) ANNUAL REPORT. Every 12 months, on a schedule determined by the department, a facility for the developmentally disabled licensee shall submit a report to the department in the form and containing the information that the department requires, including payment of the fee required under s. 50.135 (2) (a), Stats. If a complete report is not timely filed, the department shall issue a warning to the licensee. If the licensee of a facility for the developmentally disabled who has not filed a timely report fails to submit a complete report to the department within 60 days after the date established under the schedule determined by the department, the department may revoke the license.

SECTION 63. HFS 134.815 (1) and (2) (a) are amended to read:

HFS 134.815 Fees for plan reviews. (1) REQUIREMENT. Before the start of any construction or remodeling project for a facility for the developmentally disabled, the plans for the construction or remodeling shall be submitted to the department, pursuant to s. HFS 134.84 (1), for review and approval by the department. The fees established in this section shall be paid to the department for providing plan review services.

(2) FEE SCHEDULE. (a) General. The department shall charge a fee for the review under s. HFS 134.812 of plans for a facility for the developmentally disabled capital construction or remodeling project. The fee shall be based in part on the dollar value of the project, according to the schedule under par. (b), and in part on the total gross floor area in the plans, in accordance with par. (c). The total fee for plan review is determined under par. (d). Fees for review of partial plans, for revision of plans, for extensions of plan approval, and for handling and copying, and provisions for the collection and refund of fees are found in par. (e).

SECTION 64. Table HFS 134.82 (title) is amended to read:

Table HFS 134.82 LIFE SAFETY CODE REQUIREMENTS FOR FACILITIES FOR THE DEVELOPMENTALLY DISABLEDSERVING PEOPLE WITH DEVELOPMENTAL DISABILITIES

SECTION 65. HFS 144.03 (2) (b), (c) and (e) and footnotes 1. and 4. to Table 144.03-A are amended to read:

HFS 144.03 (2) (b) Immunization against measles, mumps and rubella shall have been received on or after the date of the first birthday. A dose received 4 days or less before the first birthday is acceptable.

(c) Exceptions may be made in requirements for the fourth dose of DTP/DT/DTaP/Td vaccine and the fourth dose of polio vaccine. Students who receive the third dose of either of these vaccines after their fourth birthday are not required to receive a fourth dose of that vaccine. A dose received 4 days or less before the 4th birthday is acceptable.

(e) Exceptions may be made in requirements for Hib vaccine. Students who began the Hib series at 12 to 14 months are only required to receive 2 doses at least 2 months apart. Students who received one dose of Hib at 15 months of age or after are not required to obtain additional doses. A dose received 4 days or less before 15 months of age is acceptable.

Table 144.03-A Footnote 1. For kindergarten only, at least one dose to be received after 4 years of age unless medically contraindicated. A dose received 4 days or less before the fourth birthday is acceptable.

4. At least one dose to be received after 12 months of age unless medically contraindicated. A dose received 4 days or less before the first birthday is acceptable.

SECTION 66. HFS 145.05 (2), (3) and (4) (note) are amended to read:

HFS 145.05 (2) Local health officers shall follow the methods of control set out in section 9 under each communicable disease listed in the 16th 17th edition (1995)(2000) of Control of Communicable Diseases Manual, edited by Abram S. BenensonJames Chin, published by the American Public Health Association, unless specified otherwise by the state epidemiologist. Specific medical treatment shall be prescribed by a physician or an advanced practice nurse prescriber.

(3) Any person licensed under ch. 441 or 448, Stats., attending a person with a communicable disease shall instruct the person in the applicable methods of control contained in Control of Communicable Diseases Manual, 16th17th edition (1995)(2000), edited by Abram S. BenensonJames Chin, published by the American Public Health Association, unless specified otherwise by the state epidemiologist, and shall cooperate with the local health officer and the department in their investigation and control procedures.

(4) Note: The handbook, Control of Communicable Diseases Manual, 16th17th edition (1995)(2000), edited by Abram S. BenensonJames Chin, is on file in the Department's Division of Public Health, the Revisor of Statutes Bureau and the Secretary of State's Office, and is available for purchase from the American Public Health Association, 1015 Fifteenth St., NW, Washington, DC 20005.

SECTION 67. HFS 155 is repealed.

SECTION 68. TCB 1.04 (1) (d) 1. b. is amended to read:

TCB 1.04 (1) (b) 1. b. Create more adverse attitudes toward smoking among 15 percent of the target population within 6 months of initiating the campaign messagea 10 percent change in attitudes, beliefs and knowledge of identified tobacco-related issues. Issues may include secondhand smoke, the dangers of tobacco, tobacco addiction cessation and the roles of the tobacco industry.

SECTION 69. TCB 1.07 (1) (a) is amended to read:

TCB 1.07 (1) (a) Purchasing tobacco use cessation medications without written permission from the grant manager.

The Department's proposed changes will not have a fiscal effect.

The rule changes will not affect small businesses as defined in s. 227.114 (1) (a), Stats.

Notice is hereby given that, pursuant to ss. 254.47 (4) and 254.68, Stats., the Department of Health and Family Services will hold public hearings to consider the proposal to repeal HFS 196 Appendix chapter 12, subpart, 12-202.11 (C); to amend HFS 196 Appendix chapter 12, subpart 12-101.12 (A), (C), and (D), 12-201.11 (A) to (D), 12-202.11 (B) and (Note), 12-202.12, 12-401.11 (A) and (Note); to repeal and recreate HFS 196 Appendix chapter 12, subparts12-201.12 and 12-201.13, 12-301.11 and (Note), 12-401.11 (B) and (C), and 12-402.11 and (Note); to create HFS 196 Appendix chapter 12, subpart 12-302.11, relating to certification of food managers.

The public hearings will be held:

Wednesday, June 4, 2003

Beginning at 11:00 a.m.

Public Health Regional Office

200 North Jefferson Street, Room 152 B

Green Bay, WI 54301

Thursday, June 5, 2003

Beginning at 11:00 a.m.

Marathon County Health Department

Lakeview Professional Plaza

1200 Lakeview Drive, West Conference Room

Wausau, WI 54403

Friday, June 6, 2003

Beginning at 11:00 a.m.

Wilson Street State Office Building

1 West Wilson Street, Room B145

Madison, WI 53701

The hearing sites are fully accessible to people with disabilities.

Chapter 12 of HFS 196 Appendix, establishes the requirements for certification of food managers. Section 254.71, Stats., and HFS 196 Appendix, commonly known as the Wisconsin Food Code, require an operator or at least one manager of a food establishment to have achieved a minimum proficiency in food safety through classroom training and examination. The classroom session and examination are administered by independent organizations such as the Tavern League of Wisconsin and the Wisconsin Restaurant Association, or by technical colleges utilizing an examination approved by the Department. In order for an individual to be certified, proof of passing the examination is required to be submitted to the Department along with a $10 certification fee. The certificate may be renewed, within 6 months of the expiration date, by completing a Department-approved recertification training course and payment of a $10 recertification fee. Certification and recertification is valid for a period of 5 years.

The Department proposes to amend ch. 12, of HFS 196 Appendix, to do all of the following:

1. Increase the certification fee and the recertification fee from $10 for 5 years to $25 for 5 years, with an additional increase to $30 for 5 years effective July 1, 2004.

2. Revise the recertification requirements to be equal to the requirements of the initial certification.

3. Grant automatic approval to create and administer written examinations on food protection practices to testing service organizations that are accredited by the National Conference for Food Protection (NCFP), the recognized authority for setting national standards in food safety.

Justification:

1. Fee Increase: The current fee of $10 for certification and the current fees of $10 for recertification was established at the conception of the certified food manager program in 1994. The cost of maintaining and verifying the registry of certified food managers has increased since then. Health inspectors and certificate holders frequently contact the Department to check on the status of a misplaced certificate, to request duplicates, or to determine when renewal is due. The Department estimates that central office support staff spend 46 hours per week on the certification program. Additional costs related to the program are incurred at each annual inspection. The Department estimates that a 5-year certificate issued for $10 costs the state more than $70 over its 5-year life. The additional revenue generated from these fee increases will enable the Department to maintain the current registry, and to respond in a timely manner to information requests regarding CFMs. Neighboring states currently charge up to $35 for 5-year certificates or renewals.