WEM 8.06 COORDINATORS. Each MABAS division shall have one division coordinator available at all times. Each MABAS region shall designate one division in their region to act as the regional coordinator. Each WEM region will have one designated MABAS division as a Wisconsin emergency management regional coordinator.

WEM 8.07 CREDENTIALING. All firefighters responding under MABAS shall meet the training standards and requirements of entry level firefighter trained under s. COMM 30.07. Emergency medical services responders shall have a valid emergency medical services license as defined in s. HFS 110 through 113.

WEM 8.08 LIMITATIONS ON COVERAGE. (1) Personnel dispatched to aid a stricken unit under MABAS shall remain employees of the aiding unit. Personnel rendering aid shall report for direction and assignment at the scene of the emergency to the incident commander or designee of the stricken unit. The aiding unit shall at all times have the right to withdraw any and all aid upon the order of its chief officer or designee, provided that the aiding unit withdrawing such aid shall notify the incident commander of the stricken unit of the withdrawal of such aid and the extend of such withdrawal.

(2) The rendering of assistance under MABAS shall not be mandatory. Aiding units may refuse if local conditions of the aiding unit prohibit response. It is the responsibility of the aiding unit to immediately notify the stricken unit of its inability to respond.

WEM 8.09 COMPENSATION. Equipment, personnel or services provided under MABAS shall be at no charge to the stricken unit. However, any expenses recoverable from third parties and responsible parties shall be equitably distributed among aiding units. Nothing shall operate to bar any recovery of funds from any state of federal agency under existing state and federal laws.

WEM 8.10 PARTICIPATION. Participating agencies in the statewide mutual aid plan must be either a MABAS member unit or have signed a memorandum of understanding directly with MABAS. Failure to do either does not jeopardize WEM duty officer directed responses to a non-participating community.

SECTION 2. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register as provided in s. 227.22 (2) (intro), Stats.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and subchapter XII of ch. 440, Stats., as created by 2005 Wisconsin Act 292, and interpreting subchapter XII of ch. 440, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to create chs. RL 180 to 183 and Appendix I, relating to the issuance and renewal of licenses, the issuance of temporary permits, standards of practice and grounds for discipline of licensed midwives.

Date:   August 14, 2006

Time:   9:00 a.m.

Location:   1400 East Washington Avenue

  Room 121A (Enter at 55 N. Dickinson St.)

  Madison, Wisconsin

Appearances at the Hearing:

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 Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at pamela.haack@drl.state.wi.us. Comments must be received on or before August 14, 2006 to be included in the record of rule-making proceedings.

Statutes interpreted: Subchapter XII of ch. 440, Stats.

Statutory authority: Section 227.11 (2), Stats., and Subchapter XII of ch. 440, Stats., as created by 2005 Wisconsin Act 292.

Explanation of agency authority: Subchapter XII of ch. 440, Stats., was enacted on April 10, 2006. Under subch. XII of ch. 440, Stats., the Department of Regulation and Licensing is authorized to promulgate rules relating to the issuance and renewal of licenses; the issuance of temporary permits; standards of practice, and grounds for discipline of a licensed midwife.

Related statute or rule: Section 441.15, Stats., which relates to the licensure of nurse-midwives.

Plain language analysis: Chapter RL 180 is being created to include definitions of several terms that are used in subch. XII of ch. 440, Stats., and in chs. RL 180 to 183. The proposed rules include definitions for administer, consultation, department, direct supervision, health care provider, licensed midwife, practice of midwifery and temporary permit.

Chapter RL 181 is being created to identify the requirements and procedures for submitting applications for licenses and renewal of licenses and applications for temporary permits.

Chapter RL 182 is being created to identify the standards of practice of midwifery. The standards of practice established by the National Association of Certified Professional Midwives are set forth in Appendix I. The proposed rules also include standards relating to informed consent, treatment measures and prohibited practices.

Chapter RL 183 is being created to identify the grounds for discipline of a licensed midwife.

Summary of, and comparison with, existing or federal regulation:

There are no federal laws that govern the licensing of midwives.

Comparison with rules in adjacent states:

Minnesota:

Minnesota licenses traditional midwives. A review of the applicable Minnesota statutes reflects that Minnesota has many requirements that are similar to the requirements for licensure and practice in Wisconsin. Several differences found in the Minnesota statutes include a requirement that licensees complete 30 hours of continuing education every 3 years; a requirement that licensees develop a medical consultation plan, and recordkeeping and reporting requirements.

Michigan:

Michigan does not currently have licensing requirements for certified professional midwives.

Illinois:

Illinois does not currently have licensing requirements for certified professional midwives.

Iowa:

Iowa does not currently have licensing requirements for certified professional midwives.

Summary of factual data and analytical methodologies:

The Department of Regulation and Licensing proposes to promulgate administrative rules relating to the regulation of licensed midwives pursuant to the provisions of 2005 Wisconsin Act 292. The provisions under the Act establish the requirements for obtaining licensure and state that practice rules promulgated shall be consistent with the standards of practice of midwifery established by the National Association of Certified Professional Midwives (NACPM). Drug administration and procedures defined under the rules were written in accordance with NACPM's recommendations. For guidance on the development of the administrative rules, the department has appointed an advisory committee in accordance with the provisions under s. 440.987, Stats.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:

The department proposes that the proposed rules will have minor or non-significant effect on small business as it does only initiate regulation on those currently practicing midwifery in the state of Wisconsin, though does so in consistence with the provisions of 2005 Wisconsin Act 292 and the department's charter in maintaining the protection of the public. The rules as written should not have a major or significant economic impact as they do not increase the standards for those already certified by the National Association of Certified Professional Midwives (NACPM).

2005 Wisconsin Act 292, which initiated promulgation of rules regulating licensed midwives, does not substantially increase existing standards for obtaining the midwife license, those standards being (primarily) a preexisting valid certification as a certified professional midwife or a valid nurse-midwife credential granted by the American College of Nurse Midwives. Furthermore, the rules promulgated only restrict practice of midwifery to the standards established by NACPM. Any additional restrictions established must be in accordance with those standards, and may not go against certain provisions under the statutes that may constitute a threat to their practice, which includes a prohibition on establishing the following requirements: a nursing degree; a midwife to practice under supervision or collaboration with a health care provider; a midwife to enter into an agreement with another health care provider; limit the location of where a midwife may practice; permit a midwife to use forceps or vacuum extraction.

Finally, the rules promulgated will regulate approximately 35 people, at least initially, who are currently practicing in Wisconsin under the aforementioned certifications. Additional costs on their practice will be the cost of licensure, or renewal, which is $56/biennium.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

The Department estimates that this rule will require staff time in the Divisions of Management Services, Professional Credentialing, and Enforcement. The one-time salary and fringe costs in the Division of Management Services and Professional Credentialing are estimated at $2,300. The on-going salary and fringe cost in the Division of Enforcement is estimated at $19,800.

Anticipated costs incurred by private sector:

The department finds that this rule has no significant fiscal effect on the private sector.

Effect on small business:

These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us, or by calling (608) 266-8608.

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone (608) 266-0495. Email: pamela.haack@drl.state.wi.us.

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935; email pamela.haack@drl.state.wi.us. Comments must be received on or before August 14, 2006, to be included in the record of rule-making proceedings.

Notice is hereby given that, pursuant to s. 71.80 (1) (c), Stats., and interpreting ss. 71.04 (4), (4m), (5) (intro.), (6) (intro.), (7) (d), (df), and (dh), (8) (b), (8) (c) and (10) and 71.25 (6), (6m), (7) (intro.), (8) (intro.), (9) (d), (df) and (dh), (10) (c), (11) and (14, Stats., the Department of Revenue will hold a public hearing at the time and place indicated below, to consider the repeal, renumbering and amending, amending, and repeal and recreation of rules relating to apportionment of apportionable income.

The hearing will be held at 9:00 a.m. on Monday, August 14, 2006, in the Events Room (1st floor) of the State Revenue Building, located at 2135 Rimrock Road, Madison, Wisconsin.

Handicap access is available at the hearing location.

Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person shown below no later than August 21, 2006, and will be given the same consideration as testimony presented at the hearing.

The Wisconsin Department of Revenue proposes an order to: repeal s. Tax 2.39 (6) (b) 4. b. and (7); renumber and amend s. Tax 2.39 (6) (b) 4. c.; amend s. Tax 2.39 (1), (2) (a), (b), and (e), and (6) (a) and (b) 4. a.; and repeal and recreate s. Tax 2.39 (3) and (6) (c); relating to the computation of the apportionment fraction of multistate businesses.

Statutes interpreted: ss. 71.04 (4), (4m), (5) (intro.), (6) (intro.), (7) (d), (df), and (dh), (8) (b), (8) (c), and (10) and 71.25 (6), (6m), (7) (intro.), (8) (intro.), (9) (d), (df), and (dh), (10) (c), (11), and (14), Stats.

Statutory authority: s. 71.80 (1) (c), Stats.

Explanation of agency authority: Under s. 71.80 (1) (c), Stats., the department may make such regulations as it shall deem necessary in order to carry out chapter 71 of the Wisconsin Statutes, relating to income and franchise taxes.

Related statute or rule: ss. 71.04 (4), (4m), (5) (intro.), (6) (intro.), (7) (d), (df), and (dh), (8) (b), (8) (c), and (10) and 71.25 (6), (6m), (7) (intro.), (8) (intro.), (9) (d), (df), and (dh), (10) (c), (11), and (14), Stats.

Plain language analysis: This proposed rule order prescribes the method to be used for apportioning the apportionable income of multistate businesses.

Section 1. Tax 2.39 (1) is amended to clarify that the apportionment formula applies only to apportionable income and to conform language, style, and format to Legislative Council Rules Clearinghouse standards.

Tax 2.39 (2) (a), (b), and (e) are amended to conform language, style, and format to Legislative Council Rules Clearinghouse standards.

Section 2. Tax 2.39 (3) is repealed and recreated to do all of the following:

a. Reflect the phase-in of an apportionment formula consisting solely of a sales factor, as provided by 2003 Wisconsin Act 37.

b. Prescribe the weight to be given to the other apportionment factors for taxable years beginning before January 1, 2008, if a factor is omitted.

c. Reflect the computation of the sales factor if the numerator or denominator of the factor is a positive number, zero, or a negative number, as provided by 2003 Wisconsin Act 37.

d. List specialized industries that are not subject to the standard apportionment formula, as provided by 2003 Wisconsin Act 37.