Member Submission from The Republican Party of St. Croix County-

Thank you for sharing your concerns regarding the provisions of Clearinghouse Rules 19-079 (CR 19-079), relating to immunization of students. Link to information on CR 19-079: CR 19-079 (wisconsin.gov)

As you may recall, the Assembly Constitution and Ethics Committee held a public hearing concerning this proposed administrative rule on March 3, 2020. As a direct result of the public testimony presented by citizens, the Assembly committee voted on March 5, 2020, to recommend an objection to several parts of CR 19-079.

On May 5, 2020, the Joint Committee for Review of Administrative Rules (JCRAR) reviewed the Assembly committee’s recommended objections to CR 19-079. JCRAR voted to uphold the objections which meant that the blocked portions of CR 19-079 could not be put into effect during the 2021-2022 legislative session. Under Wisconsin law, the JCRAR objection to parts of CR 19-079 provided time to seek a more long-term resolution of this issue through adoption of new legislation or a reversal of the policy position of the Wisconsin Department of Health Services (DHS) during the 2021-2022 legislative session. Unfortunately, Governor Evers, the DHS and legislative Democrats vigorously oppose the right of parents and adults to make free decisions regarding immunizations.

As permitted by state law, the DHS completed the legal steps to enact all provisions of CR 19-079 with a legal effective date of February 1, 2023. Now, the provisions of CR 19-079 are fully incorporated into Wisconsin’s Administrative Rules within the chapter known as: Chapter DHS 144, Immunization of Students. Link to DHS 144: Wisconsin Legislature: Chapter DHS 144

Several provisions that originated in CR 19-079 (now incorporated into DHS 144) remain in noncompliance with elements of state law (Chapter 227, Administrative Rules, Wis. Statutes), since the provisions are both arbitrary and capricious, and impose an undue hardship.

As co-chairman of JCRAR, I have been working to address this matter both with a public hearing and an eventual executive session in JCRAR to vote on suspending the specific provisions of DHS 144 in question. I am pleased to share with you that JCRAR will be hold a public hearing on March 7, 2023, at the State Capitol. The details of public hearing are included in the official notice: Link to JCRAR Public Hearing Notice – 1712371 (wisconsin.gov)

The specific provisions of DHS 144 that have already been subject to previous action by JCRAR (as a preliminary proposal) for being both arbitrary and capricious, and imposing an undue hardship are:

A) DHS 144.02 (21) (h) and (i)

(21) “Substantial outbreak” means occurrence of any of the following diseases at the threshold determined by the department using epidemiological factors such as time and place:

(a) Measles.

(b) Mumps.

(c) Rubella.

(d) Polio.

(e) Pertussis.

(f) Diphtheria.

(g) Haemophilus influenzae type b.

(h) Varicella.

(i) Meningococcal disease.

B) In s. DHS 144.03 (2) (g), the sentence, “A physician, physician assistant, or an advanced practice nurse prescriber, must document a reliable history of varicella disease by indicating on the department’s student immunization record form that the student has had varicella disease.”

(g) The first dose of Var shall be received no sooner than 4 days before the first birthday. A second dose of Var shall be received no sooner than 4 weeks after the first dose. Students who have a reliable history of varicella disease are not required to receive Var. A physician, physician assistant, or an advanced practice nurse prescriber, must document a reliable history of varicella disease by indicating on the department’s student immunization record form that the student has had varicella disease.

Note: The student immunization record form (DHS Form 04020L) is available by accessing: https://www.dhs.wisconsin.gov/library/F-04020L.htm.

           C) The references to “1 Mening” and “2 Mening” in Table DHS 144.03-A

           D) DHS 144.03 (2) (k)

(k) A 2nd dose of mening shall be received between the ages of 16 and 18 years to students who received a first dose of mening between the ages of 11 and 15 years. A second dose is not required for students who received their first dose of mening at age 16 years or older.

At a minimum, I will be preparing a suspension motion that includes these four items above and may include additional items brought forward during the public hearing on March 7, 2023. It is my expectation that the JCRAR executive session will occur within days of the public hearing in order to limit the damage being done by the improper actions of Governor Evers’ DHS.

I need citizens to participate by attending the public hearing to testify or register their support for suspension of parts of DHS 144. If you can’t attend the public hearing please consider submitting your views on this serious matter to members of the JCRAR and all other members of the legislature.

Steve Nass

Senator