Notice of Hearing
Pharmacy Examining Board
Notice is hereby given that pursuant to authority vested in the Pharmacy Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 450.02 (2g) (a), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to create ch. Phar 16, relating to the approval of continuing education courses for pharmacists.
Hearing Information
The public hearing will be held as follows:
Date and Time: Location:
July 13, 1999 Room 179A
Tuesday 1400 East Washington Ave.
9:30 a.m. MADISON, WI
Written Comments
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 July 27, 1999 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2), and 450.02 (2g) (a)
Statute interpreted: s. 450.085 (1)
This proposed rule-making order of the Pharmacy Examining Board creates rules to implement the continuing education requirements for pharmacists to biennially renew their licenses, beginning on June 1, 2000. This continuing education requirement of pharmacists as a condition for license renewal was created by 1997 Wis. Act 68.
The rules provide that beginning with the June 1, 2000 renewal deadline, licensees shall be required to “certify" on their renewal applications that they have obtained the statutorily required 30 hours of continuing education during the previous biennium. The continuing education must consist of educational programs approved by the American Council on Pharmaceutical Education (“ACPE"), or other programs that may be approved by the Board itself.
The rules provide that pharmacists must retain evidence from the educational program providers of ACPE of attendance and completion of continuing education programs for a period of 5 years following the renewal date for the biennium in which the education was required. For example, as set forth in a note to the rules, a pharmacist who renews his or her license on June 1, 2000, must retain proof of having obtained 30 hours of continuing education in the 2 years preceding renewal until June 1, 2005.
The continuing education requirement has 2 primary exceptions. First, it does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the Board originally granted the license. Second, it will not apply to individuals who have applied for and received waivers of the requirements from the Board for reasons such as prolonged illness, disability, or other similar circumstances.
Text of Rule
SECTION 1. Chapter Phar 16 is created to read:
Chapter Phar 16
CONTINUING EDUCATION FOR PHARMACISTS
Phar 16.01 Authority and purpose. The rules in this chapter are adopted by the pharmacy examining board pursuant to the authority delegated by ss. 15.08 (5) (b), 227.11 (2) and 450.02 (2g) (a), Stats.
Phar 16.02 Continuing education required; waiver. (1) Each pharmacist required to complete the continuing education requirement provided under s. 450.085, Stats., shall, in each second year at the time of making application for renewal of a license under s. 450.08 (2) (a), Stats., sign a statement on the application for renewal certifying that the pharmacist has completed at least 30 hours of acceptable continuing education programs within the 2-year period immediately preceding the date of his or her application for renewal. The 30 hours of continuing education for pharmacists first applies to applications that are submitted to the department to renew a license to practice pharmacy that expires on June 1, 2000. This subsection does not apply to an application for renewal of a license that expires on the first renewal date after the date on which the board initially granted the license.
(2) A pharmacist may apply to the board for waiver of the requirements of this chapter on grounds of exceptional circumstances such as prolonged illness, disability or other similar circumstances that the pharmacist indicates have prevented him or her from meeting the requirements. The board will consider each application for waiver individually on its merits.
Phar 16.03 Acceptable continuing educational programs. The board recognizes only those educational programs approved at the time of the pharmacist's attendance by the American council on pharmaceutical education, or other board approved programs.
Phar 16.04 Evidence of compliance. The board will accept as evidence of compliance by pharmacists with the requirements of this chapter, certification by either original documents or verified copies thereof, by either the providing institution or organization or the American council on pharmaceutical education, or components thereof, of attendance at and completion of continuing education programs approved under the provisions of s. Phar 16.03.
Phar 16.05 Retention requirement. Evidence of compliance shall be retained by each pharmacist for 5 years following the renewal date for the biennium for which 30 hours of credit are required for renewal of a license.
Note: For example, a pharmacist who renews his or her license on June 1, 2000, must retain proof of having obtained 30 hours of continuing education in the 2 years preceding renewal until June 1, 2005.
Phar 16.06 Audit. The board may require any pharmacist to submit his or her evidence of compliance with the continuing education requirements to audit compliance.
Fiscal Estimate
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: $15,000. These rules would increase agency costs due to printing and postage costs for mailings for approximately 6,000 pharmacists. A copy of the rules and a cover letter would need to be mailed and this mailing would be approximately $15,000. The cost to print and mail each rule is estimated at $2.50 multiplied by 6,000 pharmacists.
Initial Regulatory Flexibility Analysis
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 Rule and Contact Information
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, WI 53708
Telephone (608) 266-0495
Notice of Proposed Rule
Revenue
Notice is hereby given that pursuant to s. 227.11(2)(a), Stats., and interpreting s. 77.54(4) and (26), Stats., and according to the procedure set forth in s. 227.16(2)(e), Stats., the Department of Revenue will adopt the following rules as proposed in this notice without public hearing unless, within 30 days after publication of this notice on June 15, 1999, it is petitioned for a public hearing by 25 natural persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Contact Person
Please contact Mark Wipperfurth at (608) 266-8253, if you have any questions regarding this proposed rule order.
Analysis by the Department of Revenue
Statutory authority: s. 227.11(2)(a)
Statute interpreted: s. 77.54(4) and (26)
SECTION 1. Tax 11.03(title) is amended, to reflect that the section pertains to schools and school-related organizations other than elementary and secondary.
SECTION 2. Tax 11.03(1)(a)2. and 3. are renumbered, to list the definitions in alphabetical order, per Legislative Council Rules Clearinghouse standards.
SECTION 3. Tax 11.03(1)(b) is amended, to reflect the renumbering of Tax 11.03(1)(a)2. as described in SECTION 2.
Tax 11.03(3)(c) is amended, to remove the terms “vocational and adult education schools" and replace them with “technical college districts," to reflect current terminology.
Tax 11.03(4)(a) is amended, to:
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Remove the term “vocational schools" and replace it with “technical colleges," to reflect current terminology.
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Reflect the requirement that the schools must be located in Wisconsin to qualify for the sales and use tax exemption.
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Permit the exemption from sales and use tax to be claimed by schools by providing either an exemption certificate or a purchase order from the school.
Tax 11.03(4)(c) is amended, to clarify that related organizations of public and private schools which are not subject to the control and supervision of school officials may still be exempt from Wisconsin sales and use tax if they have their own certificate of exempt status.
SECTION 4. Tax 11.03(4)(d) is created, to clarify that related organizations of public and private schools which are subject to the control and supervision of school officials may claim exemption from Wisconsin sales and use tax by providing an exemption certificate or purchase order from the school.
The second note at the end of Tax 11.03 is repealed, because it is obsolete.
SECTIONS 5 AND 6. Tax 11.11(2)(b) is amended and Tax 11.11(2)(c) is repealed, to reflect the department's position that utilities consumed in operating waste treatment facilities qualify as supplies and are exempt from Wisconsin sales and use tax.
The term “supply" is not defined in Ch. 77, Stats. Therefore, when determining what items fall within the definition of “supplies," the common definition of the term as found in a standard dictionary is to be used.
“Supply" is defined in Webster's Ninth New Collegiate Dictionary (1991 Edition) to mean “...the quantity or amount (as of a commodity) needed or available...PROVISIONS, STORES...the quantities of goods or services offered for sale at a particular time or at one price...something that maintains or constitutes a supply."
“Provision" is defined in Webster's Ninth New Collegiate Dictionary (1991 Edition) to mean “...a measure taken beforehand to deal with a need or contingency...a stock of needed materials or supplies..."
Upon examining the dictionary definition of “supply" and the recent decision in Cherney Microbiological Services, Ltd. v. Wisconsin Department of Revenue (April 23, 1996), the department has determined that electricity is a supply that is exempt pursuant to s. 77.54(26), Stats.
The term “utilities" clearly fits within the definition of the word “supply," which includes “...the quantity or amount (as of a commodity) needed or available..." Utilities are clearly an item needed to operate a waste treatment facility.
SECTION 7. Tax 11.11(3)(intro.) is created, to provide a general explanation of the exemption provided in s. 77.54(26), Stats., for waste treatment facilities.
SECTION 8. Tax 11.11(3)(a), (b) and (c) are renumbered Tax 11.11(3)(a)1., 2. and 3. respectively, since they all apply to the title of par.(a) as created in SECTION 9.
Tax 11.11(3)(d) is renumbered Tax 11.11(4) and amended, to:
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Add a title identifying to what the subsection applies.
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Provide that the exemption for the repair, service, alteration, cleaning, painting and maintaining applies to both municipal and certain industrial waste treatment facilities.
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Provide that utilities purchased for municipal and certain industrial waste treatment facilities are exempt from Wisconsin sales and use tax, to reflect the department's position as explained in the analysis for SECTIONS 5 AND 6.
Tax 11.11(4) is renumbered Tax 11.11(5) and Tax 11.11(5)(c) as renumbered is amended, to reflect correct punctuation per Legislative Council Rules Clearinghouse Standards.
