SECTION 10. LES 4.04 is renumbered LES 4.03 and amended to read:
LES 4.04 Professional instructor. (1) PROFESSIONAL INSTRUCTOR CERTIFICATION. The board may certify
persons to be professional instructors when such persons Persons holding a are required to be licensed valid licensed issued by the state of Wisconsin or to hold an equivalent license in other states or, if approved by the board, a comparable license issued by another state and are currently in good standing, and hold a valid license. shall be authorized to instruct subjects in the general professional area covered by the license. To be eligible for professional certification, a qualified instructor must receive: The board shall determine which subjects shall be taught by a licensed professional instructor.
(a) Submit written The endorsement of a chief administrator of a law enforcement agency,
(b) The endorsement of the law enforcement coordinator of a board certified school, or
(c) Approval of the bureau.
(2) TERMS AND CONDITIONS OF PROFESSIONAL CERTIFICATION AUTHORIZATION The term of certification authorization as professional instructor is
5 years from the date of certification. A certification may subsequently be renewed for 5 year periods. For renewal, a person shall receive a favorable recommendation from the director of a certified or approved school or the bureau or a favorable evaluation by a board or bureau member based on on-site classroom evaluation of a presentation by the instructor during the 5 year period of professional authorization valid for the period of the professional state license provided the person is in good standing with the board.
SECTION 11. LES 4.05 and 4.06 are renumbered LES 4.04 and 4.05.
SECTION 12. LES 4.07 is repealed.
SECTION 13. LES 4.08, 4.09 and 4.10 are renumbered LES 4.06, 4.07 and 4.08 and amended to read:
LES 4.06. Schools may use guest instructors with unique qualifications otherwise not available from certified instructors. Those guest instructors shall have generally accepted credentials, statewide or nationally, in the specific subject of their instruction. Schools shall receive prior approval for guest instructors from the bureau. Schools may also use licensed professional instructors, as defined in LES 4.03, for subjects specific to the licensed professional as recognized by the board.
LES 4.07. In an emergency, based on illness or unavailability of the scheduled instructor, schools may substitute instructors they feel to be competent in the area of instruction without prior approval. In the event an instructor is substituted, on an emergency basis, the bureau shall, within 30 days of completion of said instruction, be advised by the school or agency conducting the training of the name and qualifications of the substitute instructor used and the portions of the curriculum the instructor taught.
LES 4.08. The board may accept as satisfactory, without further training a current certification in cardiopulmonary resuscitation or emergency medical technician to instruct in courses for which those certifications are appropriate the qualifications of any person currently meeting Wisconsin Technical College System certification requirements to instruct cardiopulmonary resuscitation or other medical-related subjects in a preparatory course, instructor course or from training guides approved by the board.
Initial Regulatory Flexibility Analysis
Proposed rules of the Law Enforcement Standards Board do not affect small businesses.
Fiscal Estimate
There is no fiscal effect.
Contact Person
Dennis Hanson, Director
Training and Standards Bureau
Wisconsin Department of Justice
123 West Washington Avenue
P.O. Box 7070
Madison, WI 53707-7070
Telephone: 608/266-7864
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
