P.O. Box 7921
Madison, WI 53707
Phone: (608) 266-7718
FAX: (608) 267-0660
Fiscal Estimate
There is no fiscal effect.
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), 227.11 (2) and 450.02 (3) (a), Stats., and interpreting ss. 450.02 (3) (a) and (e), and 961.31, Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal s. Phar 8.05 (6); and to amend s. Phar 8.05 (1) and (7), relating to the dispensing of controlled substances.
Hearing Information
The hearing will be held as follows:
Date and Time Location
July 11, 2000 Room 179A
Tuesday 1400 East Washington Ave.
9:15 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 Tuesday, July 25, 2000 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 (3) (a), Stats.
Statutes interpreted: ss. 450.02 (3) (a) and (e), and 961.31, Stats.
The objective of amending s. Phar 8.05 (1) and (7), and repealing s. Phar 8.05 (6), is to conform with the federal controlled substances prescription rules codified at 21 CFR 1306.05. The amended rules will allow the pharmacist, after consultation with the prescriber or the patient, to add, modify or clarify certain required elements necessary for a valid controlled substances prescription order. The rule would also modify the terminology for the required elements to correspond with their federal rule counterparts.
Section 1 amends the provision to define the required elements for a valid prescription order for a controlled substance to correspond with the federal rule counterparts.
Section 2 repeals a provision that is no longer required.
Section 3 amends a provision to delineate the required elements that may be supplied to a prescription order for controlled substances and the permitted means of obtaining the information required for those elements.
Text of Rule
SECTION 1. Phar 8.05 (1) is amended to read:
Phar 8.05 (1) All controlled substance prescription orders shall be dated as of, and signed on, the day issued and shall contain the full name and address of the patient, the drug name, strength, dosage form, quantity prescribed, directions for use and the name, address and registration number of the practitioner, the name and quantity of the drug prescribed, and the directions for use. Prescription orders shall be written with ink or indelible pencil or be typewritten and shall be signed by the practitioner. Orders for controlled substances may be issued only by individual practitioners who are authorized to prescribe controlled substances by the jurisdiction in which he or she is licensed to practice and registered or exempt from registration under the federal controlled substances act.
SECTION 2. Phar 8.05 (6) is repealed.
SECTION 3. Phar 8.05 (7) is amended to read:
Phar 8.05 (7) Except as provided in this subsection, a A prescription order for a controlled substance may not be dispensed unless the prescription order contains all of the information required in sub. (1). A After consultation with the prescribing practitioner, a pharmacist may supply any information missing from a prescription order add, modify or clarify the strength, dosage form, quantity prescribed and directions for use for a schedule
II, III, IV or V controlled substance that is verifiable and retrievable from information maintained by the pharmacist or that is obtained through consultation with a practitioner, with the exception of the patient's name, the controlled substance prescribed, except for generic substitution as permitted by law, and the prescribing practitioner's signature. A pharmacist may supply the address of the patient and the registration number of the practitioner missing from a prescription order for a schedule II controlled substance
add, modify or clarify any other information required in sub. (1) if that information is verifiable and retrievable from information maintained by the pharmacist or is obtained through consultation with the practitioner or the patient. The prescription order shall be initialed and dated by the pharmacist and shall indicate the addition, modification or clarification of information and the manner by which the pharmacist obtained that information.
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: $0.00.
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 Hearing
Regulation and Licensing
Notice is hereby given that pursuant to authority vested in the Department of Regulation and Licensing in ss. 227.11 (2), 452.04, 452.05 and 452.07, Stats., and interpreting ss. 452.025, 452.10, 452.12, 452.133, 452.135 and 452.14, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to repeal ss. RL 17.02 (3) and 17.09; to renumber and amend ss. RL 24.05 (5) and 24.12; to amend ss. RL 17.02 (3) and (5), 17.03 (title), (2), (3) and (4), 17.04, 17.05 (1) and (2), 17.06, 17.08 (1), 17.12 (1), the Note following s. RL 24.03 (1), 24.04 (2) (a) and (b), 24.07 (8) (a) 2. (intro.), a. and c., and 24.13 (3) (b), (5) (title) and (5); and to create ss. RL 17.02 (3g) and (3k), 25.05 (5) (a) 1., 2., 3., (b), 24.12 (2), and the Note following s. RL 24.13 (5), relating to real estate education requirements.
Hearing Information
The hearing will be held as follows:
Date and Time Location
July 27, 2000 Room 180
Thursday 1400 East Washington Ave.
10:15 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 Monday, August 14, 2000, to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 227.11 (2), 452.04, 452.05 and 452.07
Statutes interpreted: ss. 452.025, 452.10, 452.12, 452.133, 452.135 and 452.14
This proposed rule-making order was prepared with the assistance, review and recommendations of the Real Estate Board.
This rule proposal amends, creates and repeals certain definitions in ch. RL 17.
The proposal ascertains that provisions in ch. RL 17 that are applicable to time-share salespersons clearly indicate time-share salespersons, not just brokers and salespersons who are employed by a broker.
The proposal amends s. RL 24.04, relating to advertising requirements. The proposal clarifies an issue that has been unclear, that is, the fact that a licensee renting his or her own property is not required to disclose his, her or its name. When a licensee rents a property owned by the licensee, the licensee is not acting under a real estate license held by the licensee.
The proposal retains the general principle of confidentiality of offers to purchase; however, it amends s. RL 24.12 to require licensees to disclose to all persons seeking to acquire an interest subject to the right of first refusal the fact that there is a right of first refusal.
The proposal amends s. RL 24.13 (5), a current rule that requires licensees to negotiate, submit offers and submit leases to a seller through the seller's listing broker, and extends this same type of requirement to a buyer's broker. All negotiations, offers and leases must be channeled through the buyer's broker. A few exceptions remain in the current rule.
Text of Rule
SECTION 1. RL 17.02 (3) is amended to read:
RL 17.02 (3) “Broker-employer" means a sole proprietor or business entity that employs another broker or salesperson licensee to provide services to the broker.
SECTION 2. RL 17.02 (3g) and (3k) are created to read:
RL 17.02 (3g) “Immediate family" means any of the following:
(a) Parents, stepparents, grandparents, foster parents, children, stepchildren, grandchildren, foster children, brothers and their spouses, sisters and their spouses, of a licensee or a licensee's spouse.
(b) The spouse of a licensee.
(c) Aunts and uncles, sons-in law or daughters-in-law of a licensee or a licensee's spouse.
(3k) “Licensee" has the meaning under s. 452.01 (5), Stats.
