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 Phar 8.05 (6) is repealed.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.
SECTION 3. RL 17.02 (5) is amended to read:
RL 17.02 (5) “Unlicensed personal assistant" means a person not licensed under ch. 452, Stats., or a person who is licensed but not employed for the purpose of providing services for which a licensee is required under ch. 452, Stats., who on behalf of and under the direction of a licensee, provides the licensee with administrative, clerical or personal services for which a license under sh. 452, Stats., is not required.
SECTION 4. RL 17.03 (title), (2), (3) and (4) are amended to read:
RL 17.03 Limitations on broker and salesperson employes of a broker.
(2) A broker or salesperson licensee who is employed by a broker-employer may personally employ licensed persons only as unlicensed personal assistants within the meaning of s. RL 17.02 (5), subject to the provisions in s. RL 17.12.
(3) A broker or salesperson licensee may be employed by only one broker-employer at any time.
(4) A salesperson or time-share salesperson may engage in real estate practice only when employed by a broker.
SECTION 5. RL 17.04 is amended to read:
RL 17.04 Notice of employment. A broker or salesperson licensee who wishes to engage in real estate practice as an employe of a broker-employer shall notify the department of the name of the broker-employer on forms prescribed by the department. If this notice is provided at the time of application for original licensure, the department may not charge a fee in addition to the fee specified in s. 440.05 (1), Stats. If the notice is provided other than at the time of application for original licensure, the licensee shall pay the fee specified in s. 440.05 (7), Stats.
SECTION 6. RL 17.05 (1) and (2) are amended to read:
RL 17.05 (1) A broker or salesperson licensee who wishes to transfer employment from one broker-employer to another shall submit to the department a transfer application accompanied by the fee specified in s. 440.05 (7), Stats.
(2) A broker or salesperson licensee who transfers employment to another broker-employer may not engage in real estate practice for the new employer until the broker or salesperson licensee has delivered or mailed a completed transfer application and the required fee to the department.
SECTION 7. RL 17.06 is amended to read:
RL 17.06 Termination of employment. A broker or salesperson licensee who terminates employment with a broker-employer shall send written notice to the department within 10 days after the termination.
SECTION 8. RL 17.08 (1) is amended to read:
RL 17.08 (1) A broker-employer shall supervise the activities of any broker or salesperson licensee employed by the broker-employer. Supervision includes, but is not limited, to reviewing all listing contracts, offers to purchase, trust account records and other documents related to transactions. A broker-employer may delegate this responsibility to other brokers. Broker-employers shall provide all licensed employes with a written statement of procedures under which the office and employes shall operate with respect to handling leases, listing contracts, offers to purchase and other documents relating to transactions.
SECTION 9. RL 17.12 (1) is amended to read:
RL 17.12 (1) A real estate salesperson or broker-employe licensed employe, prior to employing an unlicensed personal assistant, shall enter into a written agreement with his or her broker-employer, setting forth the duties of the unlicensed personal assistant, the manner in which the personal assistant will be compensated for his or her services and the responsibilities between the salesperson or broker-employe licensed employe and broker-employer for supervision of the personal assistant's activities.
SECTION 10. The Note following s. RL 24.03 (1) is amended to read:
Note: The primary references for federal and state fair housing laws are the 1988 amendments to the Federal Housing Act (Title VII of the Civil Rights Act of 1968) and 1991 Wis. Act 295 Chapter 106, Subchapter II, Stats.
SECTION 11. RL 24.04 (2) (a) and (b) are amended to read:
RL 24.04 (2) (a) A Except for advertisements for the rental of real estate owned by the broker, a broker shall in all advertising disclose the broker's name exactly as printed on the broker's license or disclose a trade name previously filed with the department, as required by s. RL 23.03, and in either case clearly indicate that the broker is a business concern and not a private party.
(b) A broker or salesperson Except for advertisements for the rental of real estate owned by the licensee, a licensee employed by a broker shall advertise under the supervision of and in the name of the employing broker.
SECTION 12. RL 24.05 (5) is renumbered RL 25.05 (5) (a) (intro.) and amended to read:
RL 24.05 Disclosure of licensure. (5) (a) A licensee acting as a principal in a real estate or business opportunity transaction shall disclose his, her, or its license status prior to entering into a binding purchase agreement, option, exchange agreement, lease or other contract creating an interest in the real estate or business opportunity. and intent to act in the transaction as a principal at the earlier of all of the following:
SECTION 13. RL 25.05 (5) (a) 1., 2., 3. and (b) are created to read:
RL 25.05 (5) (a) 1. The first contact with the other party or an agent representing the other party where information regarding the other party or the transaction is being exchanged.
2. A showing of the property.
3. Any other negotiation with the seller or the listing broker.
