Current rules for the Examining Board of Professional Geologists, Hydrologists and Soil Scientists do not permit the formation of a rules committee to act for the Board in rule-making proceedings. The objective of the rule is to authorize the Board to form a rules committee. The Board may currently approve and adopt rules proposed by any section of the Board. A rules committee would better enable the Board to develop and refine rules proposed by the sections or the Board. This would meet the objective of standardizing the rules development process between the sections of the Board and provide for greater efficiency.
The proposed rule would consist of two sections. The first section would permit the Board to approve and adopt rules proposed by any section of the Board. The second section would define the composition of a rules committee and provide that the rules committee shall act for the Board in rule-making proceedings except for final rule adoption.
Text of Rule
SECTION 1. GHSS 1.07 is created to read:
GHSS 1.07 Rule-making. (1) PROCEDURE. The board may approve and adopt rules proposed by any section of the board.
(2) RULES COMMITTEE. (a) The rules committee is comprised of one professional member from each section and 2 public members. The board chair shall appoint the 2 public members from any of the 3 sections of the board.
(b) The rules committee shall act for the board in rule-making proceedings except for final approval as specified in sub. (1).
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
Dept. of Regulation and Licensing
Office of Administrative Rules
1400 East Washington Ave., 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) and 440.03, Stats., and interpreting s. 440.03 (1), 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 s. RL 7.06 (1) (d) and (2) (d); to renumber and amend s. RL 7.06 (1) (e) and (2) (e); to amend ss. RL 7.04 (1) (e) and 7.05 (1) (d); and to create s. RL 7.11 and Appendix II of Chapter RL 7, relating to standards for approved drug testing programs.
Hearing Information
The public hearing will be held as follows:
Date & Time Location
October 30, 2000 Room 133
Monday 1400 East Washington Ave.
10:00 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, October 30, 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) and 440.03
Statute interpreted: s. 440.03 (1)
Currently there is no uniformity concerning the collection of specimens, the transfer of specimens to testing laboratories, the integrity of the chain of custody, appropriate drug panels for medical professionals, true randomization of selection of specimen drop occasions and prompt and accurate reporting of test results for drug testing of professionals regulated by the Department. The proposed standards would insure that these variables in the testing program are minimized, thus offering greater protection to the public and greater fairness to participants. Just as important, the proposed standards require the professional to contact the testing program on a daily basis without the intermediary of counselors and therapists. This will encourage personal responsibility and avoid inefficiencies and reporting delays which often occur under the present system. Finally, the proposed standards offer the public more protection by allowing the Department to enlarge and tailor the drug testing panels in light of the special opportunities available to medical professionals for access and abuse of pharmaceuticals. It is anticipated that economies of scale will also be encouraged by this program, which will ease the cost for participants in drug screening programs.
Text of Rule
SECTION 1. RL 7.04 (1) (e) is amended to read:
RL 7.04 (1) (e) Submit random monitored blood or urine samples for the purpose of screening for alcohol or controlled substances provided by a drug testing program approved by the department, as required.
SECTION 2. RL 7.05 (1) (d) is amended to read:
RL 7.05 (1) (d) An agreement to submit to random monitored drug screens provided by a drug testing program approved by the department at the credential holder's expense, if deemed necessary by the board liaison.
SECTION 3. RL 7.06 (1) (d) is repealed.
SECTION 4. RL 7.06 (1) (e) is renumbered RL 7.06 (1) (d) and amended to read:
RL 7.06 (1) (d) The facility, through the credential holder's supervising therapist, agrees to file reports as required, including quarterly progress reports and immediate reports if a credential holder withdraws from therapy, submits a positive blood or urine screen, relapses, or is believed to be in an unsafe condition to practice.
SECTION 5. RL 7.06 (2) (d) is repealed.
SECTION 6. RL 7.06 (2) (e) is renumbered RL 7.06 (2) (d) and amended to read:
RL 7.06 (2) (d) Agrees to file reports as required to the coordinator, including quarterly progress reports and immediate reports if a credential holder withdraws from therapy, submits a positive blood or urine screen, relapses, or is believed to be in an unsafe condition to practice.
SECTION 7. RL 7.11 is created to read:
RL 7.11 Approval of drug testing programs. The department shall approve drug testing programs for use by credential holders who participate in drug and alcohol monitoring programs pursuant to agreements between the department or boards and credential holders, or pursuant to disciplinary orders. The standards for approval of drug testing programs are at Appendix II.
SECTION 8. Appendix II of Chapter RL 7 is created to read:
Chapter RL 7
APPENDIX 2
DRUG TESTING PROGRAM
STANDARDS FOR APPROVAL OF PROGRAMS
To be approved as a drug testing program for the Department of Regulation and Licensing, programs must satisfactorily meet all of the following standards:
A. Program Administration Requirements
1. The drug-testing program (program) shall enroll participants (donors) by assigning the donor an account number, a Private Identification Number (PIN) and establish a method of payment with the donor. No costs are to be incurred by the department.
2. The program shall provide the donor with an adequate supply of preprinted chain of custody forms and notify the donor when additional forms must be purchased.
3. The program shall provide the donor with the address and phone number of the nearest collection site. The program shall assist the donor in locating a qualified collection site when traveling outside their home area.
4. Once enrollment is complete, random selection shall begin immediately and the program shall notify the designated department staff person that selection has begun.
5. The program shall maintain a nationwide 800 number capable of processing 300-500 department calls per day that is operational 24 hours per day, 7 days per week, including holidays. In the alternative, this requirement may be met by providing random notification to donors through a secure Internet website.
6. The 800 number or secure website shall be accessible for donors to contact daily and provides for computer randomization of each participant that automatically designates whether the donor must provide a specimen, based on a frequency determined by the department.
7. The program shall maintain data that is updated on a daily basis verifying the date and time each donor was notified, date, time and location each specimen was collected, results of drug screen and whether or not the donor complied as directed.
8. The program shall make available through secure Internet access data that is updated on a daily basis such as notification times, noncompliance to notification procedures, day, time and site of each collection performed along with the drug test results.
9. The program must utilize appropriate internal (e.g., test call-ins, record audits, off-site computer backups, etc.) and external (e.g., random checks of collection sites, control specimens routed through courier service to laboratory, etc.) quality controls.
10. The program shall maintain the confidentiality of donors in accordance with federal confidentiality regulations.
11. The program shall not sell or otherwise transfer or transmit names and other personal identification information of the credential holders to other persons or entities without permission from the department. The program will not solicit from credential holders presently in the monitoring program or formerly in the monitoring program or otherwise contact credential holders except for purposes consistent with administering the program and only with permission from the department.
12. The program shall provide a detailed inventory of all services and supplies that are included in the standard fee paid by the donor. The program will clearly inform donors of the bundled cost for each drug screen that includes the cost for program administration, collection, transportation, analysis, reporting and confirmation. Cost should not include Medical Review Officer (MRO) review.
13. The program shall provide the department with at least three (3) references of current businesses that use its services with the names and phone numbers of contact people.
14. The program shall immediately report to the department if the program, laboratory or any collection site fails to meet these standards. The department reserves the right to remove a program from the approved list if the program fails to comply with the standards.
15. The program shall make available expert testimony, at a reasonable cost, regarding the drug-testing program. The cost for this service shall be part of the costs of investigation incurred by the department. The program shall make litigation services available for five (5) years after the termination of the agreement.
16. The program must agree to protect the contents of all drug panels and not disclose the contents to donors. The program must also obtain agreement from the laboratory to protect the contents of all drug panels and not disclose the contents to donors.
B. Collection Site Administration
1. The program will locate, train and monitor all collection sites per industry standards for drug test collections. The program will locate new collections sites as needed as well as locate sites for donors who travel out of state. The program shall make special effort to locate collection sites open 24 hours per day that utilize the U.S. Department of Transportation collection protocol.
2. The program shall provide donors and employers of donors with assistance on a 24-hour/day basis if collection is needed for cause.
3. The program shall provide the department with a list of collection sites within Wisconsin that utilize the U.S. Department of Transportation collection protocol.
