Date: February 14, 2001
Time: 9:15 A.M.
Location: 1400 East Washington Avenue Room 179A Madison, Wisconsin
Appearances at the Hearing:
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 March 2, 2001 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 450.02 (3) (a) and (e).
Statute interpreted: s. 450.02 (3) (a), (b), (d) and (e).
Under s. Phar 7.05 (3) and (4), a prescription order may be transferred between pharmacies only one time. The Pharmacy Examining Board amends its rules to permit an unlimited number of transfers between pharmacies. For example, a consumer may have a prescription order for medication with five refills that is originally presented and filled at a Milwaukee pharmacy. If the consumer goes on vacation in Door County and finds he or she requires a refill while there, the consumer can have the prescription order “transferred" to a Door County pharmacy for dispensing a refill. However, under the current one-time transfer rule, when the consumer returns to Milwaukee he or she will need a new prescription order for the medication, because the prescription cannot be transferred back to the original pharmacy even though there are refills remaining. The board believes the rule should be modified to rectify these types of situations.
The current reference to the transfer of an original prescription order is removed and modifies the one-time transfer limitation to permit unlimited transfer with the restriction that the transfer of original prescription order information for the purpose of renewal dispensing of controlled substances is only permitted between two pharmacies on a one-time basis. The controlled substance one-time transfer restriction does not apply where pharmacies have access to a common central processing unit, and approval is received from the Pharmacy Examining Board.
Text of Rule
SECTION 1. Phar 7.05 (3) (a) (intro.) is amended to read:
Phar 7.05 (3) (a) (intro.) Except as provided in sub. (5), the transfer of original prescription order information for the purpose of renewal dispensing is permissible between
2 pharmacies on a one-time an unlimited basis pursuant to the following requirements:
SECTION 2. Phar 7.05 (3) (b) 4. is repealed.
SECTION 3. Phar 7.05 (3) (b) 6. is amended to read:
Phar 7.05 (3) (b) 6. The pharmacy's name, address, the original prescription order number from which the prescription order information was transferred.
SECTION 4. Phar 7.05 (3) (b) 8. is created to read:
Phar 7.05 (3) (b) 8. The name, address and telephone number of the pharmacy from which the original prescription order was transferred if different from subd. 6.
SECTION 5. Phar 7.05 (3) (c), (5) and (6) (intro.) are amended to read:
Phar 7.05 (3) (c) The original and transferred prescription order orders shall be maintained for a period of 5 years from the date of the last renewal.
(5) Pharmacies The transfer of original prescription order information for the purpose of renewal dispensing of a controlled substance is permissible between 2 pharmacies only on a one-time basis. However, pharmacies having access to a common central processing unit are not limited in the transfer of original prescription order information pertaining to controlled substances for the purpose of renewal dispensing if prior written approval is received from the board.
(6) (intro.) A computerized system may be used for maintaining a record, as required under this section, of prescription dispensing and transfers of original prescription order information for the purposes of renewal dispensing, if the system:
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.
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 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, Wisconsin 53708 (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), 444.02 and 444.05, Stats., and interpreting ss. 444.02, 444.03, 444.06, 444.09, 444.10, 444.11 and 444.12, the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to revise chs. RL 110 to 114, relating to the regulation of professional boxing.
Hearing Date, Time and Location
Date: February 14, 2001
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
Room 133
Madison, Wisconsin
Appearances at the hearing:
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 March 2, 2001 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 227.11 (2), 444.02 and 444.05.
Statutes interpreted: ss. 444.02, 444.03, 444.06, 444.09, 444.10, 444.11 and 444.12.
SECTION 1 defines “technical knock-out" to include situations when a boxer discontinues boxing or a referee terminates the bout because the boxer is incapable of continuing. SECTION 1 also defines “10-point must scoring," a scoring system used by the judges at a professional boxing show.
SECTION 2 requires licensed boxing officials to comply with the federal Professional Safety Act which was enacted several years ago and amended in 2000. The Act grants authority and responsibilities to the entity authorized in each state to regulate professional boxing in that state.
SECTION 2 also creates a note that provides a citation for the Professional Boxing Safety Act.
SECTION 3 amends a section title to more appropriately identify the contents of that section.
SECTION 4 requires promoters to include in an application for a permit to conduct a professional boxing show information about the number of rounds for which each bout is scheduled.
SECTIONS 5 and 6 expand the reasons for which an application for a permit to conduct a professional boxing show may be denied. The additional reasons include having a license suspended or revoked in another state, having certain medical problems and falsifying information provided to the department. The changes correspond with causes for denial stated in the Professional Boxing Safety Act.
SECTION 7 requires that professional bouts be judged by 3 judges whose names must be submitted to the department by a promoter. SECTION 7 also permits the department to allow a professional boxing club to assign the judges and it authorizes the department to refuse to approve certain persons to act as a judge for lack of competence, a conflict of interest or disciplinary action against the person in Wisconsin or another state.
SECTION 8 requires judges to use the 10-point must scoring system.
SECTION 9 Removes the prohibition against ropes made of metal. The rule does require that the ropes be wrapped with soft material.
SECTION 10 distinguishes between male boxers and female boxers, as well as heavier and lighter boxers, relating to the weight of gloves to be used in a bout.
SECTION 11 replaces the current provision concerning hand bandages with language suggested by the Association of Boxing Commissions, which is identified in the Note at SECTION 28.
SECTION 12 requires hand bandages to be put on under the supervision of a representative of the department. A representative of the opposing boxer may also be present.
SECTION 13 prohibits boxers to use cosmetics or an excessive amount of Vaseline.
SECTION 15 requires boxers to wear a form-fitted mouthpiece during a bout. A referee may deduct points from a boxer who fails to comply.
SECTION 16 requires a boxer at a professional show who participate in a sparring bout to wear headgear.
SECTION 17 describes the medications that a boxer's seconds may use when the boxer has sustained a cut.
SECTION 18 prohibits a male and a female boxer to compete against each other in a boxing show.
SECTION 19 states that the same weight differences between boxers apply for both male and female boxers.
SECTION 20 states that female boxers may be scheduled for no more than ten 2-minute rounds with a one-minute rest between rounds. Male boxers may be scheduled for no more than twelve 3-minute rounds with a one-minute rest between rounds. These differences were recommended by the Association of Boxing Commissions.
SECTION 21 prohibits a second from attempting to stop a bout by throwing a towel or anything else into the ring.
SECTION 22 amends the language pertaining to injuries sustained by fouls. This SECTION distinguishes between an intentional foul and an accidental foul. This SECTION provides guidance to the referee and judges concerning the action to be taken following a foul and how the bout should be scored. This SECTION also includes requirements relating to the deduction of points from the boxer who caused an intentional foul and it states that the winner will be declared as such by a “technical decision."
SECTION 23 requires a mandatory 8 count when a boxer is down. The referee shall continue to count, even if the bell sounds, indicating the end of the round.
SECTION 24 states that a referee may not stop a bout solely because a boxer has been knocked down 3 times in one round.
SECTION 25 prohibits a boxer who was knocked out from participating in competitive boxing or sparring for a period of at least 60 days. A boxer who sustained a technical knock-out may not participate in competitive boxing or sparring for a period of at least 30 days. Other timelines are specified for boxers who have been knocked out several times within certain time periods.
SECTION 26 requires a boxer who sustained a technical knock-out to undergo a medical procedure or examination, as recommended by the ringside physician and prescribed by the department, before being permitted to box again.
SECTION 27 states that a bout that is terminated by the ringside physician shall be scored as a technical knock-out.
SECTION 28 permits the department to make exceptions to certain rules for a bout that has been designated a championship bout and to substitute the currently-approved “Unified Championship Rules" of the Association of Boxing Commissions. SECTION 28 also creates a note concerning the authority and address of the Association of Boxing Commissions.
SECTION 29 prohibits a second to give a boxer a stimulant during a bout and permits the department to require a boxer to submit to a drug test or HIV exam before a scheduled bout.
Text of Rule
SECTION 1. RL 110.02 (10) and (11) are created to read:
RL 110.02 (10) “Technical knock-out" means that a boxer loses a bout because the boxer discontinues boxing for any reason or because the referee terminates the bout because the boxer is defenseless or incapable of continuing. “Technical knock-out" does not include a situation when a boxer is down for a 10-count by the referee.
(11) “10-point must scoring system" means a system for scoring each round of a bout in such a way that the winner is awarded 10 points and the loser is awarded 9 points or less. Under this system each judge renders his or her score to the official scorekeeper for a round by round tally of points for each boxer. At the end of the bout, the scorekeeper adds the points that each judge gave for each boxer for each round. The winner of the bout is the boxer who receives the higher score from a majority of the judges.
SECTION 2. RL 110.025 and Note are created to read:
RL 110.025 Compliance with federal laws. Professional clubs, promoters, seconds and boxers shall comply with the professional boxing safety act and provide the department with information, copies of documents, identification cards, copies of contracts, disclosures and notifications, as required by the Act.
Note: The Professional Boxing Safety Act may be found in 15 USC 6301 et seq.
SECTION 3. RL 110.03 (title) is amended to read:
RL 110.03 (title) Professional club record license.
SECTION 4. RL 110.04 (1) (em) is created to read:
RL 110.04 (1) (em) The number of rounds for which each bout is scheduled.
SECTION 5. RL 110.04 (2) (intro.) is amended to read:
RL 110.04 (2) (intro.) After receipt of an application for a permit to conduct a professional boxing show, the department may deny the application if the applicant does not provide all the required information, if the department does not have a referee, inspector or ringside physician available on that date or if one or more boxers are not licensed or otherwise eligible to fight, due to failure to comply with conditions in s. RL 114.06. The department may grant a permit for the show, but withhold approval of one or more boxers to fight in the show or due to being under a suspension or revocation order issued by another licensing jurisdiction for one of the following reasons:
SECTION 6. RL 110.04 (2) (a) to (d) are created to read:
RL 110.04 (2) (a) A recent knock-out or series of consecutive losses.
(b) An injury, a requirement for a medical procedure, or a physician's denial of certification.
(c) Failure of a drug test.
(d) The use of false aliases, or falsifying, or attempting to falsify, official identification cards or documents issued pursuant to ch. 444, Stats., or 15 USC s. 6305.
(e) Unprofessional conduct or other inappropriate behavior inconsistent with generally accepted methods of competition in a professional boxing show.
