NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss.
15.08 (5) (b),
227.11 (2),
450.02 (3) (e),
450.03 (2) and
450.04 (1), Stats and interpreting ss.
450.04 and
450.05, Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
Phar 2.01 (1) and
2.04 (1), relating to examinations for original licensure and for persons licensed in another state.
Hearing Date, Time and Location
Date: September 11, 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 September 25, 2001 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
The objective of this proposed rule-making order is to create consistent licensure requirements with other states that require applicants in certain instances to take and pass the Foreign Pharmacy Graduate Equivalency Examination (FPGEE), the Test of English as a Foreign Language (TOEFL), and the Test of Spoken English (TSE).
Currently, Wisconsin law only requires that an applicant who is a foreign graduate of a school of pharmacy to take and pass the Foreign Pharmacy Graduate Equivalency Examination (FPGEE), offered by the National Association of Boards of Pharmacy, Foreign Pharmacy Graduate Examination Committee (FPGEC). Other states require a foreign graduate of a school of pharmacy to take and pass three examinations, the Foreign Pharmacy Graduate Equivalency Examination (FPGEE), the Test of English as a Foreign Language (TOEFL), and the Test of Spoken English (TSE). Upon successfully taking and passing all three examinations the foreign graduate earns FPGEC Certification. Requiring foreign graduate applicants in Wisconsin to earn FPGEC Certification as a precondition for licensure will allow Wisconsin licensure requirements in this instance to be considered “substantially equivalent" with other states, thus allowing greater mobility for pharmacists with Wisconsin licensure who thereafter seek licensure in other states.
Text of Rule
SECTION 1. Phar 2.01 (1) is amended to read:
Phar 2.01 (1) Has been graduated from a school or college of pharmacy approved by the board or has taken and passed the foreign pharmacy graduate equivalency examination given obtained certification by the foreign pharmacy graduate examination commission committee.
SECTION 2. Phar 2.04 (1) is amended to read:
Phar 2.04 (1) Has been graduated from a school or college of pharmacy approved by the board, or has taken and passed the foreign pharmacy graduate equivalency examination given obtained certification by the foreign pharmacy graduate examination commission committee.
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 Person
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 Proposed Rule-Making
Revenue
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2),
565.01 (4) to
(4g) and
565.10, Stats., and interpreting ss.
565.01 (4),
565.10,
565.12,
565.25 and
565.30, Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Department of Revenue will adopt the following rule as proposed in this notice, without public hearing unless, within 30 days after publication of this notice,
August 15, 2001, the Department of Revenue is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality who 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:
Analysis prepared by the Department of Revenue
The proposed order is intended to improve chs.
Tax 61,
62 and
63 by updating various definitions and terminology, clarifying various provisions, reflecting proper format and providing statutory references throughout the chapters. Additionally, the Wisconsin Lottery is proposing a change in the way in which nonprofit retailer contracts are administered. This change results in a potential for savings to taxpayers in administrative labor and data management activities, as well as allowing for the improvement of Lottery customer service to nonprofit retailers.
SECTIONS 1, 2, 6, 7, 8, 9, 11, 12, 15, AND 25. Tax 61.01, 61.02 (2), 61.04 (1) (intro.), (a) and (e), (3) and (4), 61.05 (1), 61.06(2) and (4), 61.07, 61.09, 61.10, 62.01, 63.01, 63.07 and 63.08 are revised, to update terminology and to reflect proper language and punctuation per Legislative Council Rules Clearinghouse (Clearinghouse) standards.
SECTION 3. Tax 61.02 (3) is repealed, because the term “executive director" is obsolete.
SECTION 4. As a result of the repeal of Tax 61.02 (3), Tax 61.02 (4) to (10) are renumbered Tax 61.02 (3) to (9). As renumbered, subs. (6), (7) and (9) are revised, to update terminology and to reflect proper language and punctuation per Clearinghouse standards.
SECTION 5. Tax 61.03 (1) is revised, to place a mailing address and location in a note rather than in the text of the rule, per Clearinghouse standards.
Tax 61.03 (2) is revised, to update terminology and to provide further clarification of the subsection.
SECTION 10. Tax 61.08 (1), (3), (5), (7), (8), (10), (11) (b) and (e), (13), (14) (b), (bm), (c) and (d), (15), (16), (19), (20) and (21) (intro.) and (a) to (h) are revised, to update terminology and to reflect proper language and punctuation per Clearinghouse standards.
Tax 61.08 (11) (h) is revised, to reflect that it is no longer necessary, but it is permissible, to stamp lottery tickets. Tax 61.08 (15) (c) and (d) are repealed, to remove code that is outdated due to changes in computer-monitored pack return procedures. Tax 61.08 (15) (d) is revised, to eliminate the authority to accept returned packs of tickets for credit after the last date on which it is permitted to sell those tickets.
SECTION 13. Tax 62.02 is repealed and recreated, to add additional definitions relevant to ch. Tax 62.
SECTION 14. Tax 62.20 is revised, to update terminology, to reflect proper punctuation per Clearinghouse standards and to provide further clarification of the subsection.
SECTION 16. Tax 63.02 is repealed and recreated, to add an introduction, to delete obsolete definitions, to add a new definition, to update language and punctuation per Clearinghouse standards, and to revise the definition of “Wisconsin lottery" to reference Tax 61.02 (9).
SECTION 17. Tax 63.03 (1) is revised, to update terminology and to place a mailing address and location in a note rather than in the text of the rule, per Clearinghouse standards.
Tax 63.03 (2) is revised, to update terminology and to provide further clarification of the subsection.
SECTIONS 18, 19 AND 20. Tax 63.04 (1) is revised, Tax 63.04 (2) (intro.) is renumbered Tax 63.04 (2) and revised, and Tax 63.04 (2) (a) and (b) are repealed, to more properly reflect the scope of a certificate of authority, in compliance with s. 565.10 (12), Stats. This significantly improves the method for administering non-profit retailer contracts while generating savings in cost and time for both the lottery and non-profit organizations. The limits of 26 events and 1 special event or of 2 special events per retailer are repealed, and replaced by administrative control on the locations at which a non-profit may conduct events for the 3-year duration of a contract. This proposed change results in operational efficiency for the lottery. It also allows non-profit retailers the opportunity to utilize pre-approved alternative locations in a case where unforeseen circumstances such as weather cause a scheduled event or special event to be canceled or relocated.
SECTION 21. Tax 63.04 (3) is revised, to remove an outdated policy relating to charging a fee for obtaining a duplicate certificate of authority.
Tax 63.04 (4) is revised, to update terminology.
Tax 63.04 (5) is revised, to remove fee statements that are no longer applicable and to update procedures relating to amending a retailer contract.
SECTION 22. Tax 63.06 (1), (3), (5), (7), (8) (b), (c) and (d), (9), (10) and (11) (a) are revised, to update terminology and to reflect proper language and punctuation per Clearinghouse standards.
Tax 63.06 (2) is revised, to provide procedures for amending a list of contract locations.
Tax 63.06 (6) is revised, to update language per Clearinghouse standards and to reflect that a certificate is to be displayed at every event or location, not just at every event.
Tax 63.06 (8) (g) is revised, to reflect that it is no longer necessary, but it is permissible, to stamp lottery tickets.
SECTION 23. Tax 63.06 (11) (c) is repealed and recreated, to reflect a change in position that certain lottery tickets may be returned by a retailer, and to indicate the circumstances under which they may be returned.
SECTION 24. Tax 63.06 (11) (d), (12), (13), (14) and (15) (intro.), (a), (e), (f), (g) and (h) are revised, to update language per Clearinghouse standards and to clarify the manner in which retailers are responsible for redeeming break-open tickets for players.
ALL APPLICABLE SECTIONS. In addition to the revisions described above, notes are added at the end of each section in chs.
Tax 61,
62 and
63, to cite the statutes that each section interprets.
SECTION 1. Tax 61.01 is amended to read:
Tax 61.01 Purpose. The purpose of this chapter is to provide the executive director administrator with the procedure and criteria for selecting retailers to sell lottery tickets, to establish the retailer's duties and obligations under the contract, to provide the executive director
administrator with the procedure and criteria to terminate or suspend the retailer's contract , and to provide the applicant and retailer an appeal procedure if a contract is denied or a contract is terminated or suspended
Note to Revisor: Insert the following note at the end of Tax 61.01:
SECTION 2. Tax 61.02 (2) is amended to read:
Tax 61.02 (2) "Commencement of a game" means the date, designated by the executive director administrator, on which lottery tickets for a particular instant scratch lottery game shall go on sale to the general public.
SECTION 3. Tax 61.02 (3) is repealed.
SECTION 4. Tax 61.02 (4) to (10) are renumbered Tax 61.02 (3) to (9). As renumbered, Tax 61.02 (6), (7) and (9) are amended to read:
Tax 61.02 (6) “Selling location" means each cash register at a Wisconsin lottery retail outlet where a lottery ticket is sold.
(7) "Settlement date" means the date, designated by the executive director administrator, by which the retailer is to return unsold instant scratch tickets for a particular game.
(9) "Wisconsin lottery" means the commission, appointees, staff , and employees who administer the state lottery the department of revenue Wisconsin lottery division, the executive assistant, the secretary or the deputy secretary of revenue.
Note to Revisor: Insert the following note at the end of Tax 61.02:
SECTION 5. Tax 61.03 is amended to read:
Tax 61.03 Procedure for selecting and renewing contracting retailers. (1) Any person may apply for a contract to sell lottery tickets by submitting to the Wisconsin lottery a completed application for a lottery retail sales contract. Applications are available upon request by writingcontacting the Wisconsin Lottery, 1802 West Beltline Highway, P.O. Box 8941, Madison, WI 53708-8941 lottery. A nonrefundable check for $75.00 made payable to the Wisconsin lottery shall accompany each application for a contract. A nonrefundable electronic fund transfer or check for $25.00 made payable to the Wisconsin lottery shall accompany each application for a contract renewal.
Note to Revisor: Insert the following note at the end of sub. (1):
Note: Applications and application fees should be mailed or delivered to Wisconsin Lottery, 2135 Rimrock Road, PO Box 8941, Madison WI 53708-8941.
(2) The
executive director administrator shall examine the completed application, and based on criteria under s.
565.10 (2) to
(5), Stats., and s.
Tax 61.04 (1), shall either grant
a contract or deny the application. The
executive director administrator shall
either grant
the contract or deny the
applicant a contract application within 35 business days after
receipt by the Wisconsin lottery
of receives the completed application and application fee under sub. (1) or
within 35 business days after the
completion of administrator completes a credit check under s.
Tax 61.04 (1) (a), whichever is later.
Note to Revisor: Insert the following note at the end of Tax 61.03:
SECTION 6. Tax 61.04 (1) (intro.), (a) and (e), (3) and (4) are amended to read:
Tax 61.04 (1) (intro.) In addition to the criteria under s.
565.10 (1) to
(5), Stats., the
executive director
administrator shall determine if the applicant meets all of the following
conditions:
(a) The applicant or the applicant's business shall satisfactorily pass a credit check by the executive director administrator.
(e) The applicant may not be an employee or member of the commission or reside in the same household with a member or employee of the commission of the department of revenue Wisconsin lottery division, or the executive assistant, the secretary or the deputy secretary of revenue, per s.565.05 (1) (b).
(3) If the executive director administrator finds that there are so many qualified applicants in a given geographic area of the state that, if all those applicants would be granted contracts to sell lottery tickets, there would be an undue concentration of such retailers selling lottery tickets in that area, the executive director will administrator shall perform market evaluations on the retail establishments seeking a contract. Contracts shall only be granted to those retailers achieving the highest marketing evaluation score until the undue concentration is eliminated. The executive director administrator shall, however, grant a sufficient number of contracts in a given area to serve public convenience.
(4) (intro.) Any applicant or group of applicants, who has a physical or mental disability which that constitutes or results in a substantial handicap to the applicant's employment , may be awarded a contract exclusively to sell lottery tickets if each such applicant or group of applicants each meet the applicant meets all of the following conditions:
(a) Each applicant shall include includes with the retailer application a letter from the Wisconsin division of vocational rehabilitation verifying that the applicant's disability is a substantial handicap to employment ; .
(b) Each applicant meets all other criteria under subs. (1) through (3); and to (3).
(c) The commission approves the Each applicant's or the group's contract is approved by the Wisconsin lottery.
Note to Revisor: Insert the following note at the end of Tax 61.04:
