SECTION 1. Phar 1.02 (3c) and (4c) are created to read:
Phar 1.02 (3c) “Direct supervision" means immediate on premises availability to continually coordinate, direct and inspect at first hand the practice of another.
SECTION 2. Phar 1.02 (4e) is created to read:
Phar 1.02 (4e) “Internship in the practice of pharmacy" means completion of a minimum of 1500 hours in aggregate of any one or more of the following:
(a) A practical experience program consisting of the practice of pharmacy sponsored by a professional bachelor's of science degree in pharmacy or doctor of pharmacy degree granting institution located in this or another state.
(b) The practice of pharmacy by a person who has successfully completed his or her second year in and is enrolled at a professional bachelor's of science degree in pharmacy or doctor of pharmacy degree granting institution located in this or another state whose practice of pharmacy is limited to performing duties under the direct supervision of a supervising pharmacist, which is not acquired in a practical experience program described in par. (a). The supervising pharmacist shall keep a written record of the hours and location worked by an intern under his or her direct supervision.
(c) For a person who has first filed an application with the board for original licensure under s.
Phar 2.02 and has supplied to the board evidence of having obtained certification by the foreign pharmacy graduate examination committee, the practice of pharmacy which is limited to performing duties under the supervision of a supervising pharmacist. Prior to performing duties as an intern or to receiving credit for hours in an internship in the practice of pharmacy under this section, the supervising pharmacist shall be disclosed in the initial application and any change of a supervising pharmacist shall be disclosed to the board prior to further performing duties constituting the practice of pharmacy as an intern. Upon completing a maximum of 2000 hours of the practice of pharmacy under this paragraph the internship is terminated and a person shall not further engage in the practice of pharmacy until obtaining licensure from the board.
(d) For a person who has first filed an application with the board for original licensure under s.
Phar 2.02 and has supplied to the board evidence of having been graduated from a professional bachelor's of science degree in pharmacy or doctor of pharmacy degree granting institution located in this or another state, the practice of pharmacy which is limited to performing duties under the supervision of a supervising pharmacist. Prior to performing duties as an intern or to receiving credit for hours in an internship in the practice of pharmacy under this section, the supervising pharmacist shall be disclosed in the initial application and any change of a supervising pharmacist shall be disclosed in the initial application and any change of a supervising pharmacist shall be disclosed to the board prior to further performing duties constituting the practice of pharmacy as an intern. Upon completing a maximum of up to 2000 hours of the practice of pharmacy under this paragraph, the internship is terminated and a person shall not further engage in the practice of pharmacy until obtaining licensure from the board.
(e) Practical experience acquired in another state which is comparable to that described in par. (a). In determining comparable practical experience the board shall consider the duties performed constituting the practice of pharmacy as described in s.
450.01 (16), Stats.
SECTION 3. Phar 1.02 (14m) is created to read:
Phar 1.02 (14m) “Supervising pharmacist" means a pharmacist who has responsibility for supervising an intern in the practice of pharmacy.
SECTION 4. Phar 2.01 (2) is amended to read:
Phar 2.01 (2) Has completed an internship program approved by the pharmacy internship under s.
450.045, Stats in the practice of pharmacy.
SECTION 5. Phar 2.02 (1) (d) is renumbered Phar 2.02 (1) (e).
SECTION 6. Phar 2.02 (1) (d) is created to read:
Phar 2.02 (1) (d) Evidence of having completed an internship in the practice of pharmacy which shall consist of one or more of the following:
1. A statement from the dean of the school of pharmacy or the academic records office of the respective educational institution certifying the number of hours that the applicant has successfully completed in a practical experience program described in s.
Phar 1.02 (4e) (a).
2. A statement from a supervising pharmacist certifying the number of hours that the applicant was supervised by that supervising pharmacist in an internship in the practice of pharmacy described in s.
Phar 1.02 (4e) (b),
(c) and
(d).
3. Verification of practical experience acquired by the applicant in another state as described in s.
Phar 1.02 (4e) (e), which is approved and verified by the board or by the agency which is the equivalent of the board in the state in which the practical experience was acquired.
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 Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1),
227.11 and
343.02, Stats., and interpreting ss.
343.23 (2),
344.01 to
344.27, and
346.70, Stats., the Department of Transportation will hold a public hearing to consider the amendment of ch.
Trans 100, Wis. Adm. Code, relating to safety responsibility and damage judgment suspension of operating privileges and vehicle registration.
Hearing Date, Time and Location
Date: January 28, 2002
Time: 9:00 a.m.
Location: Hill Farms State Transportation Building
4802 Sheboygan Avenue
Room 394
Madison, Wisconsin
Appearances at the Hearing:
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business February 1, 2002, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Pat McCallum, Section Chief, Traffic Accident Section, Room 804, P. O. Box 7919, Madison, WI 53707-7919. Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule.
This proposed rule making rewrites much of ch.
Trans 100 to incorporate changes in procedures mandated by
1997 Wis. Act 84, and to bring the chapter up to current drafting standards. In general, this rule making codifies many DMV practices and procedures that are used in the administration of the safety responsibility laws.
The definition of “accident" changed to carry over the exception for parked vehicles formerly contained in s.
Trans 100.02 (3) remains in the law.
Section
Trans 100.025 is created to clarify the circumstances under which the DMV will consider a vehicle to have been involved in an accident. These criteria have been applied by DMV for years in determining whether a vehicle or person was involved in an accident, and are codified in this rule making for clarity. Vehicles or persons are considered to have been involved in an accident if:
•They are injured or damaged in the accident, they contribute to causing the accident.
•They cause damage to another person or property.
• The vehicle is damaged because of a mechanical failure while being driven.
• Something falls from the vehicle and causes an accident.
• The vehicle moves to avoid debris or strikes debris and causes an accident.
• The vehicle moves without being driven, such as situations where parking brakes fail, and causes an accident.
• Where doors or a load extend from a parked vehicle into a traffic lane and an accident results.
Section
Trans 100.03 (2) is amended and 100.03 (2m) created to separate two concepts contained in current s.
Trans 100.03 (2). First, how does a person who is misidentified in a police report go about correcting the report so that they are not involved in a safety responsibility matter. Second, that the Department accepts filed police reports as accurate in the absence of any correspondence from the drivers involved in an accident.
Section
Trans 100.03 (3) is amended to better state the Department's practice with regard to records related to accidents that do not meet the reporting criteria of s.
346.70, Stats. The Department discards or returns reports that indicate in Box 1 of the report form that the accident is not reportable. It processes all forms that indicate in that box that the accident is reportable. If the accident is later determined not to be reportable, the Department does not include any reference to the accident or report in public abstracts of the driver's record from that point forward.
Section
Trans 100.04 (3) is amended to clarify that an apparently uninsured driver who would ordinarily be required to post security may avoid that requirement by proving that he or she was, in fact, insured, or proving that the accident is exempt from the safety responsibility law under s.
344.14 (2), Stats.
Section
Trans 100.06 (2) is amended to clarify that the Department does consider investigator reports and payment claim notices in deciding whether there is no reasonable possibility of a judgment being entered against an uninsured driver.
Section
Trans 100.10 is completely rewritten to more clearly lay out the procedural aspects of a safety responsibility hearing. No changes are contemplated with regard to the manner in which these hearings are conducted. Rather, this provision simply codifies the longstanding procedures used by DMV in conducting these hearings.
Section
Trans 100.11 is similarly rewritten to clarify the procedures used in connection with the receipt of subrogation notices from subrogated parties. Again, these provisions codify the DMV's longstanding practices in a manner that should be easier for the legal community and public to use and understand.
Section
Trans 100.12 provisions related to releases executed on behalf of a minor is amended to conform to the Department's practices and current law. Under s.
344.24 (2) (h), Stats., parents are permitted to settle matters related to minor children if the claim is for $5000 or less; a legal guardian must be appointed to settle a claim valued in excess of $5000. This rule is amended to reflect those rules.
Section
Trans 100.12 is also amended to include a section on bankruptcy. Federal bankruptcy laws preempt state law in some areas and not in others. The Department has developed a set of procedures for dealing with bankrupt uninsured persons over the years, and codifying those procedures should assist attorneys for uninsured drivers in understanding the repercussions of a bankruptcy filing on a petitioner.
Section
128.21, Stats., state wage earner voluntary debt reorganization, proceedings affect only executions, attachments or garnishments, and do not affect driver license revocations or suspensions. Because those proceedings are referred to commonly as “state bankruptcy proceedings," the Department occasionally deals with debtors under such plans who mistakenly believe a ch.
344 suspension or revocation will be released if a safety responsibility indebtedness is treated under their s.
128.21, Stats., repayment plan. A damage judgment suspension or revocation may only be affected under state law by a court order entered under s.
344.27, Stats.
Section
Trans 100.13 is amended to clarify rules related to the circumstances under which accident claims of a minor may be settled by the minor's parents. In situations where a minor's parent is not authorized to settle a claim under s.
344.14 (2) (h), Stats., because it involves a claim valued at more than $5000, a guardian must be appointed to settle the matter. Similarly, guardians must resolve settlements involving incompetent persons. Trans 100.13 is amended to concisely repeat these statutory and common law rules in a format that requires less general knowledge of the law to understand.
Section
Trans 100.15 is amended to codify the policies and procedures related to reinstating a suspended or revoked operating privilege at the end of a safety responsibility or damage judgment suspension or revocation.
Section
Trans 100.16 is amended to provide a consistent mechanism for determining whether to permit an organization or entity to self-insure. The primary standard employed is one suggested by the Insurance Industry Committee on Motor Vehicle Administration. The $60,000 figure from s.
344.37 (1) is used as the minimum dollar amount required and is multiplied by the square root of the number of vehicles owned by the self-insurance applicant. The “square root" rule recognizes a risk management mechanism known as the “law of large numbers" which postulates that the probability of all vehicles being involved in an accident (in a given year, for example) diminishes as the number of vehicles increases. In addition to meeting the capital amount requirements of this calculation, a self-insured must be making payments to creditors as the debts become due and not have any unpaid judgments of record.
Section
344.14 (1g), Stats., requires the Secretary to refuse vehicle registration to persons whose registration is revoked for failure to deposit security under the safety responsibility law. DMV has long applied the rule that it would not honor a transfer of vehicle title for a vehicle subject to a registration suspension if the purpose of the transfer was to avoid the repercussions of that statute. Two standards DMV uses to determine whether a transfer was made for the purpose of avoiding the statute are whether a transfer was made without adequate consideration, such as a sale ostensibly for $1, and whether the transferee shares the same address with the transferor. These criteria are now expressly set forth in the rule.
Section
Trans 100.20 is amended to clarify that DMV generally purges information from the driver database twice annually. The language of the existing rule left the impression with some readers that the minute an accident meets the criteria for deletion from the public record that the computers somehow immediately purged the information. To the contrary, a special program is run to purge information from driver records twice per year. If the item is eligible for deletion on the date the purge program runs, the information is deleted at that time.
Trans 100.19 is created to provide guidance beyond the statutory provisions in ch.
344, Stats., to clarify the procedures related to the suspension or revocation of driver licenses for failure to pay a damage judgment and license reinstatement procedures. Longstanding administrative practices with regard to acceptance of installment agreements and judgment debtor bankruptcies are codified.
Finally, a provision related to occupational licenses issued to commercial driver license holders is moved from s.
Trans 100.18 into ch.
Trans 117, which generally deals with occupational licensing.
Initial Regulatory Flexibility Analysis
This regulatory change has no impact on small business. This rule making largely codifies existing DOT policy with regard to the administration of the safety responsibility and damage judgment laws. The Department does not anticipate any fiscal effect upon small businesses from this codification.
The proposed amendments to s.
Trans 100.16 that propose solvency requirements for entities that self-insure could theoretically impact businesses. Only 12 companies currently self-insure with the state, and they are all utilities or rental car companies. The Department surveyed these entities and they indicated that they would meet or exceed the standard set forth in the rule. Moreover, none qualifies as a “small business" under s.
227.114, Stats. Accordingly, the Department concludes the amendment would have no fiscal impact upon small businesses.
Fiscal Estimate
This rule making largely codifies existing DOT policy with regard to the administration of the safety responsibility and damage judgment laws. The Department does not anticipate any fiscal effect from this codification.
Preparation and Copies of Proposed Rule.
Preparation of this proposed rule was done by the Department's Traffic Accident Section. Copies of the proposed rule may be obtained upon request, without cost, by writing to Pat McCallum, Section Chief, Traffic Accident Section, Room 804, P. O. Box 7919, Madison, WI 53707-7919, or by calling (608) 266-1249. Hearing-impaired individuals may contact the Department using TDD (608) 266-0824. Alternate formats of the proposed rule will be provided to individuals at their request.
