Rule-making notices
Notice of Hearing
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) (a),
(d) and
(e), and
961.31, Stats., and interpreting ss.
450.01 (7),
(16) (b) and
450.02 (2g),
(b),
(3) (a), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal s.
Phar 8.05 (5); and to amend s.
Phar 8.05 (4), relating to requirements for the dispensing of prescription orders for schedule II controlled substances.
Hearing Date, Time and Location
Date: March 12, 2002
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 26, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Current requirements of s.
Phar 8.05 (4), for the dispensing of prescription orders for schedule II controlled substances provide in part that a prescription order may not be dispensed unless the order is presented for dispensing within 7 days following the date of its issue, and may not be dispensed more than 60 days after the date of issue. The proposed rule modification would remove the 7 day limitation. A prescription order presented past the 7 day limit currently will not be filled, which necessitates a return to the prescriber for a new prescription. This result occurs even when a legitimate reason exists for the late presentment. The result of the 7 day limit therefore becomes at times an arbitrary cutoff that doesn't allow for a pharmacist and a prescriber to take into account a patient's specific needs in a given situation. The modification of this rule will therefore allow pharmacists and prescribers to exercise their professional judgment in the dispensing of controlled substances.
Current requirements of s.
Phar 8.05 (5), for the dispensing of prescription orders provides that no pharmacy, individual practitioner or other DEA registered dispenser may dispense at any one time, and no individual practitioner may prescribe for dispensing at any one time, a controlled substance in any quantity exceeding a 34-day supply, except that up to a 90 day supply of any schedule III or IV anticonvulsant substance as determined by the directed dosage and frequency of dosage, may be prescribed and dispensed at one time. The proposed rule modification would repeal s.
Phar 8.05 (5), to make the dispensing requirements for controlled substances consistent with federal dispensing law. This consistency allows practitioners and pharmacists to better meet legitimate patient need, not inconsistent with federal controlled substances prescription rules. Removing the 34-day and 90 day restriction currently contained in s.
Phar 8.05 (5), will better meet legitimate patient need in instances where a proper course of treatment as determined by a practitioner necessitates ongoing drug therapy such that dispensing a greater supply of any controlled substance will promote efficiency and continuity of treatment as well as patient convenience. The repeal of this rule will therefore allow pharmacists and practitioners to more fully exercise their professional judgment in prescribing of controlled substances, consistent with federal dispensing law.
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 authority vested in the Pharmacy Examining Board in ss.
15.08 (5) (b),
227.11 (2),
450.02 (2) and
(3) (e),
450.03 (2) and
450.04 (1), Stats., and interpreting s.
450.02 (2), 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 2.06 (2), relating to the definition of “active practice of pharmacy."
Hearing Date, Time and Location
Date: March 12, 2002
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 26, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
This proposed rule-making order of the Pharmacy Examining Board is intended to more closely identify those out-of-state applicants who have not devoted a sufficient portion of their practice to the consultation of patients which includes the provision of information on legend and non-prescription drugs and advice relating to therapeutic values and potential hazards and the uses of drugs and devices. The proposed modification of the rule defining “active practice of pharmacy" is therefore intended to define more precisely the prerequisite for when a person licensed in another state may be tested to demonstrate the equivalent minimum pharmacy practice skills required for licensure in this state.
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
Wisconsin Technical College System Board
[
CR 01-137]
NOTICE IS HEREBY GIVEN that pursuant to ss.
38.305 (4) and
227.11 (2), Stats., and interpreting ss.
38.24 (2) and
38.305, the Wisconsin Technical College System Board will hold a public hearing at the WTCSB Board Room, 310 Price Place in the city of Madison, WI, on the
27th day of February 2002, at 9:00 a.m., to consider the amendment of rules relating to residency, admissions, and fee refunds and to Technical and Occupational Program grants to students.
Analysis Prepared by the Technical College System Board
Tuition and fee refunds. The Wisconsin Technical College System (WTCS) refund policies and procedures are promulgated as administrative rules and have remained essentially unchanged since they were established several decades ago. The last modification was made in 1994 to implement a change in federal regulations related to financial aids recipients. However, there has been a movement over the years from traditional semester length classroom based courses to alternate length classroom and distance education based courses. Also, the federal regulations related to financial aid recipients have again been modified prompting a review of the current rules. Based on these factors, a committee comprised of State Board and District staff reviewed the current WTCS refund policies and procedures to determine if they are relevant and appropriate and to recommend modifications the committee deems necessary to address current and future course offerings.
After a review of the current refund policies, the committee determined that, although appropriate, these policies needed updating both to conform to current federal law and to clarify (and consolidate) the method of calculating refunds since the two methods currently being used are intended to result in the same amount of refund.
Grants to Students (TOP Grants). The 2001-2003 biennial budget, (
2001 Wis. Act 16), contains two provisions that affect student eligibility for TOP grants. First, beginning July 2001, students who enroll full-time in a technical college occupational program within three years of earning a certificate of general educational development (GED) from the Wisconsin State Superintendent of Public Instruction are now eligible for TOP grants. Second, the eligibility period for the grants has been reduced from two-years to one-year and the total possible grant award has been reduced from $1,000 to $500 for all students receiving their first TOP grant in the 2001-2002 or subsequent school year.
Chapter
TCS 16, implements s.
38.305, and authorizes the State Board to establish rules to implement and administer grants to students, along with rules on refunding a grant if a student becomes ineligible for the grant award. The proposed rule amendments reflect the statutory changes enacted in
2001 Wis. Act 16.
TEXT OF RULE
Section 1. TCS 10.08 (1) is amended to read:
TCS 10.08 (1) General Provision. In this section, all refund provisions may be superseded by state or federal law.
Section 2. TCS 10.08 (2m) (title) and (2m) is created to read:
TCS 10.08 (2m) Course Section Drop/Adds. A student who drops one section of a course and simultaneously enrolls in an equivalent section of the same course shall not receive a refund of course fees for the dropped section or be charged course fees for the added section. The student may be charged a processing fee as allowed under sub. (3) (g). For the purpose of this subsection, an equivalent section is one offered for the same credit value, is subject to the same dollar amount of student fees and is at substantially the same point in the course curriculum at the time of the drop/add.
Section 3. TCS 10.08 (3) (b) (intro) is amended to read:
TCS 10.08 (3) (b) A student who drops one or more courses and prior to the issuance of a refund for the dropped course or courses adds one or more courses shall have the program fees, material fees and tuition for the dropped course or courses applied to the tuition and fee charges of the added course or courses, subject to the following:
Section 4. TCS 10.08 (3) (b) 2. is amended to read:
TCS 10.08 (3) (b) 2. Where the fees for a dropped course or courses exceed applicable fees for an added course or courses, students will receive a refund pursuant to pars. par. (c) and (d).
Section 5. TCS 10.08 (3) (c) is amended to read:
TCS 10.08 (3) (c) Except as provided under pars. (a) and (b), refunds for courses which are scheduled to meet for one semester or longer, shall be:
Section 6. TCS 10.08 (3) (c) 1. is amended to read:
TCS 10.08 (3) (c) 1. 80% of program fees, material fees and out-of-state tuition if application for refund is made during the first 14 calendar days of the term's beginning date before or at the time 10% of the course's total hours of instruction have been completed.
Section 7. TCS 10.08 (3) (c) 2. is amended to read:
TCS 10.08 (3) (c) 2. 60% of program fees, materials fees and out-of-state tuition if application for refund is made during the 15th through 28th calendar day of the term's beginning date after 10% but before more than 20% of the course's potential hours of instruction have been completed.
Section 8. TCS 10.08 (3) (d) is repealed.
Section 9. TCS 10.08 (3) (e) is amended to read:
TCS 10.08 (3) (e) No refund shall be granted if application is made after the 28th calendar day for courses scheduled to meet a semester or longer, or after 20% of the course's total potential hours of instruction have been completed in courses scheduled to meet less than a semester.
Section 10. TCS 10.08 (4) is repealed.
Section 11. TCS 16.02 (3) is repealed and recreated to read:
TCS 16.02 (3) (3) “Date of record" means the day when 10% of the potential hours of instruction of the course have been completed based on when the student is first scheduled to attend the course.
Section 12. TCS 16.02 (9) is amended to read:
TCS 16.02 (9) “First-year student" means any technical college student who has earned, completed, or received no more than 18 postsecondary credits after graduating from high school
or receiving a GED certificate as defined in s. TCS 16.02 (9m). Any postsecondary credit earned while serving on active duty in the U.S. armed forces may not be counted against this credit limitation.
Section 13. TCS 16.02 (9m) is created to read:
TCS 16.02 (9m) “GED" means a general educational development certificate issued by the state superintendent of public instruction under s.
115.29 (4).
Section 14. TCS 16.02 (11) is amended to read:
TCS 16.02 (11) (11) “Graduated from high school" means having received a
high school diploma
in satisfaction of school board requirements under s.
118.33
PI 5.02 (8), or a high school equivalency diploma under s.
115.29 (4), Stats.
Section 15. TCS 16.02 (19) is repealed.
