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.
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 457.03, Stats., and interpreting s. 457.08, Stats., the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. MPSW 4.01 (3) (a) to (c), relating to supervised pre-certification and pre-licensure social work.
Hearing Date, Time and Location
Date:   November 20, 2003
Time:   9:30 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 November 30, 2003, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: sections 15.08 (5) (b), 227.11 (2) and 457.03, Stats.
Statute interpreted: section 457.08, Stats.
Section 1 revises language describing the activities to be engaged in by a person acquiring supervised social work experience, for clarification.
Text of Rule
SECTION 1. MPSW 4.01 (3) is amended to read:
(3) A period of supervised practice of social work shall include, but not be limited to, practice in each of the following activities:
(a) Evaluation and assessment of difficulties in psychosocial functioning of a group or another individual;
(b) Developing plans or policies to alleviate those difficulties, and either carrying out the plan or referring individuals to other qualified resources for assistance;
(c) Intervention planning, which may include psychosocial evaluation and counseling of individuals, families and groups; advocacy; referral to community resources; and facilitation of organizational change to meet social needs.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
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.
Notice of Hearing
Pharmacy Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss. 15.08 (5) (b), 227.11 (2), and 450.02, Stats., and interpreting s. 450.09, 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 6.04 (3) (a) (intro.); and create s. Phar 6.04 (3) (c), relating to the professional service area requirements where the pharmacist is absent.
Hearing Date, Time and Location
Date:   November 11, 2003
Time:   9:00 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 November 25, 2003, 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), Stats.
Statutes interpreted: s. 450.09, Stats.
Modifications of s. Phar 6.04 will allow a pharmacy to remain open without placement of physical barriers during temporary periods of absence from a pharmacy by a pharmacist under certain conditions, and sets forth permissible technician activities under s. Phar 7.015 during the temporary absence of a pharmacist. Currently, s. Phar 6.04 (3) (a) 1. and 2. provide that in the absence of a pharmacist a pharmacy may convert to a non-prescription or sundry outlet if certain requirements are met, in part the placement of a physical barrier. Modifying the rule will allow certain limited interactions between pharmacy staff and patients, as well as the carrying on of certain allowable pharmacy staff functions in the absence of a pharmacist. Patients will benefit by increased availability of pharmacy services.
Section 1 amends s. Phar 6.04 (3) (a) (intro.) and adds a provision allowing a pharmacy in the absence of a pharmacist to continue to operate without converting to a sundry outlet if specific conditions are met.
Section 2 creates s. Phar 6.04 (3) (c) specifying the conditions under which a pharmacy may continue to operate in the absence of a pharmacist without converting to a sundry outlet.
Text of Rule
SECTION 1. Phar 6.04 (3) (a) (intro.) is amended to read:
Phar 6.04 (3) Professional service area requirements where pharmacist is absent. (a) (intro.) A Except as provided in par. c., if no pharmacist is present in the professional service area, a pharmacy may convert to a non-prescription or sundry outlet without a pharmacist present if the following requirements of the professional service area are met:
SECTION 2. Phar 6.04 (3) (c) is created to read:
Phar 6.04 (3) (c) Where no pharmacist is present in the professional service area a pharmacy is not required to convert to a non-prescription or sundry outlet if the following requirements are met:
1. The pharmacist is absent for a time period of one half hour or less.
2. The pharmacist must be accessible for communication with the remaining pharmacy staff by phone, pager or other device.
3. The pharmacy must indicate that the pharmacist is not available in the professional service area and indicate the period of absence and the time of the pharmacist's return.
4. Pharmacy technicians may only perform duties allowed by s. Phar 7.015 (2).
5. Pharmacy technicians may not perform the remaining prohibited activities listed in s. Phar 7.015 (3) or (4).
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
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.
Notice of Hearing
Public Service Commission
Hearing Date: Monday, October 27, 2003 – 9:00 a.m.
Hearing Location: Public Service Commission, 610 North Whitney Way, Madison, WI
The Commission proposes to amend s. PSC 135.019 (3) of the Wisconsin Administrative Code to incorporate by reference recent changes to the federal pipeline safety regulations.
NOTICE IS GIVEN that a hearing will be held beginning on October 27, 2003, at 9:00 a.m. in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, and continuing at times to be set by the presiding Administrative Law Judge. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations should contact the docket coordinator listed below.
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact the docket coordinator listed below.
Analysis Prepared by the Public Service Commission of Wisconsin
Statutory authority: ss. 196.02 (1) and (3), 196.745 and 227.11, Stats.
Statute interpreted: s. 196.745
Under an agreement between the federal Department of Transportation, Office of Pipeline Safety, the Commission is authorized to enforce federal natural gas pipeline safety requirements as set out in the Code of Federal Regulations, 49 CFR Parts 192, 193 and 199. As part of the agreement, the Commission agrees to adopt those parts of the federal code that apply to pipeline safety. The Commission last promulgated revisions to ch. PSC 135 in 1999. Since then, the federal DOT has adopted several final rules which revise the pipeline safety code. This amendment adopts those federal rules and incorporates them by reference. The federal changes include:
Federal Amendment 192-86, relating to qualification of pipeline personnel. This rule took effect August 27, 1999.
Federal Amendment 192-87, relating to determining the extent of corrosion on gas pipelines. This rule took effect on November 22, 1999.
Federal Amendment 192-88, relating to pipeline safety: gas and hazardous liquid pipeline repair. This rule took effect on January 13, 2000.
Federal Amendment 192-89, relating to underwater abandoned pipeline facilities. This rule took effect on October 20, 2000.
Federal Amendment 192-90, relating to qualification of pipeline personnel corrections. This rule took effect on August 20, 2001.
Federal Amendment 192-77, relating to safety in high consequence areas for gas transmission pipelines. This rule took effect September 5, 2002.
Federal Amendment 193-17, relating to incorporation of standard NFPA 59A in the liquefied natural gas regulations. This rule took effect March 31, 2000.
Federal Amendment 199-19, relating to drug and alcohol testing for pipeline facility employees. This rule took effect September 11, 2001.
Of the federal rules, the most significant change for natural gas public utilities in this state relates to the qualifications of pipeline personnel. This federal rule requires pipeline operators to develop and maintain a written qualification program for individuals performing covered tasks on pipeline facilities. The intent of this qualification rule is to ensure a qualified work force and to reduce the probability and consequence of incidents caused by human error.
A statement of scope on this rule was approved by the Commission on December 11, 2001, and was published in the Wisconsin Administrative Register on December 31, 2001.
Text of Proposed Rule
PSC 135.019 (1) The federal department of transportation, office of pipeline safety, pipeline safety standards, as adopted through May 20, 1999 [revisor inserts date], and incorporated in 49 CFR Parts 192, 193 and 199, including the appendices, are adopted as state pipeline safety standards and incorporated by reference into this chapter.
Initial Regulatory Flexibility Analysis
Natural gas utilities may experience modest increases in the cost of complying with new pipeline safety regulations due to increased requirements for operator qualifications. The proposed rules will have no effect on small business.
Fiscal Estimate
This rule has no fiscal impact.
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact the docket coordinator listed below.
Questions regarding this matter may be directed to docket coordinator Thomas Stemrich at (608) 266-2800.
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