Rule-making notices
Notice of Hearing
Chiropractic Examining Board
Hearing Date, Time and Location
Date: June 22, 2006
Time: 8:15 a.m.
Location: 1400 East Washington Avenue
Room 121C
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 Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before July 3, 2006 to be included in the record of rule-making proceedings.
Analysis
Explanation of agency authority:
2005 Wisconsin Act 25 contained changes to s.
446.02 (2) (c) and
(6m), Stats, which create an area of expanded practice for chiropractors. The legislature has directed that the Chiropractic Examining Board establish the educational requirements for this area of practice. Pursuant to s.
446.02 (2) (b), Stats., the Chiropractic Examining Board has the ability to set educational standards for licensure. This rule establishes the educational requirements for the new certificate as well as incorporating changes to prohibited practices, professional conduct and continuing education to make the rules consistent with the addition of nutritional counseling as a practice area.
Related statute or rule: Chapters
Chir 4,
5 and
6; Chapter
446, Wis. Stats.
Plain language analysis: The Chiropractic Examining Board is proposing changes to s.
Chir 4.05, prohibited practice, s.
Chir 5.01, continuing education requirements for license renewal, and the creation of ch.
Chir 12, relating to the certification process for nutritional counseling. These changes are in response to
2005 Wisconsin Act 25, that went into effect on January 1, 2006, specifying that chiropractors will be able to expand their scope of practice to provide nutritional counseling once they have completed 48 hours of board-approved postgraduate study in nutrition and paying a one-time certification fee of $25.
This proposed rule-making is required to define the substance and requirements of what constitutes a board-approved 48 hour post graduate program in nutrition. Rule-making is also required to develop additional continuing education requirements, possible exemptions for advanced nutritional education, and scope of nutritional counseling.
SECTION 1 amends the existing exception under s.
Chir 4.05 Prohibited Practice which allows a chiropractor to sell vitamins, herbs or nutritional supplements to include the provisions under ch.
Chir 12 Nutritional Counseling Certification.
Prior to the changes directed by
2005 Wisconsin Act 25, it was considered a prohibited practice for a chiropractor to engage in some types of nutritional counseling. This section makes changes to the prohibited practice language to allow counseling in compliance with the provisions of Act 25.
SECTION 2 defines the educational hour of coursework required under ch.
Chir 12 and establishes that chiropractors who hold a nutritional counseling certificate shall complete at least 4 hours of study in nutrition as a part of their biennial 40 hours of continuing education requirement.
SECTION 3 expands the language of the unprofessional conduct provisions to recognize that a chiropractor who makes unsubstantiated claims about the effectiveness of nutritional counseling can be disciplined.
SECTION 4 sets out the minimum standards for the nutritional counseling coursework that is required to obtain the additional certificate. This section also sets out the procedure for course sponsors to obtain board approval. This section identifies the subject matter which must be covered and sets the standards for determination of successful completion. This section requires that the course contain at least 4 tests and that a score of 75% or higher is necessary to successfully complete the course.
This section also contains a sunset provision requiring that chiropractors must either obtain this education and certification or cease selling nutritional supplements within 24 months of the effective date of this rule.
Summary of, and comparison with, existing or proposed federal regulation: None.
Comparison with rules in adjacent states: Illinois:
A “chiropractic physician" licensed under Illinois's Medical Practice Act: 225 ILCS 60 may treat human ailments without the use of drugs or surgery [225 ILCS 60/2 (10)]. The statutes and rules appear to be silent regarding the provision of nutritional advice or counseling as well as the dispensation or prescription of nutritional supplements.
Michigan:
Pursuant to Michigan's Public Health Code Action 368 Section
333.16401 (1) (b) (iii), providing “nutritional advice" is within the chiropractic scope of practice; however, the prescribing or dispensing of drugs or medicine is not within their scope of practice.
The use of analytical instruments, nutritional advice, rehabilitative exercise and adjustment apparatus regulated by rules promulgated by the board pursuant to section 16423, and the use of x-ray machines in the examination of patients for the purpose of locating spinal subluxations or misaligned vertebrae of the human spine. The practice of chiropractic does not include the performance of incisive surgical procedures, the performance of an invasive procedure requiring instrumentation, or the dispensing or prescribing of drugs or medicine.
Michigan's administrative rules are silent regarding provision of nutritional advice or counseling as well as the dispensation or prescription of nutritional supplements.
Minnesota:
Minnesota's statutes are mostly silent with regards to the provision, recommendation or dispensation of nutritional supplements. Minnesota statutes do mention that nutrition is a part of the required written chiropractic examination.
A chiropractor in Minnesota may provide nutritional therapy and counseling on a dietary regimen as part of Rehabilitative Therapy for their patients.
Minnesota Administrative Rules state:
2500.0100 Subp.11 Rehabilitative Therapy. “Rehabilitative therapy" means therapy that restores an ill or injured patient to the maximum functional improvement by employing within the practice of chiropractic those methods, procedures, modalities, devices, and measures which include mobilization; thermotherapy; cyrotherapy; hydrotherapy; exercise therapies; nutritional therapy; meridian therapy; vibratory therapy; traction; stretching; bracing and supports; trigger point therapy; massage and the use of forces associated with low voltage myostimulation, high voltage myostimulation, ultraviolet light, diathermy, and ultrasound; and counseling on dietary regimen, sanitary measures, occupational health, lifestyle factors, posture, rest, work, and recreational activities that may enhance or complement the chiropractic adjustment.
2500.4000 Rehabilitative Treatment.
Rehabilitative therapy, within the context of the practice of chiropractic, may be done to prepare a patient for chiropractic adjustment or to complement the chiropractic adjustment, provided the treating chiropractor initiates the development and authorization of the rehabilitative therapy. The administration of the rehabilitative therapy is the responsibility of the treating chiropractor. The rehabilitative therapy must be rendered under the direct supervision of qualified staff.
Iowa:
Iowa Statutes allow chiropractors to provide nutritional advice under Iowa Stats section 151.1 (3) Chiropractic Defined which states:
Persons utilizing differential diagnosis and procedures related thereto, withdrawing or ordering withdrawal of the patient's blood for diagnostic purposes, performing or utilizing routine laboratory tests, performing physical examinations, rendering nutritional advice, utilizing chiropractic physiotherapy procedures, all of which are subject to and authorized by section 151.8.
Iowa Statutes also provide that licensed chiropractors may not administer or prescribe drugs or medicine. Iowa Stats Section 151.5 Operative surgery – drugs.
A license to practice chiropractic shall not authorize the licensee to practice operative surgery, osteopathy, nor administer or prescribe any drug or medicine included in materia medica.
Iowa's administrative rules are silent regarding provision of nutritional advice or counseling as well as the dispensation or prescription of nutritional supplements.
Summary of factual data and analytical methodologies: The Chiropractic Examining Board, in an effort to create an adequate curriculum of 48 hours of board-approved postgraduate study in nutrition, which was called for in the enactment of the statutes under
2005 Wisconsin Act 25, consulted with the following educational bodies and professional associations: Palmer College of Chiropractic; Northwestern Chiropractic College; Wisconsin Chiropractic Association; Wisconsin Dieticians Association.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: The proposed rules for the provisions of nutritional counseling will affect the practice of small business as defined by a company, clinic or chiropractic practice is defined a business with 25 employees or less or less than $5 million in annual receipt (billings).
Chiropractic Small Business Market Analysis: as per the Department of Commerce, the 2002 Economic Census Report for Health professions that are Employers who are chiropractors is:
1. 898 offices of Chiropractic with receipts ($1000s) 255,518 for average receipts of $284,541 per office with 3,477 paid employees (ave. of 4 per office).
as per the Department of Commerce, the 2003 Economic Census Status report for NonEmployers, which are establishments consisting of one licensed Chiropractor engaged in the independent practice of Chiropractic indicates:
1. 303 offices with receipts ($1,000s) of 15,706 for average receipts of $51,835 per office.
The Department of Regulation and Licensing's March of 2006 licensee count indicates that there are 1,708 chiropractors with active licenses (up to date and eligible to practice).
The effect of the rules on the practice of small business may be as follows:
1. Prior to the enactment of the new statutes and the pending proposed rules, licensed chiropractors were able to sell vitamins, herbs or nutritional supplements for the general health and well-being of their patients, however the practice of recommending, counseling or directing patients to take vitamins, herbs or nutritional supplements were prohibited by their scope of practice, and administrative rules governing conduct.
2. The proposed rules will allow chiropractors, who elect to take the prescribed 48 hour program under the rules and pay the $25 fee to the Department of Regulation and Licensing will be able to expand their scope of practice by providing nutritional counseling, guidance and recommendations for vitamins, herbs or nutritional supplements. This is seen as a substantial business benefit through the generation of additional revenues and enhanced patient care.
3. The proposed rules will prohibit chiropractors whom have not taken the prescribed 48-hour program and received their certificate from selling vitamins, herbs or nutritional supplements. This practice is being eliminated as it prevents confusion to the consumer who may have difficulty discerning those chiropractors whom are allowed to provide counseling and guidance in addition to selling, and those chiropractors whom are only allowed to sell vitamins, herbs or nutritional supplements. This is seen by the board as an enhancement to public safety and protection. Chiropractors who are currently selling these products, but wish not to obtain their certificate must discontinue selling these products which will have an effect on their business.
4. The board notes that in addition to the $25 fee, the 48-hour program will have additional fiscal effect of time away from the office and subsequent lost billings, and the program may cost approximately $1,000 or more based on the provider of the program. This cost to small business will be substantially offset and may be entirely eliminated by existing continuing education costs. Chiropractors are required by law to complete 40 hours of continuing education in the biennium. The 48-hour program may be counted toward their ongoing CE requirement in the biennium in which it is completed. This will offset the cost of the program by having it count towards their continuing education requirement, and offsetting additional cost in terms of educational dollars and time away from their practice.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Fiscal estimate:
The Department of Regulation and Licensing estimates that this rule will require staff time in the Division of Professional Credentialing, Division of Enforcement, and the Division of Management Services. The total staff salary and fringe is estimated at $13,807.
Anticipated costs incurred by private sector: $25 fee for the certificate, educational costs for the required 48 hour program.
Effect on small business: These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person:
Pamela Haack, Paralegal
Department of Regulation and Licensing
Office of Legal Counsel
1400 East Washington Avenue, Room 152
P.O. Box 8935
Madison, Wisconsin 53708-8935.
Telephone: (608) 266-0495.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before July 3, 2006, to be included in the record of rule-making proceedings.
Notice of Hearing
Natural Resources
(Environmental Protection - Water Regulation)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.12 (1) and
(1p),
30.2035,
30.206,
227.11 (2) and
227.24, Stats., interpreting ss.
30.12 (1),
(1g),
(3) and
(3m) and
30.206, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WT-24-06(E) pertaining to shore erosion control on rivers and streams. This emergency order took effect on May 8, 2006. This emergency rule creates subch.
III to ch.
NR 328, Wis. Adm. Code, which establishes two general permits with appropriate conditions and establishes standards for projects that may be authorized under an individual permit. There are no statutory exemptions for the placement of shore erosion control on the banks of rivers and streams.
Standards for general permits and individual permits are based on the science of fluvial geomorphology for determining erosive conditions at a site. Fluvial geomorphology involves studying the influence of flowing surface water on stream channels through the processes of erosion and deposition. This emergency rule establishes general permits for biostabilization and integrated bank protection on waterways less than 35 feet wide and allows placement of these structures in “areas of special natural resource interest".
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Tuesday, June 13, 2006 at 3:00 p.m.
Room 413, GEF #2 State Office Building
101 South Webster Street
Madison
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Roberta Lund at (608) 266-2220 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Effect
According to 2004 data, there were 240 permits processed for shore protection on rivers and streams. Of that amount, 216 required an individual permit at a cost of $300 and 24 were exempt from a permit fee because they were issued to state or federal agencies. Therefore, annual permit revenue under current law is estimated to be $64,800 (216 individual permits x $300).
Under the proposed emergency rule, it is estimated that 180 projects would required a $300 individual permit, 36 projects would be eligible for one of two new $50 general permits, and 24 would continue to be fee-exempt because they would be issued to a state or federal agency. Therefore, annual permit revenue under the proposed rule is estimated to be $55,800 [(180 individual permits x $300) + (36 general permits x $50)]. This will result in a decrease of $9,000 in annual permit revenue.
By converting an estimated 36 individual permits per year to general permits, the proposed emergency rule would streamline the permitting process and thus decrease the amount of workload needed to process permits by 630 hours, or 0.35 FTE, with an associated cost reduction of $20,200 in salary and fringe benefits (630 hours x $32/hour salary and fringe).
The emergency rule be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Paul Cunningham, Bureau of Fisheries Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 23, 2006. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Roberta Lund, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707
Notice of Hearings
Natural Resources
(Environmental Protection - Air Pollution Control)
NOTICE IS HEREBY GIVEN that pursuant to ss.
285.11 (1) and
(6) and
285.60 (6), Stats., interpreting s.
285.60 (6), Stats., the Department of Natural Resources will hold public hearings on revisions to ss.
NR 406.02,
406.04,
407.03 and
410.03, Wis. Adm. Code, relating to air pollution permit exemptions and air pollution permit exemption fees. The State Implementation Plan developed under s.
285.11 (6), Stats., is also revised. In 2003, s.
285.60 (6) (b), Stats., was created as part of
2003 Wisconsin Act 118. This law requires the Department to exempt minor sources from the requirement to obtain air permits if emissions from the source do not present a significant hazards to public health, safety, welfare or to the environment. The Department has examined current permit exemptions in light of this and believes that an expansion of those exemptions is required under the statutes. The proposed rule changes contain the following three elements:
1. Exemption from operation and construction permitting requirements for facilities which have actual emissions of each criteria pollutant (other than lead) of less than 10 tons/year, and which are not subject to additional control requirements such as federal hazardous air pollutant standards.
2. Exemption from construction permitting requirements of any construction/modification type of project at a facility where the project will have actual emissions of criteria pollutants (other than lead) of less than 10 tons/year, and which is not subject to additional control requirements such as federal hazardous air pollutant standards.
3. Add an $800 exemption review fee for all projects which claim exemption under #2.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Small businesses which have very low emissions or which add additional equipment with very low emissions will be affected. Examples are coating facilities and small printers.
b. Description of reporting and bookkeeping procedures required: The proposed rule change does not create any significant additional reporting or bookkeeping requirements.
c. Description of professional skills required: The proposed rule change does not create an additional need for professional skills.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Tuesday, June 27, 2006 at 1:00 p.m.
Prairie Room (lower level), Charles M. White Public Library, 1001 Main Street,
Stevens Point
Wednesday, June 28, 2006 at 1:00 p.m.
Room GO9, GEF #2 State Office Building
101 South Webster Street
Madison
Thursday, June 29, 2006 at 1:00 p.m.
Room 141, DNR Southeast Region Hdqrs.
2300 N. Dr. Martin Luther King Jr. Dr.
Milwaukee
Fiscal Estimate
The construction permit exemption is estimated to allow for 40 projects per year that currently require a construction permit to be exempt from that requirement. However, these projects will still require the department to issue an operation permit or to revise an existing operation permit. Based on an estimated loss of 40 construction permits per year, and an average cost per construction permit of $6,000, the revenue loss would be $240,000/year. With the proposed $800 exemption fee, the gain in fees would be $32,000/year (40 exemptions at $800 per exemption) for a net loss of funds of $208,000/year.
Any reduced workload from permit writing will likely be shifed to ensuring the exempted sources are in compliance with air requirements.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Steve Dunn, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 30, 2006. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707.
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 (3) (d), Stats., and interpreting ss.
450.02 (3) (d) and
(e) and
450.11 (8) (a), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend Phar 8.02 (3) (f), relating to controlled substances theft and loss reporting requirements.
Hearing Date, Time and Location
Date: June 22, 2006
Time: 9:45 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by July 3, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Explanation of agency authority: The board is authorized by statute to promulgate rules necessary for the administration and enforcement of chapters 450 and 961, Stats., and establishing minimum standards for the practice of pharmacy.
Related statute or rule: There are no related statutes or rules other than those listed above.
Plain language analysis: Wisconsin Administrative Code s.
Phar 8.02 (3) (f) currently requires pharmacies, practitioners and other federal drug enforcement administration (DEA) registrants authorized to possess controlled substances to notify the regional office of the DEA, the local police, and the Pharmacy Examining Board of
any theft or
any loss upon discovery. The DEA requires any theft to be reported but not any loss. Only significant losses must be reported to the DEA. The intent of this proposed rule change is to conform the state controlled substances theft and loss reporting requirement for pharmacies, practitioners or other DEA registrants to federal law. The proposed rule change will eliminate the reporting of drug losses, not based on theft, by pharmacies, practitioners or other DEA registrants if the losses are not considered significant under federal law.
SECTION 1 creates the requirement for the reporting of a loss or theft of a controlled substance to the board if a pharmacy, practitioner or other DEA registrant is required to file with the DEA a report of theft or loss of controlled substances.
Summary of, and comparison with, existing or proposed federal regulation:
Chapter
21 CFR 13.01.
74 (c) and 1301.76 (b). Federal law currently requires a DEA registrant to file a report with the DEA of any theft or significant loss of a controlled substance.
Comparison with rules in adjacent states:
Iowa
657—10.16(124) Report of theft or loss.
A registrant shall report in writing, on forms provided by the board, any theft or significant loss of any controlled substance upon discovery of the theft or loss. The report shall be submitted to the board office within two weeks of the discovery of the theft or loss. Thefts shall be reported whether or not the controlled substances are subsequently recovered or the responsible parties are identified and action is taken against them. A copy of the report shall be maintained in the files of the registrant.
Illinois
In every instance that a pharmacist-in-charge is required by federal law (
21 CFR 1301.76) to file with the U.S. Drug Enforcement Agency a Report of Theft or Loss of Controlled Substances, Form 106, a copy shall be sent to the Division. Failure to do so may result in discipline of the pharmacist.
Michigan
R 338.3141 Thefts and diversions.
Rule 41. (1) An applicant or licensee shall provide effective controls against theft and diversion of controlled substances.
(2) A licensee shall determine that a person is licensed to possess a controlled substance before distributing the substance to the person.
(3) Within 10 days following discovery of a theft or loss of any controlled substance, a licensee shall notify the administrator of the theft or loss by submitting a United States drug enforcement administration theft and loss report form 106, a copy thereof, or equivalent document, whether or not the controlled substance is subsequently recovered or the responsible party is identified and action is taken against the party, and whether or not it is also reported to the DEA.
Minnesota
6800.4800 Reporting Controlled Substance Losses.
Any pharmacy, drug wholesaler, drug manufacturer, or controlled substance researcher detecting the theft or significant loss of any controlled substance drug, where the loss is attributable to other than inadvertent error, must report the loss, in writing, to the board and to the Drug Enforcement Administration immediately. The report must include a description of how the loss occurred, if known, the date the loss occurred, if known, the steps being taken to prevent future losses, and an inventory of the missing drugs.
Summary of factual data and analytical methodologies:
Asserting there is no uniform, objective standard to determine whether a loss is significant, and therefore subject to reporting, the United States Drug Enforcement Administration (DEA) initiated rule-making to further define what constitutes a significant loss of controlled substances. A final rule became effective on September 12, 2005. In view of the federal amendment, the Pharmacy Examining Board reviewed the Wisconsin rule, which requires notification of the DEA, the local police, and the Wisconsin Pharmacy Examining Board of any theft or loss. After considering the usefulness of loss reports, ranging from small losses to carelessness or inadvertent error to larger losses incurred for a variety of reasons, an assessment of the statutes and rules of Wisconsin's neighbors, a comparison of the relative value of maintaining a state requirement that is more comprehensive than the federal protections, and the simplicity merits of a uniform reporting requirement, the board decided to follow the federal rule.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
The rule change will result in less reporting for small business pharmacies, which currently must report any theft or loss to the local police, in addition to the United States Drug Enforcement Administration and the Wisconsin Pharmacy Examining Board. The board's revision adopts the federal criteria for significant loss, places local police reporting within the pharmacist's discretion, and allows two weeks from the date of filing with the United States Drug Enforcement Administration for filing with the Wisconsin Pharmacy Examining Board.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Anticipated costs incurred by private sector:
The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal Estimate
The Department of Regulation and Licensing estimates that this rule will require staff time in the Division of Management Services. The total staff salary and fringe is estimated at $872.
Effect on small business:
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person:
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before July 3, 2006 to be included in the record of rule-making proceedings.
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
450.04 (3) (b), Stats., and interpreting s.
450.04 (3) (b), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal ss.
Phar 17.04 (3) and
(5); to amend Phar 17.04 (2) and (4) and 17.05 (2); and to create Phar 2.02 (1) (c), relating to a foreign graduate internship.
Hearing Date, Time and Location
Date: June 22, 2006
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by July 3, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Explanation of agency authority: The Wisconsin Pharmacy Examining Board is granted the authority to protect the public health, safety and welfare by establishing minimum standards for the practice of pharmacy, which includes the granting of licenses to applicants for licensure as a pharmacist who have completed an internship in the practice of pharmacy.
Related statute or rule: Current Wis. Admin. Code ss.
Phar 2.02,
17.04.
Plain language analysis: The Pharmacy Examining Board requires foreign pharmacy graduates to submit proof of completion of at least 1500 hours of supervised internship prior to advancing in the application process toward the granting of a pharmacy license. The hours must be verified by the department. Wisconsin pharmacy rules require a graduate of a foreign pharmacy school to apply for a license as a pharmacist prior to beginning the required internship. Foreign Pharmacy Graduate Education Committee (FPGEC) certification, including passage of the examination, is not currently required unless the applicant exceeds 2000 internship hours. The current foreign graduate internship rules could be improved to ensure hours are adequately tracked by interns and supervisors and filed timely and accurately with the department. The rules do not require that a supervisor be identified prior to beginning an internship, resulting in incomplete reporting and difficulty in tracking internship hours.
The two primary objectives of this proposed rule-making are to: 1) require passage of the FPGEC prior to accumulation of any internship hours; and 2) improve procedures concerning the reporting of internship hours by foreign pharmacy graduate applicants and their supervisors.
The proposed rules would require completion of the examination offered by the FPGEC and submission of a report to the department identifying the intern's supervisor prior to the start of a foreign graduate internship.
SECTION 1 adds the application requirement that a person intending to engage in a foreign graduate internship must submit evidence satisfactory to the board of having obtained certification by the FPGEC and the disclosure of the person's supervising pharmacist. Any change of a supervising pharmacist must also be disclosed to the board by filing an amendment to the application. SECTION 1 also adds the requirement that prior to performing duties as an intern or to receiving credit for hours participating in a foreign graduate internship a person must file an application with the board for original licensure and submit evidence satisfactory to the board of having obtained certification by the FPGEC.
SECTION 2 adds the requirement that prior to performing duties as an intern or receiving credit for hours in an internship in the practice of pharmacy 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.
SECTION 3 repeals a provision allowing 2000 hours of practice as a pharmacy intern prior to receiving certification by the FPGEC.
SECTION 4 reduces the number of hours that may be practiced in a foreign graduate internship.
SECTION 5 repeals a grandfather provision that is no longer applicable.
SECTION 6 removes a typographical error.
Summary of, and comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation for summary and comparison.
Comparison with rules in adjacent states:
Iowa
Requires 1500 hours of internship. Foreign Pharmacy Graduate Examination Committee (FPGEC) certification required prior to internship credit being granted.
Illinois
Requires a minimum of 400 hours of internship. The applicant must obtain prior approval of the Board before enrolling in a course of clinical instruction.
Michigan
Requires a minimum of 1000 hours of internship and Foreign Pharmacy Graduate Examination Committee (FPGEC) certification required prior to internship license being granted, which is valid for a period of two years.
Minnesota
Requires 1600 hours of internship, after FPGEC certification.
Summary of factual data and analytical methodologies:
There are currently 47 foreign graduate applications in process going back to 2002. None of these applications have been completed for licensure or closed. It is unknown whether these individuals are practicing in Wisconsin as pharmacy interns.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: This rule change would not impact a substantial number of small businesses. The requirement for FPGEC passage prior to accumulation of hours may have a slight effect on small businesses employing, or wishing to hire, a foreign graduate intern. According to Department of Regulation and Licensing application files, 6 of the 18 foreign pharmacy graduate interns that have identified their place of employment list a smaller pharmacy. Some are in all likelihood linked with a larger pharmacy. There are 1,222 active, in-state pharmacies in Wisconsin, roughly 350 of which are estimated to be small businesses without a large pharmacy nexus. The FPGEC examination is only offered two times per year, so there may be slightly more of a delay in hiring, or in some cases, an inability to hire because of examination failure. The reduction in the number of total hours that may be worked by an intern from 3,000 to 2,000 may result in earlier termination of employment for interns who have not completed FPGEC. Employing a licensed pharmacist, if available, would increase salary costs. The statewide average wage for a pharmacist is $33.95 per hour, according to the Department of Workforce Development. Two Milwaukee area retail pharmacies offer $17 and $20 to interns, without benefits except for a small amount of vacation offered by one. There are no additional bookkeeping requirements and no new form requirements, although the department will have to revise its existing internship application form.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Anticipated costs incurred by private sector: The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal Estimate
The department estimates that this rule will require staff time in the Division of Professional Credentialing. The total staff salary and fringe is estimated at $115.
Effect on small business: These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency Contact
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before July 3, 2006 to be included in the record of rule-making proceedings.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1) and
348.07 (4), Stats., interpreting s.
348.07 (4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of chapter Trans 276, Wisconsin Administrative Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:
June 20, 2006
Department of Transportation
Hill Farms State Transportation Office
Room 701 (Superior Room)
Madison, WI
10:00 AM
(Parking is available for persons with disabilities)
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.
Analysis Prepared by the Wisconsin Department of Transportation
Plain Language Analysis and Summary of, and Preliminary Comparison with, Existing or Federal Regulation. In the Surface Transportation Assistance Act of 1982 (STAA), the federal government acted under the Commerce clause of the United States Constitution to provide uniform standards on vehicle length applicable in all states. The length provisions of STAA apply to truck tractor-semitrailer combinations and to truck tractor-semitrailer-trailer combinations. (See Jan. 6, 1983, Public Law 97-424, § 411) The uniform standards provide that:
• No state shall impose a limit of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination.
• No state shall impose a length limit of less than 28 feet on any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination.
• No state may limit the length of truck tractors.
• No state shall impose an overall length limitation on commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations.
• No state shall prohibit operation of truck tractor-semitrailer-trailer combinations.
The vehicles authorized by the STAA may operate on the national system of interstate and defense highways and on those federal aid primary highways designated by regulation of the secretary of the United States Department of Transportation. In 1984 the USDOT adopted
23 CFR Part 658 which in Appendix A lists the highways in each state upon which STAA authorized vehicles may operate. Collectively these highways are known as the National Network. In
1983 Wisconsin Act 78, the legislature enacted §
348.07(4), Stats., which directs the Wisconsin Department of Transportation to adopt a rule designating the highways in Wisconsin on which STAA authorized vehicles may be operated consistent with federal regulations.
The Department of Transportation first adopted ch.
Trans 276 of the Wisconsin Administrative Code in December of 1984. The rule is consistent with
23 CFR Part 658 in that the Wisconsin rule designates all of the highways in Wisconsin that are listed in
23 CFR Part 658 as part of the National Network for STAA authorized vehicles. The federal regulation does not prohibit states from allowing operation of STAA authorized vehicles on additional state highways. The rule making authority granted to the Wisconsin Department of Transportation in §
348.07 (4), Stats., allows the DOT to add routes in Wisconsin consistent with public safety. The rule making process also provides a mechanism to review requests from businesses and shipping firms for access to the designated highway system for points of origin and delivery beyond 5 miles from a designated route. A process to review and respond to requests for reasonable access is required by
23 CFR Part 658.
This rule proposes to amend s.
Trans 276.07 (28) and
(31m), Wisconsin Administrative Code, to add two segments of highway to the designated highway system established under s.
348.07 (4), Stats. The actual highway segments that this rule adds to the designated highway system are:
Hwy. From To
CTH T USH 12 STH 29
CTH F STH 124 85th Avenue
The long trucks to which this rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet, a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s.
348.07 (2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.
The effect of this rule will be to extend the provisions of s.
348.07 (2) (f),
(fm),
(gm) and
(gr), and s.
348.08 (1) (e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highway. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segment. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segment provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on this highway segment provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.
These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.
2005 Wisconsin Act 363.
2005 Wis. Act 363 amends s.
348.07 (4), Stats., effective August 1, 2006. That Act also requires the Department to promulgate emergency and permanent rules governing long trucks. It's effect on this proposed rule change has not been determined.
Comparison with Rules in Adjacent States: None of the states adjacent to Wisconsin (Michigan, Minnesota, Illinois and Iowa) have administrative rules relating to long truck routes in their states.
1 The rule text often achieves these objectives by consolidating individual segments into contiguous segments with new end points. In order to determine the actual highway segment added, it is necessary to compare the combined old designations with the combined new designation.
2 45-foot buses are allowed on the National Network and Interstate system by Federal law. Section 4006(b) of the Intermodal Surface Transportation Efficiency Act of 1991.
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: Due to the federal requirement that requests for access to the designated highway system in a state be decided within 90 days of the request, a proposed rule making to add requested routes is initiated without investigation. The public hearing and Department investigation undertaken in preparation for the hearing provide the engineering and economic data needed to make a final decision on whether to withdraw the proposal or proceed to final rule making. In addition, Department review and rule making in response to the enactment of
2005 Wis. Act 363 may affect the Department's final decision on this rule making.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: The provisions of this rule adding two highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes. The Department's Regulatory Review Coordinator may be contacted by e-mail at
andrew.ruiz@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Effect and Anticipated Costs Incurred by Private Sector: The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Contact Person and Place Where Comments are to be Submitted and Deadline for Submission: The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Ashwani Sharma, Department of Transportation, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, WI 53707-7986. You may also contact Mr. Sharma by phone at (608) 266-1273.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1) and
348.07 (4), Stats., interpreting s.
348.07 (4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of chapter Trans 276, Wisconsin Administrative Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:
June 16, 2006
Department of Transportation
Hill Farms State Transportation Office
Room 501 (Eau Claire Room)
Madison, WI
10:00 AM
(Parking is available for persons with disabilities)
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.
Analysis Prepared by the Wisconsin Department of Transportation
Plain Language Analysis and Summary of, and Preliminary Comparison with, Existing or Federal Regulation. In the Surface Transportation Assistance Act of 1982 (STAA), the federal government acted under the Commerce clause of the United States Constitution to provide uniform standards on vehicle length applicable in all states. The length provisions of STAA apply to truck tractor-semitrailer combinations and to truck tractor-semitrailer-trailer combinations. (See Jan. 6, 1983, Public Law 97-424, § 411) The uniform standards provide that:
•
No state shall impose a limit of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination.
•
No state shall impose a length limit of less than 28 feet on any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination.
•
No state may limit the length of truck tractors.
•
No state shall impose an overall length limitation on commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations.
•
No state shall prohibit operation of truck tractor-semitrailer-trailer combinations.
The vehicles authorized by the STAA may operate on the national system of interstate and defense highways and on those federal aid primary highways designated by regulation of the secretary of the United States Department of Transportation. In 1984 the USDOT adopted
23 CFR Part 658 which in Appendix A lists the highways in each state upon which STAA authorized vehicles may operate. Collectively these highways are known as the National Network. In
1983 Wisconsin Act 78, the legislature enacted §
348.07 (4), Stats., which directs the Wisconsin Department of Transportation to adopt a rule designating the highways in Wisconsin on which STAA authorized vehicles may be operated consistent with federal regulations.
The Department of Transportation first adopted ch.
Trans 276 of the Wisconsin Administrative Code in December of 1984. The rule is consistent with
23 CFR Part 658 in that the Wisconsin rule designates all of the highways in Wisconsin that are listed in
23 CFR Part 658 as part of the National Network for STAA authorized vehicles. The federal regulation does not prohibit states from allowing operation of STAA authorized vehicles on additional state highways. The rule making authority granted to the Wisconsin Department of Transportation in §
348.07 (4), Stats., allows the DOT to add routes in Wisconsin consistent with public safety. The rule making process also provides a mechanism to review requests from businesses and shipping firms for access to the designated highway system for points of origin and delivery beyond 5 miles from a designated route. A process to review and respond to requests for reasonable access is required by
23 CFR Part 658.
This rule proposes to amend s.
Trans 276.07(8), Wisconsin Administrative Code, to add one segment of highway to the designated highway system established under s.
348.07(4), Stats. The actual highway segment -
See PDF for diagram 
that this rule adds to the designated highway system is:
Hwy. From To
STH 35 Frederic Siren
The long trucks to which this rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet -
See PDF for diagram , a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s.
348.07 (2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.
The effect of this rule will be to extend the provisions of s.
348.07 (2) (f),
(fm),
(gm) and
(gr), and s.
348.08 (1) (e), Stats., to the highway segment listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highway. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segment. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segment provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on this highway segment provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.
These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.
2005 Wisconsin Act 363.
2005 Wis. Act 363 amends s.
348.07 (4), Stats., effective August 1, 2006. That Act also requires the Department to promulgate emergency and permanent rules governing long trucks. It's effect on this proposed rule change has not been determined.
Comparison with Rules in Adjacent States: None of the states adjacent to Wisconsin (Michigan, Minnesota, Illinois and Iowa) have administrative rules relating to long truck routes in their states.
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: Due to the federal requirement that requests for access to the designated highway system in a state be decided within 90 days of the request, a proposed rule making to add requested routes is initiated without investigation. The public hearing and Department investigation undertaken in preparation for the hearing provide the engineering and economic data needed to make a final decision on whether to withdraw the proposal or proceed to final rule making. In addition, Department review and rule making in response to the enactment of
2005 Wis. Act 363 may affect the Department's final decision on this rule making.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: The provisions of this rule adding a highway segment to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes. The Department's Regulatory Review Coordinator may be contacted by e-mail at
andrew.ruiz@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Effect and Anticipated Costs Incurred by Private Sector: The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Contact Person and Place Where Comments are to be Submitted and Deadline for Submission: The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Ashwani Sharma, Department of Transportation, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, WI 53707-7986. You may also contact Mr. Sharma by phone at (608) 266-1273.
