Scope Statements
Pharmacy Examining Board
Subject
Revises s.
Phar 7.09, relating to remote dispensing of prescription drugs and devices at certain facilities in Wisconsin.
Objective of the Rule
To establish standards for safe dispensing in remote locations, including security, accountability, pharmacist control, counseling, record keeping, and the ability to inspect, detect, and correct work.
Policy Analysis
Section
Phar 7.09, relating to automated dispensing systems, provides a kind of model for machine-based remote dispensing, though it does not include a counseling requirement and will need to be broadened to accommodate systems that are operated by pharmacy professionals and other health care workers.
Statutory Authority
Entities Affected by the Rule
The Pharmacy Examining Board, the Wisconsin Department of Regulation and Licensing, pharmacies, pharmacists, health care workers, and facilities authorized in the Act to dispense remotely.
Comparison with Federal Regulations
None.
Estimate of Time Needed to Develop the Rule
It is estimated that 100 hours will be needed to promulgate the rule.
Regulation and Licensing
Subject
Revising ch.
RL 161, relating to the rules of certification for clinical substance abuse counselors under s.
RL 161.04 (3), Wis. Adm. Code.
Objective of the Rule
The objective of the proposed revision is to address the imminent cancellation of an examination used by the department to certify clinical substance abuse counselors. The department intends to eliminate the requirement that an applicant for clinical substance abuse counselor certification submit evidence to the department of the passage and successful completion of the International Certification & Reciprocity Consortium (IC&RC) case presentation method (CPM) interview and further provide the department with the capacity to approve an alternate examination instrument. The CPM is an oral examination designed by the IC&RC and administered by the Department of Regulation and Licensing.
Policy Analysis
The department's rules for certification of clinical substance abuse counselors require the completion and passage of the International Certification & Reciprocity Consortium (ICRC) “Case Presentation Method" oral examination (also referred to as the “Oral Exam"). The IC&RC, in a memorandum to member boards, which includes the Department of Regulation and Licensing, advised they were revising their written exam to include written practice elements for measurement of clinical AODA treatment skills and were discontinuing the Oral Exam as of June 1, 2008. As the department's rules specify the passage of this exam with no alternative exam specified in rule, the department must consider the elimination of the exam. The IC&RC has offered an alternative, which is to sign an indemnity agreement, which would allow member boards to continue to use the oral exam after the IC&RC's deadline date. In exchange, member boards would be bound by a confidentiality agreement (regarding examination elements), would agree to hold the IC&RC harmless on validity challenges and would provide a disclaimer to applicants that the exam is no longer recognized by the IC&RC.
Statutory Authority
Section
227.11 (2) and subchapter VII of chapter 440, Stats.
Entities Affected by the Rule
Oral examination candidates (those actively applying for certification as a clinical substance abuse counselor).
Comparison with Federal Regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Estimate of Time Needed to Develop the Rule
160 hours
Revenue
Subject
Revises ch.
Tax 8, relating to wine collectors and small winery cooperative wholesalers.
Objective of the Rule
The objectives of the proposed rule are to provide for registration of wine collectors, establish standards of eligibility for registration as a wine collector, specify the form and manner of notice required for the sale of wine from one wine collector to another, and administer and enforce the statutory requirements pertaining to small winery cooperative wholesalers.
Policy Analysis
Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect law changes and court decisions. If the rules are not changed, they will be incorrect in that they will not reflect current law or current Department policy.
Statutory Authority
Entities Affected by the Rule
Comparison with Federal Regulations
The Code of Federal Regulations,
27 CFR 31.28 states: “Any person who sells or offers for sale distilled spirits, wines, or beer, in quantities of 20 wine gallons (75.7 liters) or more, to the same person at the same time, shall be presumed and held to be a wholesale dealer in liquors or a wholesale dealer in beer, as the case may be, unless such person shows by satisfactory evidence that such sale, or offer for sale, was made to a person other than a dealer."
The Department's proposed rule will provide that individuals registered as wine collectors with the Department and meeting the standards established by the rule may annually sell wine that the collector has held for at least eight years. The individual would not be required to hold a retailer's license or wholesaler's permit to conduct this sale in Wisconsin.
Estimate of Time Needed to Develop the Rule
The department estimates it will take approximately 200 hours to develop this rule order.
Transportation
Subject
Revises ch.
Trans 206, relating to the Local Roads Improvement Program (LRIP).
Objective of the Rule
The proposed rule interprets and administers procedures for assisting in the improvement of seriously deteriorating roads under local jurisdiction, under Section
86.31, Stats. Section
86.31 has been revised in
1999 Wis. Act 9 (eff. October 29, 1999), in
2001 Wis. Act 16 (eff. September 1, 2001), in
2003 Wis. Act 33 (eff. July 26, 2003), and in
2005 Wis. Act 25 (eff. July 27, 2005).
Policy Analysis
Section
86.31 (3g), Stats., authorizes a discretionary allocation from LRIP to fund a competitive, county highway improvement program, similar to the existing discretionary program for high-cost town roads. It specified that eligible projects must have a total estimated cost of at least $250,000. The current LRIP matching requirements will apply to this component. The proposed rule will create procedures and criteria for the selection of projects.
Section
86.31 (3r), Stats., authorizes a discretionary allocation from LRIP to fund a competitive, municipal street improvement program, similar to the existing discretionary programs for high-cost town roads and county highways. It specified that eligible projects must have a total estimated cost of at least $250,000. The current LRIP matching requirements will apply to this component. The proposed rule will create procedures and criteria for the selection of projects.
The proposed rule will modify s. Trans. 206.03 (14) to indicate, “…This subsection does not apply to recipients of TRIP-D, or MSIP-D allocations."
Currently, s.
86.31, Stats., requires that all LRIP projects be awarded based on competitive bids and be awarded to the lowest responsible bidder. However, it also makes provision for any city, village, or town that does not receive a responsible bid on a project to contract with the county for the improvement. The proposed rule incorporates the new bidding requirements for town projects including the criteria that specify when a project may be awarded to a county and criteria for the selection of the lowest responsible bidder.
1999 Wis. Act 9 deletes the above provision for town projects only and requires an amendment to the rule to incorporate new bidding requirements for town projects. It also requires the inclusion of criteria and procedures for determining when a contract for a project under the town road improvement programs may be awarded to a county, including, at a minimum:
