Safety and Professional Services —
Pharmacy Examining Board
This statement of scope was approved by the governor on April 29, 2013.
Rule No.
Relating to
The administration of the prescription drug monitoring program.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The Pharmacy Examining Board (Board) seeks to modify ch.
Phar 18 to conform to statutory changes in
2013 Wis. Act 3 which removed veterinarians from the list of practitioners required to comply with the requirements of the Prescription Drug Monitoring Program (PDMP). Specifically, the modifications would delete the definition of “veterinary dispenser" in s.
Phar 18.02 (22), delete all subsequent uses of the term “veterinary dispenser" in this chapter, amend the required data elements identified in s.
Phar 18.04 by modifying the requirements previously added to enable veterinary dispensers to more easily comply with the rules, and correct the citations to the statute due to the statutory changes in Act 3.
3. Description of the Existing policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Currently, ch.
Phar 18 contradicts the statutory directive to create the PDMP in s.
450.19, Stats., as modified by
2013 Wis Act 3. The current language in ch.
Phar 18 requires veterinarians, or “veterinary dispensers" under the rule, to collect and submit to the PDMP specific data about monitored prescription drugs that they dispense.
2013 Wis. Act 3 removed veterinarians from the definition of “practitioners" required to collect and submit data to the PDMP and prevents the Board from requiring veterinarians to submit data that they have collected pursuant to the current rule language. An alternative to the making the modifications is to not make the modifications, which would result in ch.
Phar 18 continuing to contradict s.450.19, Stats., as amended by
2013 Act 3.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
In s.
450.19 (2), Stats., the legislature directs the Board to establish rules to govern the PDMP. In s.
961.31, Stats., the legislature also authorizes the Board to promulgate rules relating to the dispensing of controlled substances. Finally, in ss.
15.08 (5) (b), and
227.11 (2) (a), Stats., the legislature confers to the Board the powers to promulgate rules for the guidance of the profession and to interpret the provisions of statutes it enforces.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
40 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
1) Licensees who are authorized to prescribe and dispense controlled substances: Advanced Practice Nurse Prescribers, Anesthesiologist Assistants, Dentists, Pharmacies, Pharmacists, Physicians, Physician Assistants, Podiatrists, and Veterinarians.
2) Department of Safety and Professional Services Staff.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no existing or proposed federal regulations intended to address the activities regulated by the proposed rule.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is LIkely to Have a Significant Economic Impact on Small Businesses)
There is no anticipated economic impact of the proposed rule.
9. Contact Person
Jean MacCubbin, (608) 266-0955.
Safety and Professional Services —
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
This statement of scope was approved by the governor on April 29, 2013.
Rule No.
Revises chapter MSPW 3.
Relating to
Applications.
Rule Type
Permanent.
This amended Statement of Scope replaces the Statement of Scope submitted to the Governor on March 13, 2013.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The current rule states a temporary credential may not be renewed and the statutes provide for a temporary credential to be renewed once. The objective of the proposed rule is to bring conformity between the statute and rule.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The rule regulating temporary credentials is not consistent with the statutes in that the statutes provide for a temporary credential to be renewed once and the rule states it may not be renewed.
The alternative to correcting the temporary credential renewal rule is to continue to have it contradict the statutes.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats. Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
Section
457.03, Stats. The examining board shall upon the advice of the social worker section
…promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure under this chapter and for supervised clinical training that must be completed for licensure as a clinical social worker
…and approve educational programs and supervised clinical training programs in accordance with those standards.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
50 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Applicants for social worker temporary credentials.
7. Summary and preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Minimal to none.
9. Contact Person
Sharon Henes at (608) 261-2377.
Workforce Development
Employment and Training, Chs.
805—830
This statement of scope was approved by the governor on April 24, 2013.
Rule No.
Creates chapter DWD 801.
Relating to
Rule Type
Permanent.
The Department of Workforce Development (DWD) gives notice pursuant to s.
227.135, Stats., that it proposes to create new rules in Chapter
DWD 801 to implement the program of workforce training grants enacted by
2013 Wisconsin Act 9.
Detailed Description of the Objective of the Proposed Rule
In
2013 Wisconsin Act 9, the Governor and Legislature have enacted s.
106.27, Wis. Stats., which provides that DWD shall award grants to public and private organizations for the development and implementation of workforce training programs. The organizations that receive the grants are allowed to use the funds for the training of unemployed and underemployed workers and incumbent employees of businesses in this state. The grants are intended to respond to the identified needs of employers and employees. The objective of this proposed rule, as required by the statute, is to prescribe the procedures and criteria for awarding these grants and to specify the information that is to be contained in reports to describe how grant funds are expended and what outcomes are achieved.
Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The new policies which will be proposed in the rule will establish the basic procedures and criteria for the awarding of grants, which will include requirements for written proposals, standards for the evaluation of the proposals, and a description of the extent to which matching funds will be required. The new policies will also describe the reports required by the statute which are intended to provide a record of how the grant funds were expended and what outcomes were achieved.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Sec. 106.27(2g), Wis. Stats., provides as follows:
(2g) IMPLEMENTATION. (a) Duties. To implement this section, the department shall do all of the following: 1. Promulgate rules prescribing procedures and criteria for awarding grants under sub. (1) and the information that must be contained in the reports required under subd. 3.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The estimated time is 200 hours.
List with Description of all Entities that May Be Affected by the Proposed Rule
The grant program, and therefore these rules, will primarily affect employers or organizations that are interested or involved in providing workforce training programs and individuals who are seeking training to improve their prospects for obtaining employment.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
These grants are intended to complement and coordinate with existing job training opportunities under federal Workforce Investment Act, 29 U.S. Code 2801,
20 CFR Part 652.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Because this rule carries forward the initiative created by
2013 Wisconsin Act 9, the fiscal note for the bill that was enacted as Act 9, 2013 Assembly Bill 14 (copy attached) also states the anticipated economic impact of the rules.
Contact Person
For program questions:
Rebecca Kikkert, DWD Division of Unemployment Insurance
201 E. Washington Avenue, Madison WI 53703
