The following proposed rules revise certification requirements of the Law Enforcement Standards Board for instructors who teach basic and advanced training for law enforcement, jail and secure detention officers. Revised requirements pertain to new instructors and to experienced instructors who seek to renew their certification. They restrict certification to qualified persons who instruct basic training, instructor training or who employ training guides approved by the Board. They also establish a new, single term of certification and a single anniversary date for multiple certifications.
Text Rules
SECTION 1. LES 4.01 (intro.), (2)(a), (c) and (d) are amended to read:
LES 4.01 Certifications. The following certifications shall be made by the board on the basis of information to be acquired on forms designed by the bureau and approved by the board. Where necessary or deemed advisable, additional information may be acquired through personal inquiry. at the direction of the board. All board decisions are subject to appeal by any interested party.
(2) INSTRUCTORS. (a) Any person who participates as an instructor in training which has been a preparatory course, instructor course or who employs a training guide approved by the board or bureau or for which reimbursement is sought from the bureau, shall be certified by the board.
(c) The board shall certify persons to be general new instructors as outlined in s. LES 4.02. It shall certify persons to be specific skills instructors as outlined in s. LES 4.03. It shall certify authorize persons to be professional instructors as outlined in s. LES 4.04. Instructor certifications shall be granted on the basis of documented qualifications of experience, education, and training in accord with the requirements of this section.
(d) (intro.) The board may deny, suspend, or revoke an instructor's certification or authorization when the board finds that the person:
1. Has failed to meet the board's requirements for certification or professional authorization;
2. Has failed to remain knowledgeable and current in the person's instructional area of expertise;
3. Has failed to meet reasonable instructional standards and practices.
SECTION 2. LES 4.01(2)(b) is repealed and recreated to read:
LES 4.01(2)(b) All existing instructor certificates shall expire on March 1, June 1, September 1, or December 1, 2001 based on the month of first certification. All certifications held by an instructor shall expire on the same date. Rules of recertification adopted as of September 1, 1999 shall apply to instructor recertifications in the year 2001.
SECTION 3. LES 4.02 (title), (1) (intro.), (a), (b), 1 and 2 are amended to read:
LES 4.02 (title) General New instructor. (1) (intro.) GENERAL NEW INSTRUCTOR CERTIFICATION. Certificates Certification issued in this category on or after January 1, 1990, September 1, 1999, shall be limited to those topics which have not been incorporated by the under its specific instructor certifications. Persons certified as general instructors are not authorized to teach subjects which have been identified by the board as specific skills. or as requiring professional certification. approved for qualified persons who instruct a preparatory course, an instructor course or who employ training guides approved by the board. To qualify for general new instructor certification, an applicant shall demonstrate to the satisfaction of the board, a combination of education, occupational experience and proficiency in the instructional process. Applicants shall meet the following minimum qualifications for general new instructor certification:
(a) Any person who has been certified as an instructor by the Wisconsin technical college system under ch. TCS 3, administrative rules of the Wisconsin technical college system, and has completed an approved teaching methods course and other specialized instructor training designated by the board shall be certified by the board. Complete copies of records which have been submitted to the state technical college system in compliance with requirements of ch. TCS 3, in addition to copies of any A copy of the instructor certificates issued by the state technical college system, along with evidence of completion of an approved teaching methods course and other specialized instructor training designated by the board, shall be forwarded by the applicant to the board; and upon receipt of the documents, the board shall certify the applicant.
(b) Any applicant who has not been certified as an instructor by the Wisconsin state board of vocational, technical and adult education technical college system shall present documentary evidence showing that the applicant: has successfully completed a teaching methods course approved by the board and any other specialized instructor training designated by the board.
1. Is a high school graduate or has obtained In addition, any applicant requesting certification to teach any portion of the jail or secure detention preparatory course or to employ board approved training guides, shall at a minimum, show evidence of obtaining a high school degree or of obtaining a high school equivalency diploma from the state of Wisconsin or its equivalent from another state and has acquired 4 3 years of practical occupational experience as a criminal justice certified jail officer or as an administrator or specialist in a field directly related to the subject for which he or she requests certification to teach instruct; or,
2. Has been Any applicant requesting certification to teach any portion of the board approved law enforcement and tribal law enforcement preparatory course, instructor course or from board approved training guides, shall at a minimum, show evidence of being awarded an associate degree or 60 college credits and has acquired 3 years of practical occupational experience as a criminal justice certified law enforcement officer or as an administrator or specialist in a field directly related to the subject for which he or she requests certification.
SECTION 4. LES 4.02(1)(b)3 is repealed.
SECTION 5. LES 4.02(2) is repealed and recreated.
LES 4.02(2) TERM OF CERTIFICATION. The term of certification of an instructor is 3 years from the date of board approval. If a certified instructor receives additional board certification, the term of subsequent certification will be for the balance of the initial certification period.
SECTION 6. LES 4.02(3) is repealed.
SECTION 7. LES 4.02(4)(intro.) and (a) and (b) are renumbered LES 4.02(3)(intro.) and (a) and (b) and amended to read:
LES 4.02(3)(intro.) TERMS AND CONDITIONS OF GENERAL INSTRUCTOR CERTIFICATION. RENEWAL OF INSTRUCTOR CERTIFICATION. The term of certification as a general instructor is 5 years from the date the board issues a certificate.. A certificate may subsequently be renewed by the board for 5 3 year periods. The application for renewal shall contain, in addition to the requirements listed in s. LES 4.01, shall provide documentary evidence indicating the applicant has remained active as an instructional or occupational practitioner or both continued occupational or related educational experience in the field(s) of practice for which recertification is sought during the previous 5 3 year period. At a minimum such evidence shall include the following:
(a) Proof that the applicant has within the 5 year period preceding application for renewal, instructed a minimum of eight hours in a bureau or board approved training course; and evidence of continued occupational competency as demonstrated by experience or current, relevant coursework Occupational experience shall be of such recency and relevance as to add to the applicants preparedness for recertification. Occupational experience shall represent current practices. Instructed each course for which recertification is sought at least twice within the 3 year period preceding the application for renewal.
(b) A favorable written recommendation from a director of a certified or approved school for whom the applicant has taught or from the chief law enforcement officer of a department for whom the applicant has taught; or a favorable evaluation by a board or bureau member based on on-site classroom evaluation of a presentation by the applicant during the 5 previous 3 year period of general instructor certification.
SECTION 8. LES 4.02(3)(c) is created to read:
LES 4.02(3)(c) Proof the applicant has completed all specialized training requirements related to the subject(s) for which recertification is sought as required by the board and published in its policy and procedure manual.
SECTION 9. LES 4.03 is repealed.
SECTION 10. LES 4.04 is renumbered LES 4.03 and amended to read:
LES 4.04 Professional instructor. (1) PROFESSIONAL INSTRUCTOR CERTIFICATION. The board may certify persons to be professional instructors when such persons Persons holding a are required to be licensed valid licensed issued by the state of Wisconsin or to hold an equivalent license in other states or, if approved by the board, a comparable license issued by another state and are currently in good standing, and hold a valid license. shall be authorized to instruct subjects in the general professional area covered by the license. To be eligible for professional certification, a qualified instructor must receive: The board shall determine which subjects shall be taught by a licensed professional instructor.
(a) Submit written The endorsement of a chief administrator of a law enforcement agency,
(b) The endorsement of the law enforcement coordinator of a board certified school, or
(c) Approval of the bureau.
(2) TERMS AND CONDITIONS OF PROFESSIONAL CERTIFICATION AUTHORIZATION The term of certification authorization as professional instructor is 5 years from the date of certification. A certification may subsequently be renewed for 5 year periods. For renewal, a person shall receive a favorable recommendation from the director of a certified or approved school or the bureau or a favorable evaluation by a board or bureau member based on on-site classroom evaluation of a presentation by the instructor during the 5 year period of professional authorization valid for the period of the professional state license provided the person is in good standing with the board.
SECTION 11. LES 4.05 and 4.06 are renumbered LES 4.04 and 4.05.
SECTION 12. LES 4.07 is repealed.
SECTION 13. LES 4.08, 4.09 and 4.10 are renumbered LES 4.06, 4.07 and 4.08 and amended to read:
LES 4.06. Schools may use guest instructors with unique qualifications otherwise not available from certified instructors. Those guest instructors shall have generally accepted credentials, statewide or nationally, in the specific subject of their instruction. Schools shall receive prior approval for guest instructors from the bureau. Schools may also use licensed professional instructors, as defined in LES 4.03, for subjects specific to the licensed professional as recognized by the board.
LES 4.07. In an emergency, based on illness or unavailability of the scheduled instructor, schools may substitute instructors they feel to be competent in the area of instruction without prior approval. In the event an instructor is substituted, on an emergency basis, the bureau shall, within 30 days of completion of said instruction, be advised by the school or agency conducting the training of the name and qualifications of the substitute instructor used and the portions of the curriculum the instructor taught.
LES 4.08. The board may accept as satisfactory, without further training a current certification in cardiopulmonary resuscitation or emergency medical technician to instruct in courses for which those certifications are appropriate the qualifications of any person currently meeting Wisconsin Technical College System certification requirements to instruct cardiopulmonary resuscitation or other medical-related subjects in a preparatory course, instructor course or from training guides approved by the board.
Initial Regulatory Flexibility Analysis
Proposed rules of the Law Enforcement Standards Board do not affect small businesses.
Fiscal Estimate
There is no fiscal effect.
Contact Person
Dennis Hanson, Director
Training and Standards Bureau
Wisconsin Department of Justice
123 West Washington Avenue
P.O. Box 7070
Madison, WI 53707-7070
Telephone: 608/266-7864
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) and 227.11 (2), Stats., and interpreting s. 450.02 (2g) (a), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to create ch. Phar 16, relating to the approval of continuing education courses for pharmacists.
Hearing Information
The public hearing will be held as follows:
Date and Time:   Location:
July 13, 1999   Room 179A
Tuesday   1400 East Washington Ave.
9:30 a.m.   MADISON, WI
Written Comments
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 July 27, 1999 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2),   and 450.02 (2g) (a)
Statute interpreted: s. 450.085 (1)
This proposed rule-making order of the Pharmacy Examining Board creates rules to implement the continuing education requirements for pharmacists to biennially renew their licenses, beginning on June 1, 2000. This continuing education requirement of pharmacists as a condition for license renewal was created by 1997 Wis. Act 68.
The rules provide that beginning with the June 1, 2000 renewal deadline, licensees shall be required to “certify" on their renewal applications that they have obtained the statutorily required 30 hours of continuing education during the previous biennium. The continuing education must consist of educational programs approved by the American Council on Pharmaceutical Education (“ACPE"), or other programs that may be approved by the Board itself.
The rules provide that pharmacists must retain evidence from the educational program providers of ACPE of attendance and completion of continuing education programs for a period of 5 years following the renewal date for the biennium in which the education was required. For example, as set forth in a note to the rules, a pharmacist who renews his or her license on June 1, 2000, must retain proof of having obtained 30 hours of continuing education in the 2 years preceding renewal until June 1, 2005.
The continuing education requirement has 2 primary exceptions. First, it does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the Board originally granted the license. Second, it will not apply to individuals who have applied for and received waivers of the requirements from the Board for reasons such as prolonged illness, disability, or other similar circumstances.
Text of Rule
SECTION 1. Chapter Phar 16 is created to read:
Chapter Phar 16
CONTINUING EDUCATION FOR PHARMACISTS
Phar 16.01 Authority and purpose. The rules in this chapter are adopted by the pharmacy examining board pursuant to the authority delegated by ss. 15.08 (5) (b), 227.11 (2) and 450.02 (2g) (a), Stats.
Phar 16.02 Continuing education required; waiver. (1) Each pharmacist required to complete the continuing education requirement provided under s. 450.085, Stats., shall, in each second year at the time of making application for renewal of a license under s. 450.08 (2) (a), Stats., sign a statement on the application for renewal certifying that the pharmacist has completed at least 30 hours of acceptable continuing education programs within the 2-year period immediately preceding the date of his or her application for renewal. The 30 hours of continuing education for pharmacists first applies to applications that are submitted to the department to renew a license to practice pharmacy that expires on June 1, 2000. This subsection does not apply to an application for renewal of a license that expires on the first renewal date after the date on which the board initially granted the license.
(2) A pharmacist may apply to the board for waiver of the requirements of this chapter on grounds of exceptional circumstances such as prolonged illness, disability or other similar circumstances that the pharmacist indicates have prevented him or her from meeting the requirements. The board will consider each application for waiver individually on its merits.
Phar 16.03 Acceptable continuing educational programs. The board recognizes only those educational programs approved at the time of the pharmacist's attendance by the American council on pharmaceutical education, or other board approved programs.
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