If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter, or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rules received at the above address no later than May 12, 2000 will receive the same consideration as testimony presented at the hearing.
Fiscal Estimate
This proposal to repeal and recreate ch. HFS 196, Restaurants, will have minimal fiscal impact. The proposed rules, like the existing administrative rules, include the Department's licensing and enforcement procedures, as well as regulatory requirements for restaurants.
A significant amount of training will be necessary to familiarize affected parties with the format, style and content of the Wisconsin Food Code. The Department will absorb these costs by reallocating current training staff to develop and deliver this training.
Initial Regulatory Flexibility Analysis
Repealing and recreating ch. HFS 196, Wis. Adm. Code, Restaurants, will have a minimal fiscal impact on small businesses as defined in s. 227.114 (1) (a), Stats. Approximately 18,000 restaurant establishments are currently licensed and inspected by either the department or a local city/county health department that serves as an agent of the department. The restaurant establishments range from small establishments that have only limited food preparation and service, to large, restaurant establishments that prepare and serve large volumes of food.
The proposed restaurant establishment rule will include an “Appendix A", Wisconsin Food Code, that will update existing requirements and provide guidance for safe food handling and processing practices. The proposed restaurant rule is nearly identical to the rule being proposed by the Department of Agriculture, Trade and Consumer Protection for retail food establishments. The proposed rule is based on the 1999 model food code published by the United States Food and Drug Administration (FDA) which is applicable to restaurants as well as retail food establishments. The FDA has recommended that state and local governments adopt the model food code to provide more regulatory uniformity between restaurants and retail food establishments and across local, state and federal jurisdictions.
The proposed changes to ch. HFS 196 that may affect small businesses are the following:
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The Wisconsin Food Code includes management and personnel standards. Restaurant management must have knowledge of principles necessary for the prevention of foodborne disease or illness and the use of a Hazard Analysis Critical Control Point (HACCP) program. Additional personnel standards address employee health, personal cleanliness and hygienic practices.
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The proposed rule expands and clarifies the current rules regarding sanitation standards for personnel in restaurants.
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The proposed rule expands from the current rule the procedures of how, when and where to wash one's hands and maintain one's fingernails.
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Under the proposed rule, no restaurant may acquire food from an unlicensed, unapproved source.
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The proposed rule adds the United States Food And Drug Administration (FDA) national shellfish safety program regulations regarding the handling of shellfish in restaurants.
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Temperatures required for the preparation, storage, holding and reheating of potentially hazardous foods have been changed to be consistent with national food safety standards. New temperature requirements for raw animal foods, cooked plant foods, wild game species, and exotic games species are provided.
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Cooling requirements for potentially hazardous foods are changed to allow longer cooling times.
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Requirements related to handling of ready-to-eat food have been changed to specifically prohibit touching of such foods with bare hands, unless otherwise approved by the Department.
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The proposed rule allows the use of time, as the only factor, rather than time in conjunction with temperature, as a public health control measure.
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A variance from the Department will be required for specialized processing methods as a method of food preservation; such as smoking food, curing food, brewing alcoholic beverages, using food additives, using reduced oxygen packaging methods and similar specialized processing methods.
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The Wisconsin Food Code requires the operator of a food establishment to inform consumers of the increased risk associated with eating certain animal foods that may be served raw, undercooked or not otherwise processed to eliminate pathogens.
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The proposed rule includes special requirements for restaurants that restrict the serving of certain foods to highly susceptible populations.
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The proposed rule, as the current rule, includes food equipment standards, and requirements for utensils, linens and other equipment. It also includes requirements for mobile and temporary food establishments, public toilet rooms, and food manager certification requirements for restaurant or food service operations.
With the exception of “Demonstration of Knowledge", the proposed rule does not propose major changes that will affect small businesses in Wisconsin.
The affect of requiring food service management to have knowledge of principles necessary for the prevention of foodborne disease (Demonstration of Knowledge) at restaurants would be minimal. Currently most restaurants have managers that are required to maintain a Food Managers Certification. This certification covers the knowledge of food safety principles. The only additional cost would entail providing an appropriate level food safety training of all staff who handle food.
The overall impact of the proposed ch. HFS 196 rule changes on small business are minimal. It will not be necessary for restaurants to retain additional professional services to comply with this rule.
Notice of Hearing
Nursing, Board of
Notice is hereby given that pursuant to authority vested in the Board of Nursing in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 440.08 (3), Stats., the Board of Nursing will hold a public hearing at the time and place indicated below to consider an order to renumber s. N 5.08 (2); and to create s. N 5.08 (2) (b), relating to renewal after 5 years.
Hearing Information
May 18, 2000 Room 179A
Thursday 1400 East Washington Ave.
2:15 p.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 June 2, 2000 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) and 227.11 (2)
Statute interpreted: s. 440.08 (3)
Under s. N 5.08 (2), the Board of Nursing may require a credential holder who has failed to renew his or her license within 5 years after its renewal date to demonstrate continued competence in the practice of nursing as a prerequisite to credential renewal. The rule provides that the Board may require demonstration of competence by various methods, including written or oral examination, documentation of nursing work in other jurisdictions, or documentation of current education or experience in the field. Where an applicant is unable to demonstrate current competence in the manner suggested, the Board has required the applicant to appear before the Board in order to provide the Board an opportunity to determine what remedial education and training is necessary. In cases where there is no other negative information relating to the application, the Board has invariably required that the applicant complete a nursing refresher course. The proposed rule would provide for a limited license to permit an applicant who is unable to demonstrate current competence to complete a nursing refresher course without the need to make a personal appearance before the Board.
The Board has authority under s. 440.08 (3), Stats., and s. N 5.08 (2), to require that an applicant who has failed to renew his or her credential in more than 5 years to demonstrate current competence. In most instances, there is no adverse information relating to the applicant and the only question is whether he or she has remained current in the profession. In cases where the applicant is unable to demonstrate current competence, he or she has been required to appear before the Board for a personal appearance, thus delaying the renewal of the license for two to three months. The Board's invariable decision in these cases is to require simply that the applicant complete a nursing refresher course. A nursing license is a prerequisite to enrollment in nursing refresher courses, and the proposed rule would permit the applicant to receive a limited license for that purpose without suffering the expense and delay of making a personal appearance before the Board.
Text of Rule
SECTION 1. N 5.08 (2) is renumbered N 5.08 (2) (a).
SECTION 2. N 5.08 (2) (b) is created to read:
N 5.08 (2) (b) An applicant for renewal who has failed to renew his or her license within 5 years, and who is unable to document nursing work in other jurisdictions, or document current education or experience in the field, may apply to the board for a limited license to enable the applicant to complete a nursing refresher course approved by the board.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Information
Copies of this proposed rule are available without cost upon request to:
Pamela Haack
Dept. of Regulation and Licensing
Office of Administrative Rules
1400 East Washington Avenue, Room 171
P.O. Box 8935
Madison, WI 53708
Telephone (608) 266-0495
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) (a) and (e), Stats., and interpreting s. 450.02 (3) (a), (b), (d) and (e), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. Phar 7.05 (3) (a) (intro.), (c), (5) and (6) (intro.), relating to transfer of prescription orders.
Hearing Information
April 11, 2000 Room 179A
Tuesday 1400 East Washington Ave.
9:15 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 April 25, 2000 to be included in the record of rule-making proceedings.
Analysis
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 450.02 (3) (a) and (e)
Statute interpreted: s. 450.02 (3) (a), (b), (d) and (e)
Under s. Phar 7.05 (3) and (4), a prescription order may be transferred between pharmacies only one-time. The Pharmacy Examining Board amends its rules to permit an unlicensed number of transfers between pharmacies. For example, a consumer may have a prescription order for medication with five refills that is originally presented and filled at a Milwaukee pharmacy. If the consumer goes on vacation in Door County and finds he or she requires a refill while there, the consumer can have the prescription order “transferred" to a Door County pharmacy for dispensing a refill. However, under the current on-time transfer rule, when the consumer returns to Milwaukee he or she will need a new prescription order for the medication, because the prescription cannot be transferred back to the original pharmacy even though there are refills remaining. The Board believes the rule should be modified to rectify these types of situations.
The current reference to the transfer of an original prescription order is removed and modifies the one-time transfer limitation to permit unlimited transfer with the restriction that the transfer of original prescription order information for the purpose of renewal dispensing of controlled substances is only permitted between two pharmacies on a one-time basis. The controlled substance one-time transfer restriction does not apply where pharmacies have access to a common central processing unit, and approval is received from the Pharmacy Examining Board, and a variance is obtained from the Federal Drug Enforcement Administration.
Text of Rule
SECTION 1. Phar 7.05 (3) (a) (intro.), (c), (5) and (6) (intro.) are amended to read:
Phar 7.05 (3) (a) Except as provided in sub. (5), the transfer of original prescription order information for the purpose of renewal dispensing is permissible between 2 pharmacies on a one-time an unlimited basis pursuant to the following requirements:
(c) The original and transferred prescription order orders shall be maintained for a period of 5 years from the date of the last renewal.
(5) Pharmacies The transfer of original prescription order information for the purpose of renewal dispensing of a controlled substance is permissible between 2 pharmacies only on a one-time basis. However, pharmacies having access to a common central processing unit are not limited in the transfer of original prescription order information pertaining to controlled substances for the purpose of renewal dispensing if prior written approval is received from the board.
