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.
(6) A computerized system may be used for maintaining a record, as required under this section, of prescription dispensing and transfers of original prescription order information for the purposes of renewal dispensing, if the system:
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: These rules would increase agency costs due to printing and postage costs for mailings for approximately 6,000 pharmacists. A copy of the rules and a cover letter would need to be mailed and associated with this mailing would be approximately $15,000. This cost to print and mail each rule is estimated at $2.50 multiplied by 6,000. This is a one-time cost.
Initial Regulatory Flexibility Analysis
These proposed rules shall be reviewed by the Department through its Small Business Review Advisory Council 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 Proposed Rule
Revenue
Notice is hereby given that, pursuant to s. 71.80(1)(c), Stats., and interpreting subch. VII of ch. 77, Stats., and according to the procedure set forth in s. 227.16(2)(e), Stats., the Department of Revenue will adopt the following rules as proposed in this notice without public hearing unless, within 30 days after publication of this notice on April 1, 2000, it is petitioned for a public hearing by 25 natural persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule:
Contact Person
Please contact Mark Wipperfurth at (608) 266-8253, if you have any questions regarding this proposed rule order.
Analysis by the Department of Revenue
Statutory authority: s.71.80(1)(c)
Statutes interpreted: subch. VII of ch. 77
SECTION 1. Tax 2.32 is created, to define the term “gross receipts" as it applies to subch. VII of ch. 77, Stats., relating to the recycling surcharge.
As a result of a nonstatutory provision in 1999 Wis. Act 9, sec. 9143(3d), the department is required to submit proposed rules to define “gross receipts" under subch. VII of ch. 77, Stats., as affected by 1999 Wis. Act 9. The proposed rules are to be submitted to the Legislative Council staff under s. 227.15(1), Stats., no later than February 1, 2000.
Text of Rules
SECTION 1. Tax 2.32 is created to read:
Tax 2.32 Recycling surcharge – gross receipts defined. (1) PURPOSE. This section defines “gross receipts" for purposes of the recycling surcharge under subch. VII of ch. 77, Stats.
Note: For any taxable year, a recycling surcharge is imposed on: (a) individuals, estates, trusts, statutory employes and partnerships that have at least $4,000,000 in gross receipts from a trade or business for the taxable year; (b) corporations and insurers that have at least $4,000,000 in gross receipts from all activities for the taxable year; and (c) individuals, estates, trusts and partnerships engaged in farming that have at least $1,000,000 in gross receipts from farming for the taxable year.
(2) DEFINITIONS. In subch. VII of ch. 77, Stats., and this section:
(a) “Gross receipts from all activities of corporations" means the sum of the following items reportable by corporations other than those listed in pars. (c) and (d):
1. Gross receipts or sales reportable on line 1a of federal form 1120, U. S. corporation income tax return.
2. Gross dividends reportable on line 4 of federal form 1120.
3. Gross interest income reportable on line 5 of federal form 1120.
