Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the emergency rules or the proposed permanent rules will have any negative economic impact on small businesses.
Environmental Assessment
Notice is hereby further given that the Department of Commerce and the Department of Natural Resources have each made a preliminary determination that the creation of ch. Comm 46 and ch. NR 746 and the related changes to chs. NR 700, 716, 720, 722 and 726 do not involve significant adverse environmental effects and do not need an environmental analysis under ch. Comm 107, or NR 150, Wis. Adm. Code, respectively. However, based on the comments received, the Department of Commerce or the Department of Natural Resources may prepare an environmental analysis. This environmental review document would summarize the Department's consideration of the impacts of the emergency rule and reasonable alternatives.
Hearing Information
June 15, 2000 Room 511 in General Executive
Thursday Facility 2 (GEF 2)
at 1:00 pm 101 S. Webster Street, 5th Floor
Madison, Wisconsin
July 10, 2000 Classroom in Havenwoods Center
Monday (Havenwoods State Forest)
at 10:00 am 6141 N. Hopkins
Milwaukee, Wisconsin
July 12, 2000 Room 2 at UW Extension
Wednesday 212 River Drive
at 11:00 am Wausau, Wisconsin
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Theresa Evanson at (608) 266-0941 with specific information on your request at least 5 business days before the date of the scheduled hearing.
Written comments on the emergency rule ch. Comm 46 and ch. NR 746, with related changes to chs. NR 700, 716, 720, 722 and 726, adopted by the Department of Commerce and the Department of Natural Resources, and the proposed permanent rules may be submitted to Richard Meyer, Department of Commerce, 201 W. Washington Avenue, 4th Floor, PO Box 2689, Madison, WI 53707-2689, or Theresa Evanson, Bureau for Remediation and Redevelopment, DNR, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, no later than June 30, 2000. Written comments that are mailed to either Department will be given the same weight and effect as oral statements presented at the hearings.
Copies of Rules and Fiscal Estimates
A copy of emergency rule [RR-22-00 (E) & RR-23-00] ch. Comm 46 and ch. NR 746, related changes to chs. NR 700, 716, 720, 722 and 726, and the corresponding fiscal estimates, may be obtained from Richard Meyer at (608) 266-3080 and Theresa Evanson at (608) 266-0941.
Fiscal Estimate
There is no fiscal effect.
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 (3) (a) 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 7.01 (1) (e), relating to delivery of prescriptions.
Hearing Information
The hearing will be held as follows:
Date and Time Location
June 14, 2000 Room 179A
Wednesday 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 Wednesday, July 5, 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. 450.02 (3) (a) and (e)
Rules of the Pharmacy Examining Board identify in s. Phar 7.01 (1) (e) that prescription drugs may be delivered by an agent of the pharmacist to a patient's residence where the delivery is accompanied by appropriate directions and an offer that consultation is available by contacting the pharmacist. The rule amendment proposed will expand the patient's options for choice in designating a location of delivery.
Section Phar 7.01 (1) (e) is amended to expand the exception for delivery of prescription drugs and will allow the patient to designate other locations for delivery in addition to the patient's residence. In the case of delivery to a location other than the patient's residence, the requirement to offer consultation is expanded to apply to any other location designated by the patient.
Text of Rule
SECTION 1. Phar 7.01 (1) (e) is amended to read:
Phar 7.01 (1) (e) Give the patient or agent appropriate consultation relative to the prescription except that prescriptions may be delivered by an agent of the pharmacist to a patient's residence or other locations designated by the patient if the delivery is accompanied by appropriate directions and an indication that consultation is available by contacting the pharmacist. The consultation requirement applies to original and renewal prescription orders and, except when prescriptions are delivered to a patient's residence or other location designated by the patient, is not satisfied by only offering to provide consultation.
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 will have no significant 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
Telephone (608) 266-0495
Dept. of Regulation and Licensing
Office of Administrative Rules
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
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), 450.02 (2), (3) (a) and (d) and 450.11 (3), 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 create s. Phar 7.015, relating to delegation of duties by a pharmacist.
Hearing Information
The hearing will be held as follows:
Date and Time Location
June 14, 2000 Room 179A
Wednesday 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 Wednesday, July 5, 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), 227.11 (2), 450.02 (2), (3) (a) and (d) and 450.11 (3)
Statute interpreted: s. 450.02 (3) (a), (b), (d) and (e)
Rules of the Pharmacy Examining Board identify in s. Phar 7.01 that non-pharmacist employees may be assigned duties by a pharmacist relating to receiving prescriptions, preparing and dispensing drugs. The rules proposed will more specifically define the responsibilities of a pharmacist who delegates duties and describe the types of duties related to compounding and delivering drugs that may be delegated.
Section Phar 7.015 is created to define a pharmacy technician as a non-pharmacist or non-pharmacist intern, who is under the immediate and direct supervision of the pharmacist. The functions of the pharmacy technician are technical and nonjudgmental. The technical dispensing functions which may be delegated to a pharmacy technician are listed, as well as those dispensing functions which may not be delegated to a pharmacy technician. The delegation of approved dispensing functions to a pharmacy technician by the pharmacist does not relieve the pharmacist of responsibility for the proper filling of the prescription order.
Text of Rule
