NOTICE IS HEREBY GIVEN that pursuant to ss. 280.11 and 281.17 (8), Stats., interpreting ss. 280.11 and 281.17 (8), Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 809, Wis. Adm. Code, relating to lead and copper monitoring and treatment requirements for public water systems. The changes do not affect the lead or copper maximum contaminant level goals, the action levels or the basic regulatory requirements. Rule revisions will improve implementation by clearly defining appropriate sample site locations, criteria for monitoring reductions and steps for continuing corrosion control treatment. In addition, changes reduce the reporting burden for systems. Systems would not be required to submit certifications for first-draw samples, tier 1 sites or request for reduced monitoring. It also expands the time frame for reporting water quality parameters. Overall, this rule should not reduce the regulatory workload on public water systems, but should make it more simple and less costly to comply with the lead and copper rule.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 280.11 and 281.17(8), Stats., interpreting ss. 280.11 and 281.17 (8), Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 809 and the creation of subch. IX of ch. NR 809, Wis. Adm. Code, relating to public notification requirements for public water systems. The revisions to the public notice rule are essentially an attempt to simplify and further clarify existing Safe Drinking Water Act required public notice requirements. These revisions separate public notifications into three categories called “tiers". Tier 1 public notices will be required for acute public health violations such as a violation of the Total Coliform Rule and notice must be issued within 24 hours. Tier 2 public notification will be required for non-acute maximum contaminant level violations and this type of notice may be delayed up to 30 days. Finally, tier 3 public notice is required for most monitoring and reporting violations and other “minor" violations and may be provided once per year.
The rule revisions clearly spell out what type of violations fit under each tier and provide step by step information regarding what must be done by public water systems that incur violations. In addition, creating the tiered notification process will substantially reduce overall noticing required of public water systems by allowing a “once per year" notice in a water system's annual consumer confidence report. This allowance should actually reduce the cost of noticing for some systems and greatly simplify the process for others.
In addition to clarifying and simplifying existing requirements, this rule revision includes new mandatory public notice language for newly regulated contaminants promulgated under other rules and reformats existing tables to make them easier to understand and use. Overall, this regulation should not increase the regulatory workload on public water systems and should make it more simple and less costly to comply with public notice requirements.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small business. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Any small business classified as having a public water system.
b. Description of reporting and bookkeeping procedures required: No procedures not already required under the federal rule.
c. Description of professional skills required: No skills not already required under the federal rule.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
December 14, 2000 Video conference participation will be Thursday available at:
9:00 a.m. Room 021, GEF #2 Building
101 S. Webster Street
Madison
Room 139, State Office Building
718 W. Clairemont Avenue
Eau Claire
Room 618, State Office Building
200 N. Jefferson Street
Green Bay
Room B29, State Office Building
3550 Mormon Coulee Road
LaCrosse
Room 542, State Office Building
819 N. 6th Street
Milwaukee
Room 3, DNR Regional Headquarters, 107 Sutliff Avenue
Rhinelander
December 15, 2000 Video conference participation will be Friday available at:
3:00 p.m. Room 021, GEF #2 Building
101 S. Webster Street
Madison
Room 139, State Office Building
718 W. Clairemont Avenue
Eau Claire
Room 618, State Office Building
200 N. Jefferson Street
Green Bay
Room B29, State Office Building
3550 Mormon Coulee Road
LaCrosse
Room 542, State Office Building
819 N. 6th Street
Milwaukee
Room 3, DNR Regional Headquarters, 107 Sutliff Avenue
Rhinelander
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 Don Swailes at (608) 266-7093 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rules may be submitted by mail to Mr. Don Swailes, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707 or by FAX to Mr. Swailes at (608) 267-7650 no later than January 15, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rules [DG 45-00] and [DG 46-00] and fiscal estimates may be obtained from Mr. Swailes.
Fiscal Estimate
There is no state fiscal impact associated with these rule changes. However, the Environmental Protection Agency estimates that these changes will reduce the reporting burden for each public water system an average of 0.5 hrs. per year. The Department estimates the cost of administrative and recordkeeping activities for public water systems at approximately $25.00 per hour. There are about 2200 public water systems impacted by these rule changes. Therefore the total annual cost for all affected public water systems will be - $27,500. (2200 systems x $25.00 per hour x 0.5 hours).
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) 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 (3), relating to supervising pharmacy interns.
Hearing Date, Time and Location
Date: December 12, 2000
Time: 9:15 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
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 December 28, 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) and 450.02 (3) (a) and (e)
Statute interpreted: s. 450.02 (3) (a) and (e)
Current requirements of s. Phar 7.01 (3) state that a pharmacist may supervise no more than one pharmacy intern and 2 non-pharmacists engaged in compounding and dispensing activities as described in s. Phar 7.01 (1) (c), except that a higher ratio may be authorized by the board upon request to and approval by the board of a specific plan describing the manner in which additional interns or non-pharmacists shall be supervised. Proposed rule, s. Phar 7.015, sets forth the allowable delegation of duties to a pharmacy technician. The objective of modifying s. Phar 7.01 (3) is to delete the reference to non-pharmacists since under proposed s. Phar 7.015, a pharmacist may delegate delineated acts to pharmacy technicians, limited not to a predetermined pharmacist/technician ratio, but by the pharmacist's duty to generally supervise those technicians to which acts are delegated.
Text of Rule
SECTION 1. Phar 7.01 (3) is amended to read:
Phar 7.01 (3) A pharmacist may supervise no more than one pharmacy intern and 2 non-pharmacists engaged in compounding and dispensing activities as described in sub. (1) (c), except a higher ratio may be authorized by the board upon request to and approval by the board of a specific plan describing the manner in which additional interns or non-pharmacists shall be supervised.
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 Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (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), 450.02 (2g) (a) and (3) (e), 450.03 (2) and 450.04 (1), Stats., and interpreting ss. 450.02 (3) (e), 450.03 (2), 450.05 (1) and 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 repeal ss. Phar 2.06 (1) (title), (2) and (3) and 4.02 (3) and (4); and to amend ss. Phar 2.03 (1), 2.06 (1), 12.03 (2) (d) and (e), 13.05 (2) and 16.02 (1), relating to consultation programs and licensure requirements.
Hearing Date, Time and Location
Date: December 12, 2000
Time: 9:15 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
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 December 28, 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 (2g) (a) and (3) (e), 450.03 (2) and 450.04 (1)
Statutes interpreted: ss. 450.02 (2g) (a), (3) (e), 450.03 (2) and 450.04 (1)
The objective of the proposed amendment of ss. Phar 2.03 (1), 2.06 (1) and (4), 4.02 (5) and (6) and 16.02 is to remove the consultation requirement from the examination for licensure for all applicants and to instead require consultation programs as a part of continuing education. Currently, an applicant for original licensure in this state and pharmacists licensed in another state seeking licensure in this state must successfully pass an examination pertaining to the consultation of patients.
The object of the proposed repeal of ss. Phar 2.06 (2) and (3) and 4.02 (3) and (4), relating to the active practice of pharmacy, equivalency examinations, practice of pharmacy examination, and laboratory practical examination is to provide consistent licensure requirements between applicants licensed in another state and residents of this state seeking original licensure.
The object of amending ss. Phar 12.03 (2) (d) and (e) and 13.05 (2) is to remove a federal citation date which no longer applies.
Section Phar 2.03 (1) is amended to remove a reference to an examination that is no longer required.
Text of Rule
SECTION 1. Phar 2.03 (1) is amended to read:
Phar 2.03 (1) An applicant for original licensure as a pharmacist is required to pass the examinations identified in s. Phar 4.02 (1)
, (4) and (5) (2).
SECTION 2. Phar 2.06 (1) (title) is repealed.
SECTION 3. Phar 2.06 (1) is amended to read:
Phar 2.06 Examinations for persons licensed in another state. (1) An applicant licensed as a pharmacist in another state who is engaged in the active practice of pharmacy, shall take the multi-state pharmacy jurisprudence examination described in s. Phar 4.02 (1)
, and the patient consultation portion of the laboratory practical examination described in s. Phar 4.02 (4). The applicant shall submit , on forms furnished by the board, information describing his or her practice experience preceding the filing of the application. The board shall may review requests for reciprocity.
SECTION 4. Phar 2.06 (2) and (3) are repealed.
SECTION 5. Phar 4.02 (3) and (4) are repealed.
SECTION 6. Phar 12.03 (2) (d) and (e) are amended to read:
Phar 12.03 (2) (d) Register with the food and drug administration and comply with all applicable requirements of 21 CFR 200, 201, 202, 207, 210 and 211 (1985).
(e) If applicable, register with the drug enforcement administration and comply with all appropriate requirements of 21 CFR 1301, 1302, 1303, 1304, 1305, 1307, 1311 and 1312 (1985)
.
SECTION 7. Phar 13.05 (2) is amended to read:
Phar 13.05 (2) Pass an inspection of the facility conducted by the board or its representative to determine if the location meets standards specified in Phar 13.08 to 13.11, 21 USC 351 and 352 (1990) and 21 CFR 211.142 (b) (1991).
SECTION 8. Phar 16.02 (1) is amended to read:
Phar 16.02 (1) Each pharmacist required to complete the continuing education requirement provided under s. 450.085, Stats., shall, 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 board may require that not more than 15 continuing education hours in each 2-year period immediately preceding the date of the application for renewal be acquired within specified topic areas, such requirement to first apply to applications that are submitted to the department to renew a license to practice pharmacy that expires on June 1, 2004. 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.
Fiscal Estimate
