Register

Department of Regulation and Licensing

Office of Administrative Rules

1400 E. Washington Avenue

P.O. Box 8935

Madison, WI 53708

Pharmacy Examining Board

Rule Submittal Date

On November 17, 2000, the Pharmacy Examining Board submitted a proposed rule to the Legislative Council Rules Clearinghouse.

Analysis

The proposed rule-making order relates to transfer of prescription orders.

Agency Procedure for Promulgation

A public hearing is required and will be held on January 9, 2001 at 9:15 a.m. in Room 179A.

Contact Information

If you have questions, please contact:

Pamela Haack

Telephone: [phone]

Email:[e-mail]

Mailing address:

Department of Regulation and Licensing

Office of Administrative Rules

1400 E. Washington Avenue

P.O. Box 8935

Madison, WI 53708

Notices_D15

N o t i c e s

Notice of Hearing

Financial Institutions—Banking

[CR 00-166]

Pursuant to s. 227.17, Stats., notice is hereby given that the Department of Financial Institutions, Division of Banking will hold a public hearing at the time and place indicated below to consider repealing certain requirements that the name and location of a bank be on bank checks.

Date, Time and Place of Hearing

Date & Time	Location
January 8, 2001 Monday 9:00 a.m.	Tommy G. Thompson Conference Room 5th Floor Department of Financial Institutions 345 West Washington Avenue Madison, WI 53703

This facility is accessible to individuals with disabilities through levels A, B or the first floor lobby. If you require reasonable accommodation to access any meeting, please call Lisa Bauer at [phone] or TDY [phone] for the hearing impaired at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided by the Americans with Disabilities Act.

Text of the Proposed Rule

SECTION 1. Section DFI-Bkg 8.04 is repealed.

Reference to Statutory Authority and Analysis Prepared by Department of Financial Institutions, Division of Banking

Analysis: To repeal s. DFI-Bkg 8.04. Statutory authority: Sections 220.02 (2) and 227.11 (2), Stats. Summary: Section DFI-Bkg 8.04 requires that the name and location of a bank home office shall be stated on all bank checks, and that the name of a bank branch may be stated on bank checks. State law on negotiable instruments, Uniform Commercial Code s. 403.104, Stats., does not require this information. Federal law on presentment and issuance of checks, 12 CFR 229.36, does not require this information. However, practically a check, both as a negotiable instrument and in the course of presentment, will contain bank identification information. Section DFI-Bkg 8.04 is, therefore, both unnecessary and redundant. Agency person to be contacted for substantive questions and responsible for agency's internal processing: Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, tel. [phone].

Fiscal Estimate

There is no state fiscal effect, and there are no local government costs. No funding sources or ch. 20 appropriations are affected. There are no long-range fiscal implications.

Initial Regulatory Flexibility Analysis:

The proposed rule will not have an effect on small businesses.

Notice of Hearing

Office of the Commissioner of Insurance

[CR 00-169]

Notice is hereby given that pursuant to the authority granted under s. 601.41 (3), Stats., and the procedure set forth in under s. 227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order creating ch. Ins 18, Wis. Adm. Code, relating to grievance requirements and independent review organizations.

Date, Time and Place of Hearing

Date & Time	Location
January 10, 2001 Wednesday 9:30 a.m. or as soon thereafter as the matter may be reached	Room 6 Office of the Commissioner of Insurance 121 East Wilson Street Madison, WI 53703

Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI within 30 days following the date of the hearing. Written comments should be addressed to: Julie E. Walsh, OCI, PO Box 7873, Madison WI 53707

Summary of Fiscal Estimate

There will be no state or local government fiscal effect.

Initial Regulatory Flexibility Analysis

This rule does not impose any additional requirements on small businesses.

Contact Person

A copy of the full text of the proposed rule changes and fiscal estimate may be obtained from the OCI internet WEB site at http://www.state.wi.us/agencies/oci/ocirules.htm or by contacting Patrick Bass, Administrative Services Section, Office of the Commissioner of Insurance, at [phone] or at 121 East Wilson Street, PO Box 7873, Madison WI 53707-7873.

Notice of Hearing

Board of Nursing

[CR 00-167]

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 441.11 (3) and (4), Stats., and interpreting s. 441.11 (3) and (4), Stats., the Board of Nursing will hold a public hearing at the time and place indicated below to consider an order to amend ss. N 6.02 (2) (intro.), (3) (intro.) and (4), 6.03 (2) (c) and (d), and 6.04 (1) (intro.), (d)., 3., (2) (a) and (b), relating to defining the practice of nursing to include acting under the direction of optometrists.

Date, Time and Place of Hearing

Date & Time	Location
January 4, 2001 Thursday 8:30 a.m.	1400 East Washington Avenue Room 179A Madison, WI

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 January 18, 2001 to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing.

Analysis

Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), and s. 441.11 (3) and (4), Stats.

Statute interpreted: s. 441.11 (3) and (4)

1997 Wis. Act 62 amended the practice of nursing to include acting under the direction of optometrists. The practice of practical nursing means the performance for compensation of any simple acts in the care of convalescent, subacutely or chronically ill, injured or infirm persons, or of any act or procedure in the care of the more acutely ill, injured or infirm under the specific direction of a nurse, physician, podiatrist or optometrist. A simple act does not require any substantial nursing skill, knowledge or training, or the application of nursing principles based on biological, physical or social sciences, or the understanding of cause and effect in such acts and is one which is of a nature of those approved by the board for the curriculum of schools for licensed practical nursing.

The practice of professional nursing means the performance for compensation of any act in the observation or care of the ill, injured or infirm, or for the maintenance of health or prevention of illness of others, which requires substantial nursing skill, knowledge or training, or application of nursing principles based on biological, physical, and social sciences, such as the observation and recording of symptoms and reactions, the execution of procedures and techniques in the treatment of the sick under the general or special supervision or direction of a physician, podiatrist, dentist, or optometrist, or under an order of a person who is licensed to practice medicine, podiatry or dentistry in another state if that person prepared the order after examining the patient in that other state and directs that the order be carried out in this state, and the execution of general nursing procedures and techniques.

Text of Rule

SECTION 1. N 6.02 (2) (intro.), (3) (intro.) and (4) are amended to read:

N 6.02 (2) (intro.) “Basic patient situation" as determined by an R.N., physician, podiatrist or, dentist or optometrist means the following 3 conditions prevail at the same time in a given situation:

(3) (intro.) “Complex patient situation" as determined by an R.N., physician, podiatrist or, dentist or optometrist means any one or more of the following conditions exist in a given situation:

(4) “Delegated medical act" means acts delegated to an R.N. or L.P.N. by a physician, dentist or podiatrist , dentist or optometrist.

SECTION 2. N 6.03 (2) (c) and (d) are amended to read:

N 6.03 (2) (c) Consult with a physician, dentist or podiatrist, dentist or optometrist in cases where the R.N. knows or should know a delegated medical act may harm a patient; and,

(d) Perform delegated medical acts under the general supervision or direction of a physician, dentist or podiatrist , dentist or optometrist.

SECTION 3. N 6.04 (1) (intro.), (d), 3. (intro.), (2) (a) and (b) are amended to read:

N 6.04 (1) PERFORMANCE OF ACTS IN BASIC PATIENT SITUATIONS. (intro.) In the performance of acts in basic patient situations, the L.P.N. shall, under the general supervision of an R.N. or the direction of a physician, podiatrist or, dentist or optometrist:

(d) Consult with an R.N. or, physician, podiatrist, dentist or optometrist in cases where an L.P.N. knows or should know a delegated nursing or medical act may harm a patient; and,

3. (intro.) Reinforce the teaching provided by an R.N., physician, podiatrist or, dentist or optometrist and provide basic health care instruction; or,

(2) (a) Meet standards under sub (1) under the general supervision of an R.N., physician, podiatrist or ,dentist or optometrist.

(b) Perform delegated nursing or medical acts beyond basic nursing care under the direct supervision of an R.N., physician, podiatrist or, dentist or optometrist. An L.P.N. shall, upon request of the board, provide documentation of his or her nursing education, training or experience which prepare the L.P.N. to competently perform these assignments.

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 [phone].

Notice of Hearing