Staff time required
100 hours.
Pharmacy Examining Board
Subject
To allow practitioners and pharmacists to better meet legitimate patient need, not inconsistent with federal controlled substances prescription rules.
Objective of the proposed rule. Current requirements of s.
Phar 8.05 (5) for the dispensing of prescription orders provides that no pharmacy, individual practitioner or other DEA registered dispenser may dispense at any one time, and no individual practitioner may prescribe for dispensing at any one time, a controlled substance in any quantity exceeding a 34-day supply, except that up to a 90 day supply of any schedule III or IV anticonvulsant substance as determined by the directed dosage and frequency of dosage, may be prescribed and dispensed at one time. The proposed rule modification would make this section consistent with federal dispensing law.
Policy analysis
Removing the 34-day restriction currently contained in s.
Phar 8.05 (5), will better meet legitimate patient need in instances where a proper course of treatment as determined by a practitioner necessitates ongoing drug therapy such that dispensing a greater supply of any controlled substance will promote efficiency and continuity of treatment as well as patient convenience. The modification of this rule will therefore allow pharmacists and practitioners to more fully exercise their professional judgment in prescribing and dispensing of controlled substances.
Statutory authority
Staff time required
100 hours.
Pharmacy Examining Board
Subject
To allow the board to grant a variance from the requirement of a pharmacy to have a centrally monitored alarm system in the pharmacy or the immediate physical structure within which the pharmacy is located.
Objective of the proposed rule. To provide greater flexibility to pharmacies in meeting the security requirements of s.
Phar 6.08 consistent with the public health, safety and welfare.
Policy analysis
Currently, s.
Phar 6.08 requires a pharmacy to have a centrally monitored alarm system in the pharmacy or the immediate physical structure within which the pharmacy is located. Depending upon the physical structure or location of the pharmacy, other means may be available to provide for security of the pharmacy consistent with the public health, safety and welfare. Providing pharmacies a means to seek a variance from the requirements of s.
Phar 6.08 will allow legitimate alternate methods of achieving security to be scrutinized and approved by the board.
Statutory authority
Staff time required
100 hours.
Public Instruction
Subject
Policy analysis
The department proposes to make the following technical rule modifications:
• Chapter
PI 10, relating to supplemental aid for school districts with a large area, has been modified to change school district eligibility criteria under the grant program. The chapter is amended to be consistent with the statutory changes made to s.
115.435, Stats., pursuant to
2001 Wis. Act 16.
• Chapter
PI 12, relating to the Wisconsin School for the Deaf and the Wisconsin School for the Visually Handicapped, has been modified to replace the “Wisconsin School for the Visually Handicapped" with the “Wisconsin Center for the Blind and Visually Impaired." The school name has been replaced to be consistent with the statutory name changes made under Subch.
III of Ch. 115 pursuant to
1999 Wis. Act 9.
• Chapter
PI 37, relating to national teacher certification grants, has been modified to eliminate the requirement that a person be a resident of this state in order to receive a grant.
These rule modifications bring an existing rule into conformity with a statute that has been changed or enacted and are considered technical. Therefore, pursuant to s.
227.16 (2) (b), Stats., the department will not hold public hearings regarding these rules.
Statutory authority
Staff time required
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed in creating the rule language, itself, will be minimal. However, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than 6 months to complete.
Public Instruction
Subject
School start date.
Policy analysis
2001 Wis. Act 16 requires school boards to start a school term after September 1 unless it submits a request to the Department of Public Instruction stating the reasons they would like the school term to start earlier. The department may grant a request only if it determines there are extraordinary reasons for granting it. The department is required to promulgate rules to implement and administer this provision:
Statutory authority
Staff time required
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed in creating the rule language, itself, will be minimal. However, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than 6 months to complete.
Public Instruction
Subject
Policy analysis
Elimination of obsolete rules:
The department proposes to repeal the following rule chapters because of the elimination or modification of statutory language relating to these chapters:
• Chapter PI 23, relating to the youth initiatives program. This chapter will be repealed since the youth initiatives program under s. 115.28 (21), Stats., was eliminated June 30, 1996, pursuant to
1995 Wis. Act 27.
• Chapter PI 33, relating to academic excellence higher education scholarships. This chapter will be repealed since the program is no longer required by statute to be jointly implemented by both the Higher Educational Aids Board (HEAB) and the department. Current statutes, pursuant to
1993 Wis. Act 457, require the program to be implemented by HEAB only.
• Chapter PI 39, relating to collaborative projects. This chapter will be repealed since the grants for collaborative projects under s. 115.28 (35), Stats., was eliminated June 30, 1996, pursuant to
1995 Wis. Act 27.
• Chapter PI 43, relating to reporting of pupils attending technical college districts. This chapter will be repealed since the reporting requirement under s. 115.28 (38), Stats., was eliminated pursuant to
1995 Wis. Act 27.
The elimination of these chapters is technical because the statutes no longer exist for the rule to interpret or implement. Therefore, pursuant to s. 227.16 (2) (b), Stats., the department will not hold public hearings regarding these rules. The department no longer collects information, requires data, or distributes funds that are affected by these rule chapters. Therefore, an initial applicability clause is not necessary.
Statutory authority
Staff time required
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed in drafting the language to repeal the rule chapters will be minimal. However, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than 6 months to complete.
Regulation and Licensing
Subject
Training requirements certificates for individuals to carry a firearm while on duty as a private security person and relating to the approval of firearms proficiency certifiers.
Objective of the Rule. To clarify issues relating to applicants for a firearms permit who have received equivalent firearms training, and relating to the approval of firearms proficiency certifiers who have received equivalent firearms instructor training.
Policy analysis
The current rules recognize 30 hours of equivalent training that a person may have received in another state, provided that the training was obtained 5 years prior to applying for a firearms permit and that the person was authorized by another licensing jurisdiction or governmental agency to carry a firearm while on duty as a peace officer, a person who standards watch for security purposes or as a private detective.
Section
RL 34.04 (2) (a) 3. permits the department to approve a person as a firearms proficiency certifier who has, on or after January 1, 1995, been approved as a firearm instructor by the Wisconsin Law Enforcement Standards Board or by the National Rifle Association, provided the person takes a 6-hour refresher course offered by one of Wisconsin's vocational technical colleges that has been approved by the Wisconsin Law Enforcement Standards Board.
The new policy would accept, as equivalent firearms training, that training that was obtained by a current or former peace officer within 5 years preceding application for a firearms permit. The new policy would permit the vocational technical colleges that have been approved by the Wisconsin Law Enforcement Standards Board, as well as other qualified schools to offer the complete firearms instructor course and the 6-hour instructor refresher course.
Statutory authority
Staff time required
100 hours.
Revenue
Subject
Sections
Tax 11.11 and
12.40 - relating to application procedures for property tax exemptions for waste treatment facilities.
Objective of the proposed rule. To comply with the changes made to s.
70.11 (21), Stats., that eliminate the exemption application requirement for waste treatment property taxed under ch.
70.
Policy analysis
Section
Tax 12.40 (2) specifies the application and approval process for the industrial waste treatment property tax exemption. Sections
Tax 11.11 (2) and
(5) (c) specify that industrial waste treatment property qualifies for sales and use tax exemptions if it has been approved as exempt from the property tax.
Under
2001 Wis. Act 16, owners of industrial waste treatment facilities will no longer be required to apply to the Department of Revenue (DOR) for property tax exemptions; the application process would continue to be required for property taxed under ch.
76, Stats. This change requires that ss.
Tax 12.40 (2) and
11.11 (2) and
(5) (c) be amended to eliminate reference to the DOR approval process for industrial property taxed under ch.
70, Stats.
No new policies are being proposed other than to reflect changes made in
2001 Wisconsin Act 16. The standards and uses required for the property and the sales and use tax exemptions for industrial waste treatment property are unchanged.
Statutory authority
Staff time required
The department estimates it will take approximately 80 hours to develop this rule order.
