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 s.
450.03 (1) (g), Stats., as created by
2001 Wis. Act 16, and s.
450.04 (3) (b), Stats., as amended by
2001 Wis. Act 16, and interpreting ss.
450.03 (1) (g) and
450.04 (3) (b), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order adopting emergency rules relating to a pharmacy internship program.
Hearing Date, Time and Location
Date: February 12, 2002
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 February 15, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
In this rule-making order the Pharmacy Examining Board creates rules relating to a pharmacy internship program to reflect statutory amendments to s.
450.04 (3) (b), Stats. effective December 31, 2001. Currently, no board rules exist to specify the requirements for the implementation and administration of a pharmacy internship program and establish necessary procedural and substantive guidelines for such a program.
SECTION 1 defines an “intern." This is necessary to maintain the distinction between the interns and technicians encompassed in Wis. Adm. Code ch.
Phar 7. Interns, with limitations, practice pharmacy. Technicians do not practice pharmacy. Five classes of interns are created. SECTION 1 also defines “direct supervision."
The first class of intern, s.
Phar 1.02 (4e) (a), defines an intern as a student who is practicing as part of a practical experience program sponsored by the student's school or college of pharmacy.
The second class of intern, s.
Phar 1.02 (4e) (b), defines a student who practices under the direct supervision of a pharmacist. This type of intern typically engages in the practice of pharmacy within the context of summer internships for no credit under a practical experience program.
The third class of intern, s.
Phar 1.02 (4e) (c), defines foreign graduates applying for original licensure who may not have completed a traditional pharmacy internship therefore needing a means to complete an internship in the practice of pharmacy in this state.
The fourth class of intern, s.
Phar 1.02 (4e) (d), defines recent graduates from an approved pharmacy school who have filed an application for licensure with the board and are awaiting board action. This class of intern may need either to obtain additional hours of internship credit to qualify for original licensure, or may be working under the direct supervision of a pharmacist while awaiting final board action on their application.
The fifth class of intern is a statutory creation, restating in the rule for clarity the provisions of s.
450.03 (1) (g), Stats. These persons have applied for a license under s.
450.05, Stats. (out-of-state licensees) and their practice of pharmacy is limited to performing duties under the direct supervision of a person licensed as a pharmacist by the board and during the period before which the board takes final action on the person's application. This class of intern is not included within the definition of “internship" because this intern does not need to satisfy an internship requirement for licensure under s.
450.05, Stats. However, a definition as an “intern" is still necessary to place such persons and their supervising pharmacists on notice of the requirements and distinctions between interns and technicians created by Wis. Adm. Code ch.
Phar 7.
An internship in the practice of pharmacy is defined to mean the completion of 1500 hours in aggregate in the practice of pharmacy in the delineated categories. Not all of the required 1500 hours need to be completed in any one category, yet a minimum of 1500 hours must be earned and certified. There are five types of categories of internship experience.
The first category is the practice of pharmacy in a practical experience program consisting of the practice of pharmacy sponsored by a professional Bachelor's of Science degree in pharmacy or Doctor of Pharmacy degree granting institution located in this or another state.
The second category is the practice of pharmacy by a qualified student under the direct supervision of a pharmacist. The hours earned in this category may not count as a part of a practical experience program if previously credited therein. Hours earned in this second category are therefore considered in addition to the hours earned in the practical experience program.
The third category allows foreign graduate applicants applying for original licensure to earn internship credits to qualify for original licensure. This internship is limited to a maximum of 2000 hours of credit earned at which time the internship is deemed ended. The applicant may not then further engage in the practice of pharmacy until such time a license is granted by the board.
The fourth category allows applicants for original licensure awaiting board action on their application to practice pharmacy under the direct supervision of a pharmacist during the pendancy of their application. This internship is limited to a maximum of 1500 hours of credit earned at which time the internship is deemed ended. The applicant may not then further engage in the practice of pharmacy until such time a license is granted by the board.
The fifth category is created by statute at s.
450.04 (3) (b), Stats. The statute allows the board to grant credit for practical experience acquired in another state which is comparable to include in an internship and which is approved and verified by the board or by the agency which is the equivalent of the board in the state in which the practical experience was acquired. In determining comparable practical experience the board shall consider the duties performed constituting the practice of pharmacy as described in s.
450.01 (16), Stats.
SECTION 3 creates the definition of a “supervising pharmacist" who supervises an intern in the practice of pharmacy.
SECTION 4 amends the requirement for original licensure removing the statutory reference to Wis. Stats. s. 450.045, which was repealed.
SECTIONS 5 and 6 amend the required proofs necessary to evidence the successful completion of an internship in the practice of pharmacy and the payment of fees under that section.
TEXT OF RULE
SECTION 1. Phar 1.02 (3c) and (4c) are created to read:
Phar 1.02 (3c) “Direct supervision" means immediate on premises availability to continually coordinate, direct and inspect at first hand the practice of another.
SECTION 2. Phar 1.02 (4e) is created to read:
Phar 1.02 (4e) “Internship in the practice of pharmacy" means completion of a minimum of 1500 hours in aggregate of any one or more of the following:
(a) A practical experience program consisting of the practice of pharmacy sponsored by a professional bachelor's of science degree in pharmacy or doctor of pharmacy degree granting institution located in this or another state.
(b) The practice of pharmacy by a person who has successfully completed his or her second year in and is enrolled at a professional bachelor's of science degree in pharmacy or doctor of pharmacy degree granting institution located in this or another state whose practice of pharmacy is limited to performing duties under the direct supervision of a supervising pharmacist, which is not acquired in a practical experience program described in par. (a). The supervising pharmacist shall keep a written record of the hours and location worked by an intern under his or her direct supervision.
(c) For a person who has first filed an application with the board for original licensure under s.
Phar 2.02 and has supplied to the board evidence of having obtained certification by the foreign pharmacy graduate examination committee, the practice of pharmacy which is limited to performing duties under the supervision of a supervising pharmacist. Prior to performing duties as an intern or to receiving credit for hours in an internship in the practice of pharmacy under this section, the supervising pharmacist shall be disclosed in the initial application and any change of a supervising pharmacist shall be disclosed to the board prior to further performing duties constituting the practice of pharmacy as an intern. Upon completing a maximum of 2000 hours of the practice of pharmacy under this paragraph the internship is terminated and a person shall not further engage in the practice of pharmacy until obtaining licensure from the board.
(d) For a person who has first filed an application with the board for original licensure under s.
Phar 2.02 and has supplied to the board evidence of having been graduated from a professional bachelor's of science degree in pharmacy or doctor of pharmacy degree granting institution located in this or another state, the practice of pharmacy which is limited to performing duties under the supervision of a supervising pharmacist. Prior to performing duties as an intern or to receiving credit for hours in an internship in the practice of pharmacy under this section, the supervising pharmacist shall be disclosed in the initial application and any change of a supervising pharmacist shall be disclosed in the initial application and any change of a supervising pharmacist shall be disclosed to the board prior to further performing duties constituting the practice of pharmacy as an intern. Upon completing a maximum of up to 2000 hours of the practice of pharmacy under this paragraph, the internship is terminated and a person shall not further engage in the practice of pharmacy until obtaining licensure from the board.
(e) Practical experience acquired in another state which is comparable to that described in par. (a). In determining comparable practical experience the board shall consider the duties performed constituting the practice of pharmacy as described in s.
450.01 (16), Stats.
SECTION 3. Phar 1.02 (14m) is created to read:
Phar 1.02 (14m) “Supervising pharmacist" means a pharmacist who has responsibility for supervising an intern in the practice of pharmacy.
SECTION 4. Phar 2.01 (2) is amended to read:
Phar 2.01 (2) Has completed an internship program approved by the pharmacy internship under s.
450.045, Stats in the practice of pharmacy.
SECTION 5. Phar 2.02 (1) (d) is renumbered Phar 2.02 (1) (e).
SECTION 6. Phar 2.02 (1) (d) is created to read:
Phar 2.02 (1) (d) Evidence of having completed an internship in the practice of pharmacy which shall consist of one or more of the following:
1. A statement from the dean of the school of pharmacy or the academic records office of the respective educational institution certifying the number of hours that the applicant has successfully completed in a practical experience program described in s.
Phar 1.02 (4e) (a).
2. A statement from a supervising pharmacist certifying the number of hours that the applicant was supervised by that supervising pharmacist in an internship in the practice of pharmacy described in s.
Phar 1.02 (4e) (b),
(c) and
(d).
3. Verification of practical experience acquired by the applicant in another state as described in s.
Phar 1.02 (4e) (e), which is approved and verified by the board or by the agency which is the equivalent of the board in the state in which the practical experience was acquired.
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
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1),
227.11 and
343.02, Stats., and interpreting ss.
343.23 (2),
344.01 to
344.27, and
346.70, Stats., the Department of Transportation will hold a public hearing to consider the amendment of ch.
Trans 100, Wis. Adm. Code, relating to safety responsibility and damage judgment suspension of operating privileges and vehicle registration.
Hearing Date, Time and Location
Date: January 28, 2002
Time: 9:00 a.m.
Location: Hill Farms State Transportation Building
4802 Sheboygan Avenue
Room 394
Madison, Wisconsin
Appearances at the Hearing:
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business February 1, 2002, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Pat McCallum, Section Chief, Traffic Accident Section, Room 804, P. O. Box 7919, Madison, WI 53707-7919. Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule.
This proposed rule making rewrites much of ch.
Trans 100 to incorporate changes in procedures mandated by
1997 Wis. Act 84, and to bring the chapter up to current drafting standards. In general, this rule making codifies many DMV practices and procedures that are used in the administration of the safety responsibility laws.
The definition of “accident" changed to carry over the exception for parked vehicles formerly contained in s.
Trans 100.02 (3) remains in the law.
Section
Trans 100.025 is created to clarify the circumstances under which the DMV will consider a vehicle to have been involved in an accident. These criteria have been applied by DMV for years in determining whether a vehicle or person was involved in an accident, and are codified in this rule making for clarity. Vehicles or persons are considered to have been involved in an accident if:
•They are injured or damaged in the accident, they contribute to causing the accident.
•They cause damage to another person or property.
• The vehicle is damaged because of a mechanical failure while being driven.
• Something falls from the vehicle and causes an accident.
• The vehicle moves to avoid debris or strikes debris and causes an accident.
• The vehicle moves without being driven, such as situations where parking brakes fail, and causes an accident.
• Where doors or a load extend from a parked vehicle into a traffic lane and an accident results.
Section
Trans 100.03 (2) is amended and 100.03 (2m) created to separate two concepts contained in current s.
Trans 100.03 (2). First, how does a person who is misidentified in a police report go about correcting the report so that they are not involved in a safety responsibility matter. Second, that the Department accepts filed police reports as accurate in the absence of any correspondence from the drivers involved in an accident.
Section
Trans 100.03 (3) is amended to better state the Department's practice with regard to records related to accidents that do not meet the reporting criteria of s.
346.70, Stats. The Department discards or returns reports that indicate in Box 1 of the report form that the accident is not reportable. It processes all forms that indicate in that box that the accident is reportable. If the accident is later determined not to be reportable, the Department does not include any reference to the accident or report in public abstracts of the driver's record from that point forward.
Section
Trans 100.04 (3) is amended to clarify that an apparently uninsured driver who would ordinarily be required to post security may avoid that requirement by proving that he or she was, in fact, insured, or proving that the accident is exempt from the safety responsibility law under s.
344.14 (2), Stats.
