(b) The pharmacist receiving the transferred prescription order information shall record in writing the following:
1. The word “TRANSFER" on the face of the transferred prescription order.
2. The name and address of the patient, the name and address of the prescribing practitioner, and the name and quantity and dosage form of the drug product or device prescribed and the directions for use.
3. The date of issuance of the original prescription order.
4. The original number of refills authorized on the original prescription order.
5. The date of original dispensing if the prescription order has previously been dispensed.
6. The number of valid refills remaining and the date of the last refill.
7. The pharmacy's name, address, and the prescription order number from which the prescription order information was transferred.
8. The name of the pharmacist making the transfer.
9. The name, address and telephone number of the pharmacy from which the original prescription order was transferred if different than subd. 7.
(3) CONTROLLED SUBSTANCES. The transfer of prescription order information for controlled substances for the purposes of refill dispensing is permissible pursuant to the following requirements:
(a) The transfer of prescription order information is permissible only on a one time basis unless a computer system meeting the requirements of sub. (4) is used.
(b) If a computer system meeting the requirements of sub. (4) is used a transfer of prescription order information for the purposes of refill dispensing is limited to the number of authorized refills.
(c) Unless a computer system meeting the requirements of sub. (4) is used the pharmacist making the transfer shall record in writing the following information:
1. The word “VOID" is written on the face of the invalidated prescription order.
2. The name, address and DEA registration number of the pharmacy to which it was transferred, the name of the pharmacist receiving the prescription order and the date and the name of the pharmacist transferring the information are recorded on the reverse side of the invalidated prescription order.
(d) Unless a computer system meeting the requirements of sub. (4) is used the pharmacist receiving the transferred prescription order information shall record in writing the following information:
1. The word “TRANSFER" on the face of the transferred prescription order.
2. The name and address of the patient, the name, address and DEA number of the prescribing practitioner, and the name and quantity and dosage form of the drug product or device prescribed and the directions for use.
3. The date of issuance of the original prescription order.
4. The original number of refills authorized on the original prescription order.
5. The date of original dispensing.
6. The number of valid refills remaining and the dates and locations of previous refills, if applicable.
7. The name, address, telephone number, DEA registration number and prescription order number of the pharmacy from which the prescription order information was transferred if different from the pharmacy from which the prescription order was originally dispensed.
8. The name of the pharmacist making the transfer.
9. The name, address, telephone number, DEA registration number and prescription order number of the pharmacy from which the prescription order was originally dispensed.
(4) USE OF COMPUTER SYSTEM. A computer system used for transferring prescription order information shall, in addition to meeting the requirements of s.
Phar 7.05 (1) (a) and
(b), contain a common central processing unit electronically sharing a real-time, on-line database to which both the transferring and receiving pharmacy have access.
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to s.
227.11 (2) (a), Stats., and interpreting s.
118.51 (3) (a) 1., Stats., the Department of Public Instruction will hold a public hearing as follows to consider the amending of s.
PI 36.03 (1) (d), relating to parental signatures on the open enrollment application.
The hearing will be held as follows:
Date and Time Location
August 29, 2005 Madison
5:00 – 6:00 p.m. GEF 3 Building
125 South Webster St.
Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Mary Jo Cleaver, open enrollment consultant, at (608) 267-9101 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above mailing or email address no later than August 31, 2005, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
Explanation of agency authority:
The Department is responsible for administering the Public School Open Enrollment Program under s.
118.51, Stats. Section
118.51 (3) (a) 1., Stats., requires parents who wish to participate in the program to submit an application “on a form provided by the department . . ." Further, s.
118.51 (15), Stats., requires the department to prepare and make available to parents the application form required under sub. (3) (a) 1.
Chapter
PI 36 contains the administrative rules for the program, including requirements pertaining to submitting an application for open enrollment.
Because the department is responsible for administering the open enrollment program and the forms required under s.
118.51, Stats., s.
PI 36.03 (1) (d) is being amended pursuant to rule-making authority granted under s.
227.11 (2) (a) and
(b), Stats.
Related statute or rule: None.
Plain language analysis: Section
PI 36.03 (1) (d) requires a parent to sign the open enrollment application form. If parents are divorced or legally separated, both parents are required to sign the form.
This proposed rule would repeal the requirement that both custodial parents must sign the form.
Summary of, and comparison with, existing or proposed federal regulations: There are no similar existing or proposed federal regulations concerning inter-district open enrollment programs.
Comparison with rules in adjacent states:
Illinois has no open enrollment program. Michigan has a limited open enrollment program but there is no application available for review. Iowa and Minnesota have statewide open enrollment programs but do not require more than one signature on the application form.
Summary of factual data and analytical methodologies:
Current administrative rules require a parent to sign the open enrollment application. If parents are divorced or legally separated, both parents are required to sign the form. The Department proposes to repeal the requirement for both custodial parents to sign the form.
This provision was intended to require parents to keep each other informed and to keep school districts out of the middle of the situation. However, it has created a hardship in cases where one custodial parent cannot be located.
In other cases, the rule has had the opposite of the desired effect. The open enrollment period is only three weeks long and custody issues can be very complicated. Three weeks can be too short a time to have the issue resolved, especially when mediation and/or family court are involved. Requiring both signatures before the issue has been resolved reduces the child's educational options. And occasionally, school districts are drawn into the disagreement, rather than be insulated from it.
The open enrollment form is an application only. Allowing one of the custodial parents to sign the form, even without informing the other, is not determinative of where the child must go to school. That question must be resolved in the way all joint custodial decisions are made. But it keeps the open enrollment option open until such time as the parents can make a joint decision.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: None.
Anticipated costs incurred by private sector: None.
Effect on small business: The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Fiscal Estimate
These proposed rules have no state or local fiscal effect. The proposed rules have no fiscal effect on small businesses.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s.
227.114 (1) (a), Stats.
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to ss.
119.23 (2) (b) and
(11) and
227.11 (2) (a), Stats., and interpreting s.
119.23 (2) (b), Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency rules amending of Chapter
PI 35, relating to the prorate method to be used under the Milwaukee Parental Choice Program. The emergency rules became effective August 1, 2005. The hearing will be held as follows:
Date and Time Location
August 31 , 2005 Milwaukee
4:00 – 6:00 p.m. Milwaukee Area Technical College
700 W. State St.
Room S-120
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please contact Lisa Geraghty, Consultant, Milwaukee Parental Choice Program,
elisabeth.geraghty@dpi.state.wi.us, (608) 266-0523, or leave a message with the Teletypewriter (TTY), (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above mailing or email address no later than September 2, 2005, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
