Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377.
Safety and Professional Services —
Nursing Home Administrator Examining Board
The statement of scope was approved by the governor on September 24, 2014.
Rule No.
Relating to
Entrance to examination.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to bring pertinent Wisconsin Administrative Code in line with recently passed legislation,
2013 Wisconsin Act 114.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2013 Wisconsin Act 114 required that the Department of Safety and Professional Services and its attached boards may no longer necessitate applicants complete their postsecondary education before being eligible to take an examination for a credential. In accordance with Act 114, applicants for licensure as a nursing home administrator may take their credentialing examination before completing their postsecondary education. This change will impact Wis. Admin. Code chs.
NHA 2,
3, and
4.
The proposed rule will also provide clarity to the process of renewing a license after 5 years by updating provisions regarding licensure renewal and reinstatement. The term reinstatement will be defined as a process by which a licensee whose license has been surrendered or revoked or has a license with unmet disciplinary requirements which has not been renewed within five years of the renewal date may apply to have their license reinstated with or without conditions.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats., provides examining boards, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which is pertains. . ." The proposed rule seeks to provide guidance to applicants regarding examination requirements for nursing home administrators.
Section
227.11 (2) (a), Stats., discusses the parameters of an agency's rule-making authority, stating an agency, “may promulgate rules interpreting provisions of any statute, enforced or administered by the agency, . . . but a rule is not valid if it exceeds the bounds of correct interpretation." This section allows an agency to promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rule does not exceed proper interpretation of the statute.
Section
456.02 (1), Stats., is administered by the Nursing Home Administrator Examining Board and provides that the board shall, “[d]evelop, impose and enforce standards which must be met by individuals in order to receive license as a nursing home administrator, . . ." The proposed rule will provide guidance within the profession with regards to examination requirements for nursing home administrators.
Section
456.11 (1), Stats., “[t]he examining board may reinstate a license or registration to any person whose license or registration has been revoked. This subsection does not apply to a license or registration that is revoked under s.
440.12.
(2) Application for reinstatement of a license or registration shall not be made prior to one year after revocation and shall be made in such a manner as the examining board directs. This subsection does not apply to a license or registration that is revoked under s.
440.12.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Staff will spend approximately 50 hours developing the proposed rule.
6. List with description of all entities that may be affected by the proposed rule:
Persons seeking licensure as a nursing home administrator will be affected by the proposed.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
This rule is likely to have minimal or no economic impact on small businesses.
Contact Person
Shawn Leatherwood at Shancethea.Leatherwood@ wisconsin.gov or by telephone at 608-261-4438.
Safety and Professional Services —
Pharmacy Examining Board
The statement of scope was approved by the governor on September 19, 2014.
Rule No.
Relating to
Recording name of person presenting ID and providing data to the prescription drug monitoring program.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
2013 Act 199 requires a person picking up certain controlled substances to present an identification card. The objective of the proposed rule is to implement
2013 Act 199 as it relates to maintaining the record of the name of the person presenting the identification card and the date by which that information must be transmitted to the prescription drug monitoring program (PDMP).
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2013 Act 199 creates a new policy requiring the pharmacist or other person dispensing or delivering certain controlled substances to record the name on the identification card presented by the person to whom the drug is being dispensed or delivered. The Act requires the record to maintained for a time established by the board by rule or until the name is delivered to the PDMP. This proposed rule would establish the time for which the record must be maintained.
The Act also requires the identification card name to be submitted to the PDMP for any controlled substances required to be reported to the PDMP. The proposed rule will add the name on the identification card to the required data to be submitted. The Act further provides that this date may not be before April 9, 2016.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
15.08 (5) (b), Stats. Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
450.02 (2), Stats.
The board shall adopt rules defining the active practice of pharmacy. The rules shall apply to all applicants for licensure under s.
450.05.
450.02 (3) (d), Stats.
The board may promulgate rules: Necessary for the administration and enforcement of this chapter and ch.
961.
450.11 (1b) (bm), Stats. A pharmacist or other person dispensing or delivering a drug shall legibly record the name on each identification card presented under par. (b) to the pharmacist or other person, and the name of each person to whom a drug is dispensed or delivered subject to par. (e) 2., and shall maintain that record for a time established by the board by rule or, for a record that is subject to s.450.19, until the name is delivered to the board under s.
450.19, whichever is sooner.
450.19 (2) (b), Stats. The board shall establish by rule a program for monitoring the dispensing of monitored prescription drugs. The program shall do all of the following: Identify specific data elements to be contained in a record documenting the dispensing of a monitored prescription drug, including the method of payment and, subject to sub. (2m), the name recorded under s.
450.11 (1b) (bm). In identifying specific data elements, the board shall consider data elements identified by similar programs in other states and shall ensure, to the extent possible, that records generated by the program are easily shared with other states.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
80 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
Pharmacists and pharmacies
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Significant. It may have an economic impact on small businesses.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377
Safety and Professional Services —
Pharmacy Examining Board
The statement of scope was approved by the governor on September 19, 2014.
Rule No.
Relating to
Definitions, controlled substances and the operation of the Prescription Drug Monitoring Program (PDMP)
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective of the rule is to make the definitions in Phar 1 apply to all Phar chapters including ch.
Phar 18 and then remove the redundant definitions in ch.
Phar 18; move the misplaced word “emergency" in s.
Phar 8.07 (2) to before the word “oral" and not “electronic"; to include in the definition of practitioner the holder of various Medical Examining Board temporary physician licenses (including the following: visiting professor license, camp physician license, locum tenens license, temporary educational permit, temporary physician license, and resident educational license); minor clean-up which includes to modify language to make gender neutral and incidents of the words “dispenser: and “dispenser delegate" which should be “pharmacist" or “pharmacist delegate; and the repeal of s.
Phar 18.03 (2) and
(3) which are no longer necessary because
2013 Act 124 included schedules IV and V listed in sub. (2) to the requirements in statute and tramadol is now federally scheduled so sub. (3) and thus covered by sub. (1).
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The Medical Examining Board liaison to the Prescription Drug Monitoring Program requested the inclusion of the various temporary licenses in order that these practitioners are allowed access to the PDMP without the requirement of becoming another practitioner's delegate. This change will streamline the usage of the PDMP. The alternative to the existing policy is there would be that holders of temporary physician licenses who are not allowed access to PDMP without becoming a delegate of another practitioner.
The other proposed changes do not change policy and are a clean-up to remove redundancy and create clarity.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
15.08 (5) (b), Stats. Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
450.02 (2), Stats. The Board shall adopt rules defining the active practice of pharmacy. The rules shall apply to all applicants for licensure under s.
450.05.
450.02 (3) (d), Stats. The board may promulgate rules necessary for the administration and enforcement of this chapter and ch.
961.
450.19 (2), Stats. The board shall establish by rule a program for monitoring the dispensing of monitored prescription drugs.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
50 hours
