CR 21-028 Rule Text

STATE OF WISCONSIN

PHARMACY EXAMINING BOARD

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IN THE MATTER OF RULE-MAKING   :   ORDER OF THE

PROCEEDINGS BEFORE THE     :   PHARMACY EXAMINING BOARD

PHARMACY EXAMINING BOARD   :   ADOPTING RULES

            :   (CLEARINGHOUSE RULE 21-028)

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ORDER

An order of the Pharmacy Examining Board to amend Phar 2.02 (1) and Phar 2.05 (intro), and to create Phar 2.06, relating to reciprocal credentials for service members, former service members, and their spouses.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

Section 440.09, Stats.

Statutory authority:

Sections 15.08 (5) (b) and 440.09 (5), Stats.

Explanation of agency authority:

Section 15.08 (5) (b), Stats., provides that an examining board “[s]hall 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.”

Section 440.09 (5), Stats., provides that “[t]he department or credentialing board, as appropriate, may promulgate rules necessary to implement this section.”

Related statute or rule:

Section 440.09, Stats., specifies the requirements for issuing reciprocal credentials to service members, former service members, and the spouses of service members and former service members.

Phar 2.02 specifies the application procedures for original licensure as a pharmacist.

Phar 2.05 specifies the application procedures for those licensed in another state.

Plain language analysis:

The proposed rule creates a provision to implement s. 440.09, Stats., as amended by 2019 Wisconsin Act 143. Section 440.09, Stats., specifies the requirements for issuing reciprocal credentials to service members, former service members, and the spouses of service members and former service members.

Summary of, and comparison with, existing or proposed federal regulation: None.

Comparison with rules in adjacent states:

Illinois: The Illinois Statutes provide for the expedited licensure of service members and their spouses (20 ILCS 5/5-715). “Service member” includes a person whose active duty service concluded within the 2 years preceding application for licensure. A license issued to a service member or the spouse of a service member may be renewed.

Iowa: Rules of the Professional Licensure Division of the Iowa Department of Public Health provide for the expedited reciprocal licensure of a veteran or a spouse of an active duty service member (645 IAC 645.20.3). A reciprocal license issued to a veteran or a spouse of an active duty service member may be renewed.

Michigan: The Michigan Statutes provide for temporary licensure of the spouse of an active duty service member (MCL 339.213). A temporary license is valid for 6 months and may be renewed for one additional 6-month term if it is determined the licensee continues to meet the requirements for temporary licensure and needs additional time to fulfill the requirements for initial licensure.

Minnesota: The Minnesota Statutes provide for temporary licensure of an individual who is an active duty military member, the spouse of an active duty military member, or a veteran who has left service in the 2 years preceding the date of license application (2019 Minnesota Statutes, Section 197.4552). A temporary license allows a qualified individual to perform regulated professional services for a limited length of time as determined by the applicable licensing board. During the temporary license period, the individual must complete the full application procedure as required by applicable law.

Summary of factual data and analytical methodologies:

The proposed rules were developed by reviewing the provisions of s. 440.09, Stats., as amended by 2019 Wisconsin Act 143, and obtaining input and feedback from the Pharmacy Examining Board.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The proposed rules were posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on small business:

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8306; telephone [phone]; email at [e-mail].

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TEXT OF RULE

Section 1. Phar 2.02 (1) is amended to read:

Phar 2.02 (1) Except as provided in s. Phar 2.06 (2), each applicant for original licensure as a pharmacist shall submit all of the following:

Section 2. Phar 2.05 (intro.) is amended to read:

Phar 2.05 Application procedure for persons licensed in another state. Except as provided in s. Phar 2.06 (2), each applicant licensed as a pharmacist in another state shall submit all of the following:

Section 3. Phar 2.06 is created to read:

Phar 2.06 Application procedure for service members, former service members, and their spouses. (1) In this section:

  (a) “Former service member” has the meaning given in s. 440.09 (1) (a), Stats.

  (b) “Service member” has the meaning given in s. 440.09 (1) (b), Stats.

  (c) “Spouse” has the meaning given in s. 440.09 (1) (c), Stats.

(2) Each applicant for reciprocal licensure as a pharmacist shall submit all of the following, notwithstanding the items submitted under ss. Phar 2.02 and 2.05:

  (a) A completed application form with the signature of the applicant.

  (b) A fee as determined by the department under s. 440.05 (2), Stats.

  (b) A statement that the applicant resides in this state.

(c) Documentation that the applicant is a service member, former service member, or the spouse of a service member or former service member. If an applicant is unable to provide the documentation, the applicant may submit an affidavit to the board stating that the applicant is a service member, former service member, or the spouse of a service member or former service member.