The commissioner expects that the permanent rule will be filled with the secretary of state in time to take effect September 1, 1999. Because the fund fee provisions of this rule first apply on July 1, 1999, it is necessary to promulgate the fee portion of the rule on an emergency basis. A hearing on the permanent rule, pursuant to published notice thereof, was held on May 17, 1999.
Publication Date:
June 4, 1999
Effective Date:
July 1, 1999
Expiration Date:
November 28, 1999
EMERGENCY RULES NOW IN EFFECT (2)
Natural Resources
(Environmental Protection-Water Regulation,
Chs. NR 300-)
1. Rules adopted creating ch. NR 303, relating to department determinations of navigability for farm drainage ditches.
Exemption From Finding of Emergency
The Department was directed by the JCRAR under s. 227.26 (2) (b), Stats., to promulgate emergency rules regarding navigability
Analysis prepared by the Department of Natural Resources
Statutory authority: s. 227.26 (2)(b)
Statute interpreted: s. 30.10 (4)(c)
This order codifies present department program guidance for staff making navigability determinations for farm drainage ditches, identifying various methods and information to be relied on when making such determinations.
Publication Date:
May 1, 1999
Effective Date:
May 1, 1999
Expiration Date:
September 28, 1999
Hearing Dates:
June 16 and 17, 1999
2. Rules adopted creating ch. NR 328, relating to regulation of water ski platforms and water ski jumps.
Analysis by the Department of Natural Resources
Statutory authority: ss. 30.135, 227.11 (2) (a) and 227.24
Statutes interpreted: ss. 30.66, 30.69 and 30.135
Chapter NR 328 describes the conditions where a water ski jump or platform will require a permit. It explains what constitutes a substantive written objection to a water ski jump or platform and provides a list of reasons that support a substantive written objection. It specifies the contents of a public notice and the process for making a substantive written objection. It details how the department will respond to complaints about an existing water ski jump or platform.
These rules were promulgated as emergency rules at the direction of the joint committee for review of administrative rules.
Publication Date:
July 9, 1999
Effective Date:
July 9, 1999*
Expiration Date:
December 6, 1999
*Rule suspended by Joint Committee for Review of Administrative Rules on July 5, 1999.
Statements of Scope of Proposed Rules
Health and Family Services
(Community Services, Chs. HFS 30--)
Subject:
Ch. HFS 97 - Relating to complaint procedures for inmates of the Wisconsin Resource Center (WRC).
Description of policy issues:
Description of the objective(s) of the proposed rule:
To revise ch. HFS 97, relating to complaint procedures for inmates of the Wisconsin Resource Center, to the extent necessary to make it conform with recent changes to ch. DOC 310, relating to complaint procedures for inmates of adult correctional institutions.
Description of policies--relevant existing policies, proposed new policies and policy alternatives considered:
The Wisconsin Department of Corrections has a process by which inmates of adult correctional institutions may file complaints and have them expeditiously investigated and decided. The procedures are specified in ch. DOC 310. Periodically, inmates are transferred for treatment to the Wisconsin Resource Center (WRC), a mental health treatment facility administered by the Department of Health and Family Services (DHFS). Occasionally, an inmate transferred to the Center will have an outstanding grievance that was initiated when the inmate was at the inmate's correctional facility. In addition, an inmate receiving treatment at the WRC may initiate a grievance while at the Center. To ensure continuity of the handling of grievances between DHFS and DOC, the Department of Health and Family Services has maintained an inmate complaint resolution process that is virtually the same as that specified by the Department of Corrections in ch. DOC 310. The DHFS version of the process was created in December 1990, a few months after the adult corrections program was separated from the predecessor agency to DHFS to become the Department of Corrections.
Effective May 1, 1998, the Department of Corrections sought to improve how its inmate complaint review system works by significantly modifying ch. DOC 310. The changes included the following:
- Permitting institution complaint examiners to reject complaints that they determine are frivolous.
- Limiting the number of complaints an inmate may file to 2 complaints in a calendar week.
- Requiring the Department to make the written complaint procedures available to all inmates.
- Permitting the institution complaint examiner to accept late complaints for good cause.
- Generally prohibiting inmates from using language that is profane, obscene, abusive or threatens others when filing a complaint.
- Permitting the Secretary to extend the timelines for cause and upon notice to the inmate and all interested parties.
- Permitting the Department to reveal the identity of complainants and the nature of the complaints to the extent reasonable and appropriate for thorough investigation and implementation of the remedy.
- Removing language that permits the corrections complaint examiner (CCE) to order an evidentiary hearing.
- Requiring that all records of an inmate complaint be kept for at least 3 years after disposition of the complaint.
- Allowing the Secretary to suspend the rules in an emergency and defining an emergency.
- Eliminating redundant and confusing language and clarifying some language and using current terminology.
Given that the DOC has made a variety of changes to its grievance process in 1998, DHFS proposes to make comparable changes to ch. HFS 97 so that ch. HFS 97 is, once again, consistent with ch. DOC 310. Such revisions to ch. HFS 97 will ensure that the same process will be available to a correctional inmate, whether the inmate is at a DOC institution or at the WRC.
Statutory authority:
Sections 46.056 (1) and 227.11 (2), Stats.
Estimates of staff time and other resources needed to develop the rules:
Estimated 10 total hours of Division of Care and Treatment Facilities staff time to develop the rules in preparation for Department review.
Pharmacy Internship Board
Subject:
Ch. Ph-Int 1 - Relating to Pharmacy Internship Board rules.
Description of policy issues:
Analysis prepared by the State of Wisconsin Pharmacy Internship Board:
The profession of pharmacy, its roles, tasks, duties, and responsibilities have evolved greatly within the past five years. Similarly, the roles, tasks, duties, and responsibilities for interns enrolled in the state's pharmacy internship program have evolved as a prerequisite for pharmacist licensure in Wisconsin. Ending in 1999, the five-year baccalaureate degree has been replaced with the six-year Doctor of Pharmacy degree (Pharm.D.) as the entry-level degree into the pharmacy profession. With the inception of the Pharm.D., changes also have occurred in the didactic and experiential learning course work required by the American Council on Pharmaceutical Education, an accreditation agency, for schools and colleges of pharmacy nationwide. As a result, pharmacy students may now accrue all pharmacy internship hours while enrolled in the academic curriculum. This differs from the former baccalaureate degree where a minimum of 1000 of the 1500-hour pharmacy internship requirement had to be served extracurricularly. Furthermore, changes in experiential learning course work, and the need for pharmacist preceptor supervision, now takes place earlier in the curriculum than in the past. The Pharmacy Internship Board needs to amend its current rules and make rule changes in light of this.
Other factors necessitate changes in the Pharmacy Internship Board rules. International pharmacy graduates (graduates from non-accredited schools and colleges of pharmacy) can pursue pharmacist licensure in Wisconsin as allowed by the Wisconsin Pharmacy Examining Board. A prerequisite to do this includes serving a pharmacy internship of 1500 hours before the state board exams are taken. Amendments and additional Pharmacy Internship Board rules are needed to reflect this change. Pharmacy residency programs (as a form of postgraduate professional training) will continue to emerge. Since some pharmacy residents elect not to pursue pharmacist licensure during this training, the Pharmacy Internship Board is needed to provide oversight and ensure adequate supervision and consumer protection. Pharmacy Internship Board rule amendments and changes are needed to reflect this. Last, pharmacists licensed in other states who have applied and are waiting to complete the Wisconsin pharmacist licensure exams often desire pharmacy internship licenses to practice in the interim period before they are licensed. Pharmacy Internship Board rule amendments and rule changes are needed to ensure these pharmacists are eligible to practice as pharmacist interns before being allowed to practice under the supervision of a registered pharmacist.
Statutory authority:
Pursuant to authority vested in the state of Wisconsin Pharmacy Internship Board by s. 36.25 (20), Stats., the state of Wisconsin Pharmacy Internship Board hereby proposes to amend, repeal, and create rules interpreting ss. 36.25 (20) and 450.045, Stats.
Time estimate to prepare the rule amendments and new rules:
It is estimated that 30 to 40 hours of time will be required by Pharmacy Internship Board staff to amend and develop the new rules. This does not include the time spent by the Pharmacy Internship Board to construct and develop the rule amendments and new rules. The time spent by the Pharmacy Internship Board is estimated at 20 hours.
Regulation and Licensing
Subject:
Chs. RL 80 to 87 - Relating to changes and clarification of administrative rules relating to the practice of real estate appraisers.
Description of policy issues:
Objective of the rule:
Clarify and update administrative rules. Recommended changes relate to:
1) Clarity, grammar, punctuation, use of plain language.
2) Revisions contained in the 1999 edition of Uniform Standards of Professional Appraisal Practice to comply with federal law.
Policy analysis:
Existing policies are in chs. RL 80 to 87. The proposal would do the following:
1) Clarify definitions, application requirements, continuing education, experience, scope of practice, and rules of professional conduct.
2) Adopt revisions contained in the 1999 edition of the Uniform Standards of Professional Appraisal Practice.
Statutory authority for the proposed rule:
Sections 227.11 (2), 458.03, 458.05, 458.085 and 458.24, Stats.
Estimate of the amount of time employes will spend to develop the rule and of other resources necessary to develop the rule:
80 hours.
