Rule-Making Notices (Hearing Notices)

Section 3 amends s. Phar 8.07 (2) to indicate the notation of the partial quantity provided is written on the hard copy of the prescription or the electronic order. The word “emergency" is moved to solely modify oral prescription.

Sections 4, 5, and 7 amend s. Phar 8.09 (1), (2), and (4) to remove electronic from the emergency prescriptions and to reflect the provisions relate solely to oral authorizations in an emergency situation.

Section 6 amends s. Phar 8.09 (3) to remove the reference to electronic in this emergency prescription provision. It also removes the reference to the “practitioner's phone number as listed in the telephone directory" to reflect current technologies may be used rather than the outdated method of looking phone numbers up in a telephone directory.

Summary of, and comparison with, existing or proposed federal regulation

21 CFR §1311 allows electronic prescriptions for controlled substances.

Comparison with rules in adjacent states

Illinois: Per Ill. Admin. Code Title 68, s. 1330.760, electronically transmitted prescriptions for controlled substances may be dispensed only as provided by federal law.

Iowa: Per Iowa Admin. Code 657 to 8.19, electronic prescriptions may be accepted for controlled substances.

Michigan: Per Mich. Admin. Code s. 333.7333, electronic prescriptions of controlled substances are allowed, if not prohibited by federal law.

Minnesota: Per Minnesota Rules 6800.3000 Subp. 3, electronic prescriptions are allowed if they conform to the rules of the federal Drug Enforcement Administration.

Summary of factual data and analytical methodologies

The methodology used was to update the rule to reflect the changes to the statutes as a result of 2011 Wisconsin Act 159.

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

This rule was posted for economic comments for 14 days and none were received. This rule updates the code to reflect the statutory change to allow for electronic prescriptions and will not have an economic impact.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Initial Regulatory Flexibility Analysis or Summary

There is no effect on small business as defined under s. 227.114 (1), Stats.

Agency Contact Person

Sharon Henes, Administrative Rules Coordinator

Department of Safety and Professional Services, Division of Policy Development

1400 East Washington Avenue, Room 151

P.O. Box 8935

Madison, WI 53708

Telephone: [phone]

Email: [e-mail]

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Chapters Phar 7, 8
3. Subject
Allowing electronic prescriptions for controlled substances schedule II.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
2011 Wisconsin Act 159 amended § 961.38, Stats. to allow electronic prescriptions for schedule II controlled substances. This rule updates the Pharmacy Examining Board rules accordingly.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
This rule was posted for 14 days for economic comments and none were received.
11. Identify the local governmental units that participated in the development of this EIA.
None. This rule does not affect local governments.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
This rule will not have an economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole. This rule updates the code to reflect the statutory change to allow for electronic prescriptions.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The benefit of implementing the rule would allow a pharmacy/pharmacist to use modern technology in a manner that efficiently meets patient needs by allowing electronic prescriptions for schedule II controlled substances and allowing oral prescriptions to be reduced to an electronic record while maintaining public safety. This rule updates the code to reflect the revision in statute created by 2011 Act 159 to allow for electronic prescriptions to schedule II controlled substances.
14. Long Range Implications of Implementing the Rule
The long range implication is to increase public safety by cutting down on dispensing errors or patients misplacing their written prescription orders by allowing electronic prescriptions, rather than only written prescription orders.
15. Compare With Approaches Being Used by Federal Government
The federal government allows for electronic prescriptions for schedule II controlled substances.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Our four neighboring states allow for electronic prescriptions for scheduled II controlled substances, if not prohibited by federal law.
17. Contact Name				18. Contact Phone Number
Sharon Henes, Administrative Rules Coordinator				[phone]

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Safety and Professional Services —
Pharmacy Examining Board

rulemaking_notices CR 13-076 CR 13-076

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss. 15.08 (5) (b) and 450.02 (3), Stats., and interpreting ss. 450.01 (7) and 450.02 (3), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal s. Phar 7.04 (1) (e) 2. (Note) and amend s. Phar 7.04 (1) (e) 2., relating to return or exchange of health items.

Hearing Information

Date:   Wednesday, October 30, 2013
Time:   9:00 a.m.
Locations:   1400 East Washington Ave.
  Room 121
  Madison, WI

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 arguments in writing as well. Facts, opinions, and arguments may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to [e-mail]. Comments must be received at or before the public hearing to be held on October 30, 2013, to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, by email at [e-mail], or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e.

Analysis Prepared by the Department

Statutes interpreted

Sections 450.01 (7) and 450.02 (3), Stats.

Statutory authority

Sections 15.08 (5) (b) and 450.02 (3), Stats.

Explanation of agency authority

Section 15.08 (5) (b), Stats., allows each examining board to “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 450.02 (3), Stats., allows the Pharmacy Examining Board to promulgate rules relating to the manufacture of drugs and the distribution and dispensing of prescription drugs; establish security standards for pharmacies and the manufacture, distribution, and dispensing of hypodermic syringes, needles, and other objects used, intended for use or designed for use in injecting a drug.

Related statute or rule

Section 938.02, Stats

Plain language analysis

Section 1 updates the language in the rule to reflect the statutory changes in the language and citations resulting from 2005 Wisconsin Act 344. “Secured correctional facility" was changed to “juvenile correctional facility" and “secure detention facility" was changed to “juvenile detention facility." As a result of these changes, the statutory citations were amended to reflect their new position in the alphabet in s. 938.02, Stats. In addition, 2005 Wisconsin Act 344 repealed s. 938.02 (15p), Stats.

Section 2 repeals the note which followed s. Phar 7.04 (1) (e) 2. advising the public of the changes. The note is no longer necessary due to the updating of this rule.

Summary of, and comparison with, existing or proposed federal regulation

None.

Comparison with rules in adjacent states

Illinois: In Illinois's section relating to the return of drugs, it does not address correction facilities separately.

Iowa: In Iowa's section relating to the return or exchange of health items, it does not address correction facilities separately.

Michigan: In Michigan's section relating to return or exchange of health items, there is a definition for “state correctional facility" which means a facility or institution that houses a prisoner population under the jurisdiction of the department of corrections.

Minnesota: In Minnesota's section relating to return of drugs and devices, such a return is only allowed by hospitals, nursing homes, and assisted living facilities.

Summary of factual data and analytical methodologies

On June 26, 2012, the Governor's Office recommended that the Pharmacy Examining Board review and update this rule to reflect current statutes.

Currently there is a note indicating the changes. This rule moves the updates from the note into the rule itself to reflect the statutory language change.

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

This rule was posted for economic comments for 14 days and none were received. This rule corrects statutory references only and has no economic impact.

Fiscal estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Initial Regulatory Flexibility Analysis or Summary

There is no effect on small business as defined under s. 227.114 (1), Stats.

Agency Contact Person

Sharon Henes, Administrative Rules Coordinator

Department of Safety and Professional Services, Division of Policy Development

1400 East Washington Avenue, Room 151

P.O. Box 8935

Madison, WI 53708

Telephone: [phone]; e

Email: [e-mail]

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Section Phar 7.04 (1) (e) 2.
3. Subject
Statutory reference changes within return or exchange of health items.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
Currently there is a note for this section indicating various statutory references have been changed. This rule updates the section with current statutory references and eliminates the note.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
This rule was posted for 14 days for economic comments and none were received.
11. Identify the local governmental units that participated in the development of this EIA.
None. This rule does not affect local governments.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
This rule will not have an economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units, or the state's economy as a whole. This rule only corrects statutory references in the current rule.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The benefit is to clean-up the rule to match current statutory references.
14. Long Range Implications of Implementing the Rule
The long range implication is the rule will have clarity without having to refer to the note to understand the references.
15. Compare With Approaches Being Used by Federal Government
None.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
This rule purely updates the rule to reflect the current Wisconsin statute references. A comparison of the underlying rule which is not changing, Illinois and Iowa do not address correction facilities separately; Michigan's section relating to return or exchange of health items has a definition for “state correctional facility"; and Minnesota only allows the return of drugs and devices by hospitals, nursing homes and assisted living facilities.
17. Contact Name				18. Contact Phone Number
Sharon Henes, Administrative Rules Coordinator				[phone]

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Safety and Professional Services —
Real Estate Examining Board

rulemaking_notices CR 13-072 CR 13-072

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Real Estate Examining Board in ss. 15.405 (11), 227.11 (2), 452.07 (1m), and 452.07, Stats., and interpreting ss. 452.07 (1m), and 452.07, Stats., the Board will hold a public hearing at the time and place indicated below to consider an order to repeal ss. REEB 18.08, 18.11 (2), and 18.12 and Note; renumber and amend s. REEB 18.11 (1) as s. REEB 18.11 (intro.); amend ss. REEB 18.01 (title), 18.02 (5) (intro.) and (a) and (b) and (6) (intro.) and (a) to (g), 18.031 (1) (intro.), (a), and (b), 18.033 (title) and (2), 18.035 (2), 18.037 (intro.) and Note, 18.06, 18.09 (1) (intro.) and (a) to (f), and 18.13 (1) (intro.), (a) to (d), (2) to (4), and (6) (e); repeal and recreate ss. REEB 18.02 (1) and 18.10; and create ss. REEB 18.02 (intro.) (Note), (1e) and Note, and (4) and Note, 18.034 (1) (title) and 18.10, relating to real estate trust accounts.

Hearing Information

Date:   Thursday, October 31, 2013
Time:   10:00 a.m.
Locations:   1400 East Washington Ave.
  (Enter through 55 N. Dickinson St.)
  Room 121A
  Madison, WI

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 arguments in writing as well. Facts, opinions, and arguments may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Jean MacCubbin, Program Manager, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to [e-mail]. Comments must be received at or before the public hearing to be held on October 31, 2013, to be included in the record of rule-making proceedings.

Copies of Proposed Rule

Copies of this proposed rule are available upon request to Jean MacCubbin, Program Manager, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, by email at [e-mail] or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e.