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
6. List with Description of all Entities that may be Affected by the Proposed Rule
A.) Pharmacists
B.) Licensees who are authorized to prescribe and dispense controlled substances: Physicians (including those holding temporary licenses and residents), advanced practice nurse prescribers, anesthesiologist assistants, physician assistants, dentists, podiatrists and pharmacies.
C.) Department of Safety and Professional Services PDMP staff
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
There is no existing or proposed federal regulation that is intended to address the activities regulated by the proposed rule as it relates to PDMP.
Federal law under
21 C.F.R. Parts 1300,
1304,
1306 and
1311 pertain to the transfer of electronic prescriptions. The Drug Enforcement Administration revised its rules, effective June 1, 2010, to provide practitioners with the option of writing prescriptions for controlled substances electronically. The proposed rule does address the activity of the transfer of electronic prescriptions as it moves the misplaced word “emergency".
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Minimal or no economic impact. It is not likely to have a significant economic impact on small businesses.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377.
Safety and Professional Services —
Psychology Examining Board
The statement of scope was approved by the governor on September 18, 2014.
Rule No.
Relating to
Licensure for the private practice of school psychology.
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 update the rule to reflect the changes due to Wisconsin 13 Act 114. In addition, the objective is to streamline, clarify and update the licensure and examination process for applicants.
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
Wisconsin 13 Act 114 allows an applicant to take any required examination prior to graduation. The rule needs to be updated to reflect this change in the statute.
The code contains outdated practices and procedures, as well as provisions which go beyond statutory authority. This proposed rule would review and update all licensure and examination requirements in the interest of streamlining the process while maintaining the health, safety and welfare of the public.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
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.
Section
455.08, Stats. The examining board shall adopt such rules as are necessary under this chapter
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
Private practice school psychologist applicants
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)
None to minimal. It is not likely to have a significant economic impact on small businesses.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377.
