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
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.
