Benefits and costs
The Legislature would not commit an unfair labor practice if it unilaterally increased state employe pension benefits and costs. Such increases would not apply to employes in collective bargaining units, however, unless the Legislature so provided expressly or by necessary implication. The Group Insurance Board, however, being a part of the executive branch of government, would commit an unfair labor practice if it unilaterally increased benefits and costs to state employes in collective bargaining units. The removal of state employes from the state retirement system, the cessation of all contributions thereto, and the removal of a bargaining unit from the provisions of ch. 40 are subjects of collective bargaining under the State Employment Labor Relations Act. 64-18
Milwaukee
The City of Milwaukee cannot terminate a CETA employe's membership in the Retirement System on grounds not in effect by the time membership was attained, except as otherwise expressly provided by the Legislature. (Unpub.). 41-1978
Teacher's Retirement Fund
Discussion of authority of Employe Trust Funds Board to change the form of payment to members of retirement benefits resulting from additional deposits in the Wisconsin Retirement Fund, State Teachers Retirement System and Milwaukee Teachers Retirement Fund. (Unpub.). 80-1977
PER DIEMS
See PUBLIC OFFICIALS
PERMITS
See LICENSES AND PERMITS
PERSONNEL BOARD
Clerical occupational group
The Personnel Board may not approve the assignment of a classification in the clerical occupational group to a lower pay range than the pay range to which a classification in a different occupational group is assigned if the classifications include positions involving "work of equivalent skills and responsibilities." The phrase "the principle of equal pay for work of equivalent skills and responsibilities" contained in sec. 230.09(2)(b), Stats., requires equal pay only for substantially similar or equal work. The Board may not give retroactive effect to the establishment of classifications and grade levels or the assignment of classifications to the appropriate pay rates or ranges. 68-190
PERSONNEL COMMISSION
Discrimination
A state agency may insist on the presence of legal counsel when making agency personnel available for informal interviews conducted by Personnel Commission equal rights officers in the course of investigating complaints of employment discrimination against such state agency, where the equal rights officer wishes to (1) conduct on the job interviews of nonmanagerial personnel, or (2) interview agency supervisors who are not named or "immediately" involved in the discriminatory actions in question. 70-167
The Personnel Commission possesses the same powers and duties in processing discrimination complaints involving a state agency as employer as those exercised by the Department of Industry, Labor and Human Relations with respect to discrimination complaints involving an employer other than a state agency including the power to investigate complaints and to issue subpoenas. 68-403
Quorum
A single member of the Personnel Commission is empowered to act as the Commission where two of the three Commission positions are vacant. 68-323
PHARMACY
Controlled substances
Researcher must obtain Controlled Substances Board registration to obtain controlled substances under Wisconsin law even though such substances are exempt under federal law. (Unpub.). 66-1976
Counties
County supervisor who is pharmacist is probably not in violation of sec. 946.13, Stats., when he furnishes prescription services to medicaid patients where State is solely liable for payment. 64-108
Licenses and permits
The Pharmacy Examining Board may utilize the services of a National Examining Board in passing on applicants for licensure, but the Board must make the final decision as to licensure. The conditions of post-examination review with applicants discussed. 68-48
Medicaid patients
County supervisor who is pharmacist is probably not in violation of sec. 946.13, Stats., when he furnishes prescription services to medicaid patients where State is solely liable for payment. 64-108
Out-of-state
Out-of-state pharmacist not registered in Wisconsin is in violation of secs. 450.04(2) and 450.07(3), Stats., where he or she on a regular and continuing basis solicits orders for the retail sale of prescription drugs, where preparation is out-of-state and delivery is by mail to patients located in Wisconsin. 72-121
Prescribed drugs
The provisions of ch. 168, Laws of 1975, allow only limited substitution of prescribed drugs through a formulary. 65-137
Pricing arrangements
The State and local units of government are not "purchasers" under sec. 100.31, Stats., and sellers of drugs are not prohibited from offering or according to them pricing arrangements which are not made available to other purchasers. 65-59
Vitamins
Vitamins not intended for use in the diagnosis, cure, investigation, treatment or prevention of diseases are not drugs within the meaning of sec. 450.06, Stats., and may be sold in stores other than pharmacies. 66-137
PHARMACY, STATE BOARD OF
Licenses and permits
A letter of reprimand properly may be imposed only after affording opportunity for hearing as provided for in a Class 2 contested case. Sec. 227.01(2)(b), Stats. If no objection was made by licensees appearing before the Board on previous reprimand hearings and if there was substantial compliance with sec. 227.07, Stats., irregularities in procedure may be considered waived. 67-188
Registration renewal of pharmacist
Section 450.02, Stats., providing for the lapse of the right of a pharmacist to practice for failure to renew his or her registration within sixty days of the Pharmacy Board's second notice of expiration, requires actual notice by the Board. 75-68
PHYSICAL THERAPISTS
Practicing without referral
Discussion of circumstances under which a physical therapist may practice without a referral pursuant to section 448.04(1)(e), Stats. 75-217
PHYSICIANS AND SURGEONS
See also MEDICAL TREATMENT; PUBLIC HEALTH
Chiropractic practice
The Medical Practices Act, ch. 448, Stats., permits a physician, subject to certain limitations, to advise a patient whether or not continued chiropractic care is necessary, and the giving of such advice while it may technically fall within the definition of chiropractic practice, does not constitute the unauthorized practice of chiropractic. 68-316
Confidential communications
A medical or mental health professional may report suspected child abuse under the permissive provisions of section 48.981(3), Stats., when the abuser, rather than the victim, is seen in the course of professional duties. Section 51.30 does not act as a bar to such reports made in good faith. 76-39
Physician-patient privileges expressed in sec. 905.04, Stats., is a testimonial privilege only, and has no existence outside of judicial proceedings. Under sec. 448.18(1)(d), Stats., a physician is ethically precluded from disclosing confidential communications unless otherwise provided in law or disclosure is required to prevent danger to the patient or the community. 64-82
Corporations
Restrictions on business corporations providing medical, legal and dental services discussed. 75-200
Crime victim compensation
Under ch. 949, Stats., DILHR is not authorized to direct payment of expenses incurred by victims of crime for dental, chiropractic, podiatric, or optometric services. (Unpub.). 84-1977
Dismissal stipulation
If a submission of controversy under ch. 655, Stats., is dismissed on the merits by voluntary agreement, the claimant is barred from commencing a second action on the same claim, but claimant may be relieved from the dismissal stipulation and the matter may be effectively "reopened" if there is a basis for according relief and the Patients Compensation Panel exercises its discretion to grant such relief. 71-1
