(b) The following definitions apply throughout this section:
(1) “Absence of pharmacist" means those periods when the prescription department is closed and secured and the pharmacist is not present in the pharmacy.
(2) “Electronic monitoring system" means a system having the ability by light beam, heat, motion, or other electronically activated method to detect the presence of unauthorized persons or instrumentalities in a given area, and relay or report that detection as described in this section.
(3) “Prescription department" means that area of the pharmacy where the legend drugs, devices, and other merchandise or items which can only be dispensed or delivered by a pharmacist are located and which must be secured in the absence of the pharmacist.
(4) “Reasonable barrier" means an obstruction or barricade that blocks or impedes the entry into the area by an ordinary person, and includes, but is not limited to, a latched or locked gate of sufficient height and construction that an ordinary person cannot breach the barrier and/or violate the space the space being monitored without detection.
(5) “Secured" means either of the following:
(A) An area is completely enclosed as to its perimeter, from floor to ceiling, and locked.
(B) Through installation of reasonable barriers, an area not readily accessible which is monitored by a board approved electronic monitoring system covering all portions of the secured areas.
(c) Before a pharmacy may be open to the general public without a pharmacist on duty, the pharmacy must file an application with the board and have it approved by the board under IC 25-26-13-19. The pharmacy must abide by the closing hours designated in the application. Any change from the hours as stated in the application must be submitted in writing to the board.
(d) Under IC 25-26-13-19, a prescription department may be locked or secured while the remainder of the pharmacy remains open to the public if the following criteria are met:
(1) The prescription department is constructed in such a manner or located in such an area that reasonable barriers are in place which prevent the easy and/or quick access to legend drugs and other articles which are in the prescription department. These barriers may be doors or other obstacles as the occasion requires.
(2) The prescription department, if not secured and locked as described in subsection (b)(5)(A), must be secured and monitored by a board approved electronic monitoring device that provides the following:
(A) On-site audible alarm that is clearly and continuously audible at all points within the pharmacy.
(B) Off-site audible or visual alarm that is continuously monitored at all times that the pharmacy remains open while the prescription department is closed and secured.
(3) Any violation or breach of the secured area shall be duly recorded by the qualifying pharmacist of the pharmacy and by the off-site security monitoring agency and reported to the board within seventy-two (72) hours of the violation or breach. This report shall include the nature of the violation or breach.
(4) Facilities monitored electronically must provide for backup power for the eventuality that there is an electronic power failure for any reason. Such backup power shall be capable of continuing the monitoring for a period of no less than thirty-six (36) hours.
(5) The electronic monitoring system shall be activated and inactivated only by key or combination. Alarms which have been triggered shall only be reset and/or reactivated by a pharmacist. The key or combination shall only be in the possession or knowledge of a pharmacist. Reasonable exceptions shall be made to this for security system operators. However, in no case shall a security system operator have access to the secured area without the presence of a pharmacist. Such exceptions shall be listed in the application under this section and shall be subject to approval by the board.
(e) Under IC 25-26-13-10(b), the board may revoke or limit the privilege to be open to the general public without a pharmacist on duty if the pharmacy violates this section or section 4 of this rule. (Indiana Board of Pharmacy; Reg 13, Sec 3; filed Jun 18, 1962, 10:00 a.m.: Rules and Regs. 1963, p. 124; filed May 15, 1992, 5:00 p.m.: 15 IR 2246; readopted filed Nov 13, 2001, 3:55 p.m.: IR 1330)
Summary of factual data and analytical methodologies: The board reviewed the current alarm rule in view of the security needs of pharmacies that exist in other structures. The draft of the rule was prepared after extensive analysis by both professional and public members of the board, expert advice of pharmacists who operate pharmacies located within another structure, and representatives from the small business community.
Anticipated costs incurred by private sector: The Department of Regulation and Licensing has determined that there will be no anticipated costs that would be incurred by the private sector.
Fiscal estimate:
The proposed rule will have an impact of $120 annually on the department's funds. This represents the salary and fringe benefits for staff to prepare two plans for variance to present to the board per year. The board's legal counsel and bureau director and a professional credentialing supervisor will each need to spend one half hour per variance plan. The department will incur $500 in costs to print and distribute the rule change.
Effect on small business
Pursuant to s.
227.114 (1) (a), Stats., these proposed rules will have no significant economic impact on a substantial number of small businesses.
TEXT OF RULE
SECTION 1. Phar 6.08 is amended to read:
Phar 6.08 Security. Effective January 1, 2000, a A pharmacy shall have a centrally monitored alarm system in the pharmacy or the immediate physical structure within which the pharmacy is located. A security system or plan that does not utilize a centrally monitored alarm system may be used if reviewed and prior approval is obtained from the board.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
343.055 (5), Stats., and interpreting s.
343.055, Stats., the Department of Transportation will hold a public hearing in
Room 132-B, Conference Room B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
27th day of
January, 2005, at
10:00 AM, to consider the creation of s.
Trans 102.23, Wisconsin Administrative Code, relating to military vehicle operator CDL exemption.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes Interpreted: ss.
343.055, Stats.
Plain Language Analysis: Section
343.05 (4) (a) 1., Stats., currently exempts military persons from all state licensing requirements if they are members of the armed services driving a motor vehicle owned by or leased by the federal government.
Section
49 C.F.R. 383.3(c) permits states to exempt drivers operating a commercial motor vehicle for military purposes from CDL requirements. The federal government has requested that Wisconsin exempt all persons operating CMVs for military purposes from CDL requirements without regard to vehicle ownership. This proposed rule making would grant an exemption from CDL requirements for military purposes to the extent permitted by federal law.
Section
343.055 (5) requires WisDOT to issue administrative rules implementing all federal CDL waivers.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: Section
49 C.F.R. 383.3(c) permits states to exempt drivers operating a commercial motor vehicle for military purposes from CDL requirements. The federal government has requested that Wisconsin exempt all persons operating CMVs for military purposes from CDL requirements without regard to vehicle ownership. This proposed rule making would implement that exemption as required by s.
343.055 (5), Stats.
Comparison with Rules in Adjacent States: All 50 states have a CDL exemption for military drivers similar to this provision.
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: No data or analytical methodology was employed in considering this proposed rule making.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: This proposed rule making has no effect on small business. This affects only drivers working for the U.S. Military. You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website:
Fiscal Effect and Anticipated Costs Incurred by Private Sector: There is no fiscal effect for implementing this rule making, nor will the private sector incur any costs.
Place Where Comments are to be Submitted and Deadline for Submission: The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Gary Prideaux-Wentz, Department of Transportation, Division of Motor Vehicles, Room 351, P. O. Box 7995, Madison, WI 53707-7995. You may also contact Mr. Prideaux-Wentz by phone at (608) 264-8714.
